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Articles 1 - 19 of 19
Full-Text Articles in Law
Strong Voices For A Vulnerable Group, Jack T. Brock Ii
Strong Voices For A Vulnerable Group, Jack T. Brock Ii
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Cyber-Republicanism, Sarah Tran
Cyber-Republicanism, Sarah Tran
William & Mary Law Review
In 1787 at the dawn of our nation, the Founding Fathers were embroiled in a raging debate over the role citizens and special interest groups should play in our political system. The Founding Fathers viewed influence from interest groups as a threat to government decision making, but they differed in their responses to this perceived problem. Proponents of republicanism, one of the dominant conceptions of politics at that time, adopted an optimistic approach. They anticipated that government leaders and citizens, guided by their education and civic virtue, would not allow factional tyranny to flourish. This republican optimism continues to markedly …
Ehearsay, Jeffrey Bellin
When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski
When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski
Virginia Coastal Policy Center
No abstract provided.
Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn
Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn
Virginia Coastal Policy Center
No abstract provided.
On Hart's Category Mistake, Michael S. Green
On Hart's Category Mistake, Michael S. Green
Faculty Publications
This essay concerns Scott Shapiro’s criticism that H.L.A. Hart’s theory of law suffers from a “category mistake.” Although other philosophers of law have summarily dismissed Shapiro’s criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro’s planning theory of law is that it can explain this phenomenon. Despite these sympathies, however, I end with the suggestion that Shapiro’s criticism of Hart, as it stands, is …
Copyright In Libraries: 21st Century Challenges...And Opportunities, James S. Heller
Copyright In Libraries: 21st Century Challenges...And Opportunities, James S. Heller
Library Staff Publications
No abstract provided.
Crossing The Line?: Copyright For Libraries, Frederick W. Dingledy
Crossing The Line?: Copyright For Libraries, Frederick W. Dingledy
Library Staff Publications
No abstract provided.
Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar
Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar
Library Staff Publications
No abstract provided.
Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet
Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet
Virginia Coastal Policy Center
No abstract provided.
A Brief Guide To Finding International Treaties, Jennifer Sekula
A Brief Guide To Finding International Treaties, Jennifer Sekula
Library Staff Publications
No abstract provided.
Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn
Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn
Virginia Coastal Policy Center
No abstract provided.
The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott
The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott
Virginia Coastal Policy Center
No abstract provided.
Charities In Politics: A Reappraisal, Brian Galle
Charities In Politics: A Reappraisal, Brian Galle
William & Mary Law Review
Federal law significantly limits the political activities of charities, but no one really knows why. In the wake of Citizens United, the absence of any strong normative grounding for the limits may leave the rules vulnerable to constitutional challenge. This Article steps into that breach, offering a set of policy reasons to separate politics from charity. I also sketch ways in which my more precise exposition of the rationale for the limits helps guide interpretation of the complex legal rules implementing them.
Any defense of the political limits begins with significant challenges because of a long tradition of scholarly criticism …
Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton
Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton
Popular Media
No abstract provided.
Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Popular Media
No abstract provided.
(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie
(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie
William & Mary Journal of Race, Gender, and Social Justice
Despite limited growth in legal protections for transgender people, dress and appearance are largely treated as unprotected matters of personal preference. In response, lawyers and scholars argue that dress and appearance are intimately connected to the expression of identity. Nonetheless, courts have generally deferred to the government’s proffered justifications for these laws.
This article refocuses on the government’s alleged interests in regulating gender nonconformity. Using a First Amendment analysis, the article reveals how seemingly neutral government interests are used to single out conduct because it expresses messages of gender nonconformity. This approach avoids impossible questions about the subjective intent of …
Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar
Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar
Library Staff Publications
The Wolf Law Library at the College of William and Mary initiated a project to re-create the library of George Wythe, the founding father of American legal education. A relatively small number of Wythe’s books are still extant today; for some volumes, there is strong documentary evidence to prove conclusively he owned specific editions of particular titles. Additionally, four bibliographies with varying levels of substantiating information provide insight into the contents of Wythe’s library. Examination of these sources launched an excursion into bibliographic history and rare book collecting that illuminates the difficulties in attempting to establish the exact editions contained …
Petitions, Privacy, And Political Obscurity, Rebecca Green
Petitions, Privacy, And Political Obscurity, Rebecca Green
Faculty Publications
People who sign petitions must accept disclosure of their political views. This conclusion rests on the seemingly uncontroversial (if circular) premise that petition signing is a public activity. Courts have thus far shown little sympathy for individuals who take a public stand on an issue by signing a petition and then assert privacy claims after the fact. Democracy, after all, takes courage, as Justice Scalia wrote in the petitioning disclosure case Doe v. Reed. But signing a petition today brings consequences beyond public criticism. The real threat of disclosure for modern petition signers is not tangible harassment, but the loss …