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Articles 1 - 12 of 12
Full-Text Articles in Law
The Continuing Drift Of Federal Sovereign Immunity Jurisprudence, Gregory C. Sisk
The Continuing Drift Of Federal Sovereign Immunity Jurisprudence, Gregory C. Sisk
William & Mary Law Review
With the enduring doctrine of federal sovereign immunity, it is too late in the day to suggest that the United States should be treated as an ordinary party in the federal courts. Yet as the Supreme Court has become more comfortable with the increasingly common encounter with a statutory waiver of immunity, the rigidity of interpretive approach has eased. An early jaundiced judicial attitude has resolved into a greater respect for the legislative promise of relief to those harmed by their government. After sketching the history of statutory waivers over the past century-and-a-half and examining Supreme Court decisions across the …
How Wide Should The Actual Innocence Gateway Be? An Attempt To Clarify The Miscarriage Of Justice Exception For Federal Habeas Corpus Proceedings, Jennifer Gwynne Case
How Wide Should The Actual Innocence Gateway Be? An Attempt To Clarify The Miscarriage Of Justice Exception For Federal Habeas Corpus Proceedings, Jennifer Gwynne Case
William & Mary Law Review
No abstract provided.
Activism And Terrorism, Timothy Zick
The Sanctity Of Polling Places, Timothy Zick
The Facade Of Neutrality: Uncovering Gender Silences In International Trade, Barnali Choudhury
The Facade Of Neutrality: Uncovering Gender Silences In International Trade, Barnali Choudhury
William & Mary Journal of Race, Gender, and Social Justice
International trade policies have traditionally been measured in terms of net economic benefit and market-based criteria. For the most part, these policies have largely ignored any of the societal effects that a liberalized trade regime may cause. Recently, however, the environmental, health, and labor impacts of trade agreements have slowly gained recognition as areas of concern. This recognition has led to an overall growing trend towards acknowledging the linkages between trade and non-trade issues.
One area that has been relatively untouched by any new developments is the issue of gender. Trade theories proceed from the premise that trade agreements are …
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Faculty Publications
Much has been made of the Supreme Court's recent pronouncements on federal civil pleading standards during the latter half of the 2006-2007 Term. Specifically, what will be the fallout from the Court's decision in Bell Atlantic Corp. v. Twombly, a case that abrogated Conley v. Gibson's famous "no set of facts" formulation and supplanted it with a new plausibility pleading standard? This Article attempts to examine and distill the impact of Twombly on the pleading standards that lower federal courts are applying when scrutinizing civil rights claims. Two main approaches emerge: that of courts choosing to continue to apply a …
Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Virginia Is For (Lovers) Business Owners Who Feel The Human Rights Commission Poses A Threat To Their Religious Liberties, Sarah Miller
Virginia Is For (Lovers) Business Owners Who Feel The Human Rights Commission Poses A Threat To Their Religious Liberties, Sarah Miller
William & Mary Journal of Race, Gender, and Social Justice
In November 1992, the Arlington County Board voted to add "sexual orientation" to the group of classes protected under its antidiscrimination policy. When a store owner was sued for violating this policy in 2006, he countersued, claiming that Arlington did not have the power to enact such a policy. His claim was based on the existence of a strongly state-centered power hierarchy unique to a very small minority of states, including Virginia, laid out in the Dillon Rule. Virginia's use of the Dillon Rule basically cripples its municipal corporations by injecting uncertainty into the process of enacting local legislation and …
Reconstructing The Race-Sex Analogy, Serena Mayeri
Reconstructing The Race-Sex Analogy, Serena Mayeri
William & Mary Law Review
In the standard account, American sex equality law rests on a partial and imperfect analogy to race, developed in the 1970s by feminists intent on establishing formal equality between men and women, and embraced, albeit selectively and uneasily, by lawmakers and judges. But this account, although containing important elements of truth, obscures the creative ways that advocates turned the tables, arguing that principles developed in sex equality jurisprudence could expand the availability of remedies for racial injustice. This Article explores one example of this phenomenon: efforts, led by Ruth Bader Ginsburg, to use the emerging constitutional distinction between detrimental and …
A Welfare State Of Civil Rights: The Triumph Of The Therapeutic In American Constitutional Law, Daniel F. Piar
A Welfare State Of Civil Rights: The Triumph Of The Therapeutic In American Constitutional Law, Daniel F. Piar
William & Mary Bill of Rights Journal
This Article examines the influence of the therapeutic culture on the modem constitutional law of civil rights. The therapeutic culture is defined as one in which the central moral question is individual fulfillment. That culture has sprung up to replace older cultures such as Protestantism and classical republicanism, which are no longer capable of appealing to a nation as diverse as the United States. Instead of asking whether individuals or the nation conform to some external moral system, the therapeutic culture asks whether individuals are happy or fulfilled. This Article demonstrates that the therapeutic culture has had a significant effect …
Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein
Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons
The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons
Faculty Publications
Title 42 U.S. C. § 14141 authorizes the United States Department of Justice ("DOJ") to seek injunctive relief against local law enforcement agencies to eliminate a pattern or practice of unconstitutional conduct by these agencies. Rather than initiate lawsuits to reform these agencies, DOJ's current strategy is to negotiate reforms using a process that involves only DOJ representatives, municipality officials, and police management officials. While there are many benefits of negotiating the reforms, the current process excludes important stakeholders directly impacted by the reforms, including community members, who are the consumers of police services, and the rank-and-file police officers, whom …