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Articles 1 - 30 of 37
Full-Text Articles in Entire DC Network
The Illusion Of Due Process In School Discipline, Diana Newmark
The Illusion Of Due Process In School Discipline, Diana Newmark
William & Mary Bill of Rights Journal
Long-term suspensions and expulsions can be enormously consequential for students and their families. Not only do exclusionary disciplinary measures directly result in lost learning opportunities for children, but school discipline decisions can also result in significant collateral consequences. These consequences range from lower rates of graduation and higher rates of contact with the criminal justice system to disruptions in foster care placements, violations of juvenile probation, and even possible immigration consequences for undocumented students.
The Supreme Court has recognized the significance of suspensions and expulsions, requiring due process for such exclusionary discipline measures. But the Supreme Court has never explained …
Laundering Police Lies, Adam Gershowitz, Caroline E. Lewis
Laundering Police Lies, Adam Gershowitz, Caroline E. Lewis
Faculty Publications
Police officers—like ordinary people—are regularly dishonest. Officers lie under oath (testilying), on police reports (reportilying), and in a myriad of other situations. Despite decades of evidence about police lies, the U.S. Supreme Court regularly believes police stories that are utterly implausible. Either because the Court is gullible, willfully blind, or complicit, the justices have simply rubber-stamped police lies in numerous high-profile cases. For instance, the Court has accepted police claims that a suspect had bags of cocaine displayed in his lap at the end of a police chase (Whren v. United States), that officers saw marijuana through a …
Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner
Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner
Faculty Publications
The literature offers inconsistent answers to a question that is foundational to criminal law: Who imposes sentences? Traditional narratives place sentencing responsibility in the hands of the judge. Yet, in a country where 95% of criminal convictions come from guilty pleas (not trials), modern American scholars center prosecutors—who control plea terms—as the deciders of punishment. This Article highlights and seeks to resolve the tension between these conflicting narratives by charting the pathways by which sentences are determined in a system dominated by plea bargains.
After reviewing the empirical literature on sentence variation, examining state and federal plea-bargaining rules and doctrines, …
The Philosophy Of Ai: Learning From History, Shaping Our Future. Hearing Before The Committee On Homeland Security And Government Affairs, Senate, One Hundred Eighteenth Congress, First Session., Margaret Hu
Congressional Testimony
No abstract provided.
Biden's Executive Order Puts Civil Rights Rights In The Middle Of The Ai Regulation Discussion, Margaret Hu
Biden's Executive Order Puts Civil Rights Rights In The Middle Of The Ai Regulation Discussion, Margaret Hu
Popular Media
No abstract provided.
The First Byte Rule: A Proposal For Liability Of Artificial Intelligences, Hilyard Nichols
The First Byte Rule: A Proposal For Liability Of Artificial Intelligences, Hilyard Nichols
William & Mary Business Law Review
Artificial Intelligences (AIs) are a relatively new addition to human civilization. From delivery robots to board game champions, researchers and businesses have found a variety of ways to apply this new technology. As it continues to grow and become more prevalent, though, so do its interactions with society at large. This will create benefits for people, through cheaper or better products and services. It also has the possibility to create harm. AIs are not perfect, and as the range of AI uses grows, so will the range of potential harms. A mistake from an AI customer service bot could fraudulently …
The Brief (Edition #30, October 2023), William & Mary Law School
The Brief (Edition #30, October 2023), William & Mary Law School
The Brief
No abstract provided.
The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin
The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin
William & Mary Bill of Rights Journal
In this Article, I demonstrate that legal mobilization by activist litigants combined with a comparative methodological jurisprudence has been central to the “transnational legal process” of the generation and diffusion of the sodomy decriminalization norm since the 1950s. My analysis of the transnational comparative jurisprudence relies on a comprehensive legal survey of seven decades of decriminalization jurisprudence (1954–2022), primarily using successful cases. Although the scholarship on the well-known Dudgeon, Toonen, and NCGLE cases often asserts the influence that these cases had on subsequent domestic court constitutional jurisprudence, I suggest that it is the domestic privacy jurisprudence of lobbyists, …
Pride Month: A Brief Overview Of Lgbtq+ Legal Issues, Wolf Law Library, William & Mary Law School
Pride Month: A Brief Overview Of Lgbtq+ Legal Issues, Wolf Law Library, William & Mary Law School
Library Book Displays
On display in the Wolf Law Library June-August 2023.
Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin
Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin
Popular Media
No abstract provided.
Criminal Justice Reform And The Centrality Of Intent, Cynthia V. Ward
Criminal Justice Reform And The Centrality Of Intent, Cynthia V. Ward
Faculty Publications
The nationwide movement for criminal justice reform has produced numerous proposals to amend procedural and sentencing practices in the American criminal justice system. These include plans to abolish mandatory minimum schemes in criminal sentencing; address discrimination in charging, convicting, and sentencing; reform drug policy; rectify discriminatory policies and practices in policing; assist incarcerated individuals in re-entering society when released from prison; and reorganize our system of juvenile justice. But less attention has been given to reforming the substantive content of the criminal law—specifically, to addressing flaws in how the law defines the elements of criminal culpability and deploys them in …
Let My People Go, Part Two: The Second Amendment Political Necessity Defense And The Storming Of Capital Hill, Kindaka Sanders
Let My People Go, Part Two: The Second Amendment Political Necessity Defense And The Storming Of Capital Hill, Kindaka Sanders
William & Mary Bill of Rights Journal
The Article examines the traditional political necessity defense, extracting elements that are compatible with the Second Amendment and discarding elements that are not. The Article also explores the historical and legal background of the right to rebel and then uses the right to rebel to define the contours of the Second Amendment political necessity defense. Finally, the Article applies the Second Amendment political necessity defense to the storming of the Capitol on January 6, 2020.
Part I of this Article discusses the constitutional basis for the political necessity defense. Part II articulates the political necessity doctrine refined by its Second …
Q&A: W&M Law Professor Jeffrey Bellin On 'Mass Incarceration Nation', W&M Law School Staff, Jeffrey Bellin
Q&A: W&M Law Professor Jeffrey Bellin On 'Mass Incarceration Nation', W&M Law School Staff, Jeffrey Bellin
Popular Media
No abstract provided.
The Brief (Edition #26, April 2023), William & Mary Law School
The Brief (Edition #26, April 2023), William & Mary Law School
The Brief
No abstract provided.
What Trump's Business Fraud Charges Mean -- A Former Prosecutor Explains The 34 Felony Counts And Obstacles Ahead For Manhattan's Da, Jeffrey Bellin
What Trump's Business Fraud Charges Mean -- A Former Prosecutor Explains The 34 Felony Counts And Obstacles Ahead For Manhattan's Da, Jeffrey Bellin
Popular Media
No abstract provided.
Death After Dobbs: Addressing The Viability Of Capital Punishment For Abortion, Melanie Kalmanson
Death After Dobbs: Addressing The Viability Of Capital Punishment For Abortion, Melanie Kalmanson
William & Mary Journal of Race, Gender, and Social Justice
Pre-Dobbs legislative efforts and states’ reactions in the immediate aftermath of Dobbs indicate the post-Dobbs reality that deeply conservative states will seek to criminalize abortion and impose extremely harsh sentences for such crimes, up to and including death. This Article addresses that reality. Initially, this Article illustrates that abortion and capital punishment are like opposite sides of the same coin, and it is a handful of states leading the counter majoritarian efforts on both topics. After outlining the position of each state in the nation that retains capital punishment on capital sentencing and abortion, the Article identifies the …
William & Mary Law School Clinical Program News (2022-2023), William & Mary Law School
William & Mary Law School Clinical Program News (2022-2023), William & Mary Law School
William & Mary Law School Clinical Program Newsletter
No abstract provided.
Legal Order At The Border, Evan J. Criddle
Legal Order At The Border, Evan J. Criddle
Faculty Publications
For generations, the United States has grappled with high levels of illegal immigration across the U.S.-Mexico border. This Article offers a novel theoretical framework to explain why legal order remains elusive at the border. Drawing inspiration from Lon Fuller’s “interactional view of law,” I argue that immigration law cannot attract compliance unless it is general, public, prospective, clear, consistent, and stable; obedience with its rules is feasible; and the law’s enforcement is congruent with the rules as enacted. The flagrant violation of any one of these principles could frustrate the development of a functional legal order. Remarkably, U.S. immigration law …
How Many More Brazilian Environmental Defenders Have To Perish Before We Act? President Lula's Challenge To Protect Environmental Quilombola Defenders, Sarah Dávila A.
How Many More Brazilian Environmental Defenders Have To Perish Before We Act? President Lula's Challenge To Protect Environmental Quilombola Defenders, Sarah Dávila A.
William & Mary Environmental Law and Policy Review
The Global South has been historically marginalized and continues to suffer from systemic oppression, impeding the realization of their human rights. Afro-descendants and other minority populations in the Global South live in disproportionately environmentally unsafe conditions and are disproportionately more vulnerable to climate change and environmental harm. One of those populations are Quilombolas. Quilombolas are Brazilian Afro-descendant communities who continue to fight to protect their community rights to ancestral lands, natural resources, and survival as a people. The Brazilian government under former Brazilian President Bolsonaro engaged in a persistent and systematic campaign to target, attack, and kill defenders, including Quilombola …
Promoting Healing And Avoiding Retraumatization: A Proposal To Improve Mental Health Care For Detained Unaccompanied Minors Through A Best Interests Of The Child Standard, Francesca J. Babetski
Promoting Healing And Avoiding Retraumatization: A Proposal To Improve Mental Health Care For Detained Unaccompanied Minors Through A Best Interests Of The Child Standard, Francesca J. Babetski
William & Mary Law Review
Part I of this Note will describe the circuit split. It will provide background on the A.M. [A.M. v. Luzerne County Juvenile Detention Center] and Doe 4 cases, including an explanation of the major precedents on which the Third and Fourth Circuits based their respective decisions. Then, Part II will argue that A.M. and its deliberate indifference standard cannot appropriately be applied in cases involving detained unaccompanied minors, also called Unaccompanied Alien Children (UACs). This almost twenty-year-old standard does not consider the latest information about immigration policy and the unique mental health needs of UACs such as Doe …
Kids, Cognition, And Confinement: Evaluating Claims Of Inadequate Access To Mental Health Care In Juvenile Detention Facilities, Lydia G. Mrowiec
Kids, Cognition, And Confinement: Evaluating Claims Of Inadequate Access To Mental Health Care In Juvenile Detention Facilities, Lydia G. Mrowiec
William & Mary Journal of Race, Gender, and Social Justice
In the United States, almost 60,000 juveniles are incarcerated in juvenile jails and prisons every day, and, as of March 2021, at least seventy percent of juveniles in the juvenile justice system have a mental health condition. For many young adults, prison and detention centers have “become the avenue of last resort” for treatment of those mental health conditions. However, juvenile detention facilities lack the support and resources to provide adequate care, which has led to high recidivism in the juvenile population. Juveniles, and individuals on their behalf, can challenge inadequate access to mental health resources by bringing claims under …
Friends With Benefits: Expanding Virginia's Domestic Violence And Mutual Protection Order Statutes To Include Reciprocal Beneficiaries, Faith A. Parker
Friends With Benefits: Expanding Virginia's Domestic Violence And Mutual Protection Order Statutes To Include Reciprocal Beneficiaries, Faith A. Parker
William & Mary Journal of Race, Gender, and Social Justice
On June 26, 2015, the Obergefell decision recognized same-sex marriage. While same-sex couples celebrated their new rights to marriage equality, they still face legal battles in the realm of domestic violence. Both married and unmarried same-sex couples face discrimination when reporting incidents of domestic violence. While most domestic violence statutes are gender-neutral on their face, their implementations disparately impact same-sex couples. Furthermore, domestic violence statutes that include same-sex couples punish same-sex couples more harshly than opposite-sex couples. This Note will examine the domestic violence law in Virginia, arguing that the laws are too vague to properly protect same-sex couples and …
Beating Justice: Corporal Punishment In American Schools And The Evolving Moral Constitution, Timothy D. Intelisano
Beating Justice: Corporal Punishment In American Schools And The Evolving Moral Constitution, Timothy D. Intelisano
William & Mary Journal of Race, Gender, and Social Justice
This Note will discuss the Supreme Court’s holding in Ingraham v. Wright, and the subsequent developments in public school corporal punishment practices. Rather than focus exclusively on the case law, this Note will dive into the statistical data outlining which students are most often subjected to corporal punishment. Often, it is Black students and Autistic students who are subject to the harshest treatment.
This Note will outline the different avenues that courts could and should take to overrule Ingraham. Because a circuit split exists—on the issue of how to resolve these claims—overturning Ingraham and declaring corporal punishment per …
Trump's Indictment Stretches Us Legal System In New Ways -- A Former Prosecutor Explains 4 Key Points To Understand, Jeffrey Bellin
Trump's Indictment Stretches Us Legal System In New Ways -- A Former Prosecutor Explains 4 Key Points To Understand, Jeffrey Bellin
Popular Media
No abstract provided.
The Brief (Edition #25, March 2023), William & Mary Law School
The Brief (Edition #25, March 2023), William & Mary Law School
The Brief
No abstract provided.
Core And Periphery In Constitutional Law, R. George Wright
Core And Periphery In Constitutional Law, R. George Wright
William & Mary Law Review Online
This paper embarks on an excursion through a number of the most vital constitutional rights cases, and other contexts as well, and seeks to show that the recurring judicial attempts to distinguish between core and peripheral areas within any given broad constitutional right are unnecessary and distracting. Intriguingly, the case for this conclusion varies significantly depending upon the nature of the general constitutional right in question. But the overall lesson is that courts should abandon their attempts to distinguish between core and peripheral areas of any given broad constitutional right. Courts should instead focus—directly or indirectly—on their best assessment of …
Understanding Mass Incarceration In The Us Is The First Step To Reducing A Swollen Prison Population, Jeffrey Bellin
Understanding Mass Incarceration In The Us Is The First Step To Reducing A Swollen Prison Population, Jeffrey Bellin
Popular Media
No abstract provided.
Emerging Technology's Language Wars: Cryptocurrency, Carla L. Reyes
Emerging Technology's Language Wars: Cryptocurrency, Carla L. Reyes
William & Mary Law Review
Work at the intersection of blockchain technology and law suffers from a distinct linguistic disadvantage. As a highly interdisciplinary area of inquiry, legal researchers, lawmakers, researchers in the technical sciences, and the public all talk past each other, using the same words, but as different terms of art. Evidence of these language wars largely derives from anecdote. To better assess the nature and scope of the problem, this Article uses corpus linguistics to reveal the inherent value conflicts embedded in definitional differences and debates related to developing regulation in one specific area of the blockchain technology ecosystem: cryptocurrency. Using cryptocurrency …
Let My People Go, Part One: Black Rebellion And The Second Amendment Political Necessity Defense, Kindaka Sanders
Let My People Go, Part One: Black Rebellion And The Second Amendment Political Necessity Defense, Kindaka Sanders
William & Mary Bill of Rights Journal
This Article argues that when an individual or group acts to protect a government-assailed constitutional right by criminal means, the doctrine of political necessity may serve as a constitutionally protected defense. The doctrine of political necessity builds on the common law doctrine of necessity. The necessity doctrine, also referred to as the “choice of evils” defense, exonerates an individual who creates a social harm to allay a greater harm to herself or others. Both state and federal courts have been especially reluctant to allow the use of the necessity defense in cases with political implications, in which the defendant acts …
Reducing Community Violence While Protecting Civil Rights, Kami Chavis
Reducing Community Violence While Protecting Civil Rights, Kami Chavis
Popular Media
No abstract provided.