Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- United States Constitution 1st Amendment (21)
- Constitutional Law (13)
- Human Rights (11)
- Freedom of Religion (8)
- Postwar Reconstruction (8)
-
- United States Supreme Court (8)
- Church and State (7)
- Equal Protection (6)
- Rule of Law (6)
- Women Prisoners (6)
- Civil Rights (5)
- Constitutional Interpretation (5)
- International Law (5)
- Criminal Procedure (4)
- Environmental Policy (4)
- Executive Power (4)
- Federalism (4)
- Freedom of Speech (4)
- Judicial Process (4)
- National Security (4)
- Property Rights (4)
- United States (4)
- Voting Machines (4)
- 1997 (3)
- Administrative Procedure (3)
- Brigham-Kanner Property Rights Conference (3)
- Child Welfare (3)
- Civil Rights Act of 1964 (42 U.S.C. 2000e) (3)
- Conflict of Laws (3)
- Courts (3)
- Publication
- Publication Type
Articles 1 - 30 of 235
Full-Text Articles in Law
Circumventing Congress: How The Federal Courts Opened The Door To Impeaching Criminal Defendants With Prior Convictions, Jeffrey Bellin
Circumventing Congress: How The Federal Courts Opened The Door To Impeaching Criminal Defendants With Prior Convictions, Jeffrey Bellin
Faculty Publications
This Article spotlights the flawed analytical framework at the heart of the federal courts’ approach to one of the most controversial trial practices in American criminal jurisprudence — the admission of prior convictions to impeach the credibility of defendants who testify. As the Article explains, the flawed approach is a byproduct of the courts’ reliance on a five-factor analytical framework to implement the governing legal standard enacted by Congress in Federal Rule of Evidence 609. Tracing the evolution of the fivefactor framework from its roots in pre-Rule 609 case law, the Article demonstrates that the courts’ reinterpretation of the framework …
A Realistic Approach To The Obviousness Of Inventions, Daralyn J. Durie, Mark A. Lemley
A Realistic Approach To The Obviousness Of Inventions, Daralyn J. Durie, Mark A. Lemley
William & Mary Law Review
No abstract provided.
The Failure Of Punitive Damages In Employment Discrimination Cases: A Call For Change, Joseph A. Seiner
The Failure Of Punitive Damages In Employment Discrimination Cases: A Call For Change, Joseph A. Seiner
William & Mary Law Review
Punitive damages were described by one early court as "an unsightly and an unhealthy excrescence." Although views toward punitive relief have changed over the years, the debate over the availability of exemplary damages in the judicial system has remained controversial. No place is that controversy more aptly demonstrated than in employment discrimination law, where punitive damages first became available in an amendment to Title VII of the Civil Rights Act of 1964 after a bitter congressional debate. Almost a decade ago, in Kolstad v. American Dental Association, the Supreme Court provided guidance on how punitive damages should be applied in …
Introduction: How We Vote: Electronic Voting And Other Voting Practices In The United States, Davison M. Douglas
Introduction: How We Vote: Electronic Voting And Other Voting Practices In The United States, Davison M. Douglas
William & Mary Bill of Rights Journal
No abstract provided.
Giving Dissenters Back Their Rights: How The White House Presidential Advance Manual Changes The First Amendment And Standing Debates, Kimberly Albrecht-Taylor
Giving Dissenters Back Their Rights: How The White House Presidential Advance Manual Changes The First Amendment And Standing Debates, Kimberly Albrecht-Taylor
William & Mary Bill of Rights Journal
No abstract provided.
Machine Errors And Undervotes In Florida 2006 Revisited, Walter R. Mebane
Machine Errors And Undervotes In Florida 2006 Revisited, Walter R. Mebane
William & Mary Bill of Rights Journal
The 2006 election for U.S. House of Representatives District 13 in Sarasota County, Florida, attracted extensive controversy because an unusually high proportion of the ballots cast lacked a vote for that office, and the unusual number of undervotes probably changed the election outcome. Intensive technical studies based on examining software and hardware from the iVotronic touchscreen voting machines used to conduct the election failed to find mechanical flaws sufficient to explain the undervotes. Studies that examined the ballots used in Sarasota and in some other counties concluded the high undervote rate was caused by peculiar features of the ballot's format …
The Case Of The Disappearing Votes: Lessons From The Jennings V. Buchanan Congressional Election Contest, Jessica Ring Amunson, Sam Hirsch
The Case Of The Disappearing Votes: Lessons From The Jennings V. Buchanan Congressional Election Contest, Jessica Ring Amunson, Sam Hirsch
William & Mary Bill of Rights Journal
No abstract provided.
Early Voting Reforms And American Elections, Paul Gronke
Early Voting Reforms And American Elections, Paul Gronke
William & Mary Bill of Rights Journal
No abstract provided.
Voter Registration And Election Reform, Daniel P. Tokaji
Voter Registration And Election Reform, Daniel P. Tokaji
William & Mary Bill of Rights Journal
No abstract provided.
State Regulation Of Sexuality In International Human Rights Law And Theory, Aaron Xavier Fellmeth
State Regulation Of Sexuality In International Human Rights Law And Theory, Aaron Xavier Fellmeth
William & Mary Law Review
In Part I, this Article presents the first published, worldwide survey of international practice in interpreting and applying various international human rights norms to the issue of sexual freedom, with a special emphasis on the rights to privacy, family life, and freedom from arbitrary discrimination based on sexual orientation. Although progress toward general recognition of such rights by international authorities and states has been extremely rapid over a very short period, such recognition continues to vary geographically and according to the subject matter. For example, some rights, such as the right to consensual, adult, private intercourse have achieved more widespread …
I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds
I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds
William & Mary Law Review
No abstract provided.
Chevron's Consensus, Evan J. Criddle
Voting System Risk Assessment Via Computational Complexity Analysis, Dan S. Wallach
Voting System Risk Assessment Via Computational Complexity Analysis, Dan S. Wallach
William & Mary Bill of Rights Journal
Any voting system must be designed to resist a variety of failures, ranging from inadvertent misconfiguration to intentional tampering. The problem with conducting analyses of these issues, particularly across widely divergent technologies, is that it is very difficult to make apples-to-apples comparisons. This paper considers the use of a standard technique used in the analysis of algorithms, namely complexity analysis with its "big-O" notation, which can provide a high-level abstraction that allows for direct comparisons across voting systems. We avoid the need for making unreliable estimates of the probability a system might be hacked or of the cost of bribing …
Voting Technology And The 2008 New Hampshire Primary, Michael C. Herron, Walter R. Mebane, Jonathan N. Wand
Voting Technology And The 2008 New Hampshire Primary, Michael C. Herron, Walter R. Mebane, Jonathan N. Wand
William & Mary Bill of Rights Journal
No abstract provided.
Gatekeeping Vs. Balancing In The Constitutional Law Of Elections: Methodological Uncertainty On The High Court, Christopher S. Elmendorf, Edward B. Foley
Gatekeeping Vs. Balancing In The Constitutional Law Of Elections: Methodological Uncertainty On The High Court, Christopher S. Elmendorf, Edward B. Foley
William & Mary Bill of Rights Journal
This Essay examines the methodological upheaval created by the quartet of constitutional election law cases decided during October Term 2007. Prior to this Term, the ascendant analytic approach called for a threshold characterization of the burden on the plaintiff's rights, which characterization determined whether the court would apply strict scrutiny or lax, rational-basis-like review. The characterization was generally formal in nature. But in light of the Supreme Court's latest decisions, it is now open to a lower court adjudicating a First Amendment or Equal Protection challenge to an election law-absent a Supreme Court precedent squarely on point- (1) to engage …
A Constitutional Anomaly: Safeguarding Confidential National Security Information Within The Enigma That Is The American Vice Presidency, Todd Garvey
William & Mary Bill of Rights Journal
No abstract provided.
Imperial And Imperiled: The Curious State Of The Executive, Saikrishna B. Prakash
Imperial And Imperiled: The Curious State Of The Executive, Saikrishna B. Prakash
William & Mary Law Review
In the last four decades, the presidency has been characterized both as the "imperial presidency" as well as the "imperiled presidency. "From an originalist perspective, both camps have elements of truth on their side. When it comes to the conduct and initiation of wars, modern Presidents exercise powers that rival those the Crown possessed in England. Presidents claim the power to start wars, notwithstanding Congress's power to declare war. Moreover, Presidents insist that they have the sole right to determine how the armed forces will wage all wars, even though Congress clearly has considerable power over the armed forces. Law …
Personal Residences, Dale P. Burgess
Personal Residences, Dale P. Burgess
William & Mary Annual Tax Conference
No abstract provided.
Troubled Projects, Workouts And Debt Restructurings, Richard Blumenreich
Troubled Projects, Workouts And Debt Restructurings, Richard Blumenreich
William & Mary Annual Tax Conference
No abstract provided.
Revised (And Revised Again) Internal Revenue Code Section 6694 And New Irs Guidance, Brian C. Bernhardt, Craig D. Bell
Revised (And Revised Again) Internal Revenue Code Section 6694 And New Irs Guidance, Brian C. Bernhardt, Craig D. Bell
William & Mary Annual Tax Conference
No abstract provided.
Ventures With Tax-Exempt And Foreign Investors, James H. Lokey, Sara O. Loft
Ventures With Tax-Exempt And Foreign Investors, James H. Lokey, Sara O. Loft
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments In Federal Income Taxation, Ira B. Shepard
Recent Developments In Federal Income Taxation, Ira B. Shepard
William & Mary Annual Tax Conference
No abstract provided.
Capturing Capital Gain While Staying In The Deal, Thomas P. Rohman, Todd D. Golub
Capturing Capital Gain While Staying In The Deal, Thomas P. Rohman, Todd D. Golub
William & Mary Annual Tax Conference
No abstract provided.
Like-Kind Exchanges, Robert D. Schachat
Like-Kind Exchanges, Robert D. Schachat
William & Mary Annual Tax Conference
No abstract provided.
Preserving Capital Gains In Real Estate Transactions, Todd D. Golub, Richard M. Lipton
Preserving Capital Gains In Real Estate Transactions, Todd D. Golub, Richard M. Lipton
William & Mary Annual Tax Conference
No abstract provided.
Hot Topics In Virginia Taxation - The Present And The Future?, Craig D. Bell, William L.S. Rowe
Hot Topics In Virginia Taxation - The Present And The Future?, Craig D. Bell, William L.S. Rowe
William & Mary Annual Tax Conference
No abstract provided.
Partnership Allocations: What You Don't Know Can Hurt You, Steven M. Friedman
Partnership Allocations: What You Don't Know Can Hurt You, Steven M. Friedman
William & Mary Annual Tax Conference
No abstract provided.
Estate Planning For Real Estate Investors, Farhad Aghdami
Estate Planning For Real Estate Investors, Farhad Aghdami
William & Mary Annual Tax Conference
No abstract provided.
Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle
Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle
William & Mary Law Review
No abstract provided.
Reconstructing The Dormant Commerce Clause Doctrine, Brannon P. Denning
Reconstructing The Dormant Commerce Clause Doctrine, Brannon P. Denning
William & Mary Law Review
In this Article, I argue that the alleged incoherence and unpredictability of the dormant Commerce Clause doctrine (DCCD) is rooted in the Supreme Court's search, through the years, for a stable set of rules enabling it to distinguish permissible from impermissible state regulations of interstate commerce and commercial actors. Its lack of success, the Article argues, is due in large part to the Court's inability to settle on the constitutional command the doctrine was to enforce. Historically, the Court would promulgate a set of rules, apply them for a time, then alter or modify them as the rules became unsatisfactory. …