Digital Commons Network^™

Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross

William & Mary Bill of Rights Journal

No abstract provided.

Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele

William & Mary Journal of Race, Gender, and Social Justice

This Article first focuses on the history of CSEC (commercially sexually exploited children) legislation in the United States by contextualizing the history of state anti-trafficking laws within the larger anti-trafficking policy framework of federal U.S. statutes and United Nations’ (U.N.) protocols. The second and third sections address the variables, statistical model, and results of our data analysis. The fourth section discusses the implications of these findings. The Article concludes with practical considerations for future CSEC legislative efforts on the state level.

When Sex Trafficking Victims Turn Eighteen: The Problematic Focus On Force, Fraud, And Coercion In U.S. Human Trafficking Laws, Julianne Siegfriedt

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Thirteenth Annual Brigham-Kanner Property Rights Conference (Program), William & Mary Law School, University Of Leiden, Grotius Center Of International Legal Studies

2016 Property Conference

No abstract provided.

Criminalizing “Private” Torture, Tania Tetlow

William & Mary Law Review

This Article proposes a state crime against torture by private actors as a far better way to capture the harm of serious domestic violence. Current criminal law misses the cumulative terror of domestic violence by fracturing it into individualized, misdemeanor batteries. Instead, a torture statute would punish a pattern crime— the batterer’s use of repeated violence and threats for the purpose of controlling his victim. And, for the first time, a torture statute would ban nonviolent techniques committed with the intent to cause severe pain and suffering, including psychological torture, sexual degradation, and sleep deprivation.

Because serious domestic violence routinely …

Consolidating Local Criminal Justice: Should Prosecutors Control The Jails?, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts

Faculty Publications

No abstract provided.

Section 1: Moot Court: Pena-Rodriguez V. Colorado, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 4: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer

Faculty Publications

The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.

Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers and educators …

'Serial' Should Release Bergdahl Interviews, Jeffrey Bellin

Popular Media

No abstract provided.

Technology Doesn't Change The Need For Legal Protection, Kami N. Chavis

Popular Media

No abstract provided.

How We Move Beyond Dallas, Spencer Overton, Kami Chavis

Popular Media

Calls for healing and reconciliation in the wake of recent racial violence overlook the substantive, concrete steps that experts say would help forestall the next police tragedy.

Hate Crime Laws To Protect Police Are Misguided, Kami Chavis

Popular Media

JURIST Guest Columnist Kami N. Chavis of Wake Forest University School of Law discusses the recent proposals to add police officers to hate crime statutes.

Post-Trial Pleas Bargaining In Capital Cases: Using Conditional Commutations To Remove Weak Cases From Death Row, Adam M. Gershowitz

Faculty Publications

Plea bargaining accounts for over ninety percent of criminal convictions and it dominates the American criminal justice system. Yet, once a defendant is convicted, bargaining almost completely disappears from the system. Even though years of litigation are on the horizon, there is nearly no bargaining in the appellate and habeas corpus process. There are two reasons for this. First, prosecutors and courts typically lack the power to alter a sentence that has already been imposed. Second, even if prosecutors had the authority to negotiate following a conviction, they would have little incentive to do so. Affirmance rates in ordinary criminal …

Military Sexual Trauma And Department Of Veterans Affairs Disability Compensation For Ptsd: Barriers, Evidentiary Burdens And Potential Remedies, Kaylee R. Gum

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Putting The Spotlight On “The Terminator”: How The Icc Prosecution Of Bosco Ntaganda Could Reduce Sexual Violence During Conflict, Sarah T. Deuitch

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Intersections Of Violence Against Women And Health: Implications For Health Law And Policy In Nigeria, Cheluchi Onyemelukwe

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Honest Victim Scripting In The Twitterverse, Francine Banner

William & Mary Journal of Race, Gender, and Social Justice

This Article critically analyzes Tweets regarding recent allegations of interpersonal violence against celebrities in order to explore societal perceptions of, and expectations about, alleged victims. The Article concludes that Twitter may be viewed as a micro-courtroom in which victims’ veracity and perpetrators’ responses are evaluated, interrogated, and assessed. A key, feminist critique of rape law is that the determination of the perpetrator’s guilt or innocence too often hinges on an assessment of the victim’s character. This is borne out on social networking sites, where terms such as “gold digger,” “slut,” and “ho” are engaged with regularity to describe those who …

Confrontation As A Rule Of Production, Pamela R. Metzger

William & Mary Bill of Rights Journal

No abstract provided.

The United States Supreme Court (Mostly) Gives Up Its Review Role With Ineffective Assistance Of Counsel Cases, Paul Marcus

Faculty Publications

No abstract provided.

Foreword: A New Frontier In Criminal Justice Reform, Kami Chavis

Faculty Publications

Each author featured in this issue of the Wake Forest Journal of Law & Policy explores different aspects of the criminal justice system in the United States, and they come to the same conclusion that there is widespread consensus that in order for our system to fully embody the ideals of our nation and our great Constitution, critical reforms must occur at every stage within the criminal justice process.

There is currently strong momentum and bipartisan support to encourage changes that will impact not only those currently imprisoned, but also those in the pipeline to prison, and recent policy shifts …

The Supreme Court Didn't Fix Racist Jury Selection, Kami Chavis

Popular Media

No abstract provided.

The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi

William & Mary Law Review

Describing the Justices of the Supreme Court as “liberals” and conservatives” has become so standard— and the left-right division on the Court is considered so entrenched— that any deviation from that pattern is treated with surprise. Attentive Court watchers know that the Justices are not just politicians in robes, deciding each case on a purely ideological basis. Yet the increasingly influential empirical legal studies literature assumes just that— that a left-right ideological dimension fully describes the Supreme Court. We show that there is a second, more legally-focused dimension of judicial decision making. A continuum between legalism and pragmatism also divides …

Course Schedule Spring 2016, William & Mary Law School

Course Information

No abstract provided.

Patents Absent Adversaries, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.

Designing Plea Bargaining From The Ground Up: Accuracy And Fairness Without Trials As Backstops, Stephanos Bibas

William & Mary Law Review

American criminal procedure developed on the assumption that grand juries and petit jury trials were the ultimate safeguards of fair procedures and accurate outcomes.But nowthat plea bargaining has all but supplanted juries, we need to think through what safeguards our plea-bargaining systemshould be built around. This Symposium Article sketches out principles for redesigning our plea-bargaining system from the ground up around safeguards. Part I explores the causes of factual, moral, and legal inaccuracies in guilty pleas. To prevent and remedy these inaccuracies, it proposes a combination of quasi-inquisitorial safeguards, more vigorous criminal defense, and better normative evaluation of charges, pleas, …

Plea Bargaining And The Substantive And Procedural Goals Of Criminal Justice: From Retribution And Adversarialism To Preventive Justice And Hybrid-Inquisitorialism, Christopher Slobogin

William & Mary Law Review

Plea bargaining and guilty pleas are intrinsically incompatible with themost commonly-accepted substantive and procedural premises of American criminal justice: Plea bargaining routinely results in punishment disproportionate to desert, and guilty pleas are an insult to procedural due process. This Article argues that the only way to align plea bargaining with our criminal justice premises is to change those premises. It imagines a system in which retribution is no longer the lodestar of punishment, and in which party-control of the process is no longer the desideratum of adjudication. If, instead, plea bargaining were seen as a mechanism for implementing a sentencing …

Plea Bargaining's Baselines, Josh Bowers

William & Mary Law Review

In this Symposium Article, I examine the Court’s unwillingness to take seriously the issue of coercion as it applies to plea bargaining practice. It is not so much that the Court has ignored coercion entirely. Rather, it has framed the inquiry in a legalisticmanner that has made immaterial the kinds of considerations we might think most relevant to the evaluation. The Court has refused to ask qualitative questions about felt pressure, prosecutorial motivation, or the risk or reality of excessive punishment. All that matters is legal permissibility. A prosecutor may compel a defendant to plead guilty as long as she …