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Articles 1 - 30 of 115
Full-Text Articles in Law
Islam And The Death Penalty, William A. Schabas
Islam And The Death Penalty, William A. Schabas
William & Mary Bill of Rights Journal
Capital punishment is not practiced by a majority of the world's states. Anti-capital punishment domestic policies have led to an international law of human rights that emphatically prohibits cruel and inhuman punishment. International concern for the abolition of capital punishment has prompted Islamic states that still endorse and practice the death penalty to respond with equally compelling concerns based on the tenets of Islamic law. Professor William A. Schabas suggests that Islamic states view capital punishment according to the principles embodied in the Koran. Islamic law functions on the belief that all people have a right to life unless the …
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
William & Mary Bill of Rights Journal
The Internet has created a blossoming cyber-economy and a new way of conducting business. Unfortunately for those looking for jurisdictional certainty, however, cyberspace also effectively eliminates geographic boundaries. The unprecedented circumstances set by this new frontier have put federal courts in the unenviable position of deciding whether Internet-based cases meet diversity jurisdiction requirements. Examining the constitutional history and recent use of diversity, this Note argues that the Founders did not foresee an era where every contract or sales case would end up in federal court; rather, they intended diversity jurisdiction to be a rare and perhaps temporary proposition. The author …
Shall It Be Said That My Dusk Was In Truth My Dawn? What States Can Gleam From The Environmental Consequences Of Deregulating Electricity In California, Michael Kantro
William & Mary Environmental Law and Policy Review
No abstract provided.
Religious Organizations And The Death Penalty, Robert F. Drinan
Religious Organizations And The Death Penalty, Robert F. Drinan
William & Mary Bill of Rights Journal
Over the past several years, many questions have been raised concerning the application and effectiveness of the death penalty. Ironically, the Catholic Church, a long-time supporter of the death penalty, has become one of the most vocal critics of the death penalty. In this Essay, Father Robert F. Drinan documents the Church's new-found opposition to the death penalty, and discusses the influence the Church will have on the future of the death penalty.
God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas
God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas
William & Mary Bill of Rights Journal
In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …
Religious Neutrality And The Death Penalty, Arnold H. Loewy
Religious Neutrality And The Death Penalty, Arnold H. Loewy
William & Mary Bill of Rights Journal
Cases involving the Establishment of Religion Clause predominantly emphasize religious neutrality. Believing this to be normatively correct, Professor Loewy argues for religious neutrality in capital punishment cases. In accordance therewith, he would uphold religious peremptory challenges where a juror's religious belief is related to her death penalty perspective. Professor Loewy agrees with the courts'general willingness to disallow religion as an aggravating factor while allowing it as a mitigating factor. This dichotomy comports with the neutrality principle because aggravating factors, in general, are limited whereas mitigating factors are unlimited.
The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet
The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet
William & Mary Bill of Rights Journal
In his Article, Professor Michael L. Radelet describes a global decline in the use of the death penalty, the United Nation's progressively stronger stance against executions, and a growing opposition to capital punishment in the United States. This decrease is attributed to both empirical studies casting doubt on the death penalty's efficacy in promoting its stated underlying goals, and to the increasingly vocal stance of religious leaders morally opposed to capital punishment. Nevertheless, the decline in other justifications for capital punishment has been met with increasing reliance on retribution as the primary argument in its support. Professor Radelet argues that …
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
William & Mary Bill of Rights Journal
The Fifth Amendment of the United States Constitution, along with similar provisions in state constitutions, forbids the taking of private property by the government for a public use without just compensation. Despite this protection, many courts have denied takings claims made by innocent third party landowners when police officers caused damage to their property during the course of executing their official duties. These courts held that the damage was not for a "public use" in the narrow sense, and have refused to analyze the claims under takings jurisprudence. This narrow view of "public use" ignores the fact that society as …
Mission Impossible: On Baker, Equal Benefits, And The Imposition Of Stigma, Mark Strasser
Mission Impossible: On Baker, Equal Benefits, And The Imposition Of Stigma, Mark Strasser
William & Mary Bill of Rights Journal
In Baker v. State, the Vermont Supreme Court held that the state constitution required same-sex couples be afforded the same benefits and protections that married couples receive. While the state did not need to recognize same-sex marriage, at the very least, it needed to create a parallel system providing equal benefits. Professor Mark Strasser argues that a civil union alternative ultimately would not meet the court's requirements because it cannot possibly provide this requisite equality. His central concern is the differing treatment that same-sex marriage and domestic partnerships receive from other states. Additionally, Professor Strasser notes that such a system …
Introduction To The Symposium: Religion's Role In The Administration Of The Death Penalty, Stephen P. Garvey
Introduction To The Symposium: Religion's Role In The Administration Of The Death Penalty, Stephen P. Garvey
William & Mary Bill of Rights Journal
No abstract provided.
Religious Conservatives And The Death Penalty, Thomas C. Berg
Religious Conservatives And The Death Penalty, Thomas C. Berg
William & Mary Bill of Rights Journal
With the increased fervor surrounding the death penalty, many religious sects have re-examined their position on this issue. New statistics concerning possible discrimination in the application of the death penalty prompted several religious groups to call for a moratorium on the death penalty. In this Essay, Professor Thomas C. Berg examines how religious conservatives, especially Roman Catholics and evangelical Protestants, have dealt with the recent concerns over the death penalty. Part I of the Essay documents how Roman Catholics and evangelical Protestants traditionally approach the death penalty. In this section, Professor Berg concludes that critics of the death penalty can …
Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson
Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson
William & Mary Bill of Rights Journal
Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious …
Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook
Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook
William & Mary Bill of Rights Journal
In her paper, Professor Kimberly J. Cook uses statistics to illustrate the role the Christian Right plays in the public discourse over two issues permeated with religious overtones: abortion and the death penalty. She shows how the Christian Right's approach to these issues is based on an ideological notion of 'Justice " that is primarily focused on vengeance and punishment, to the exclusion of forgiveness. Professor Cook's exploration of the modern roots of this ideology leads to a movement dating from the 1960s known as Christian Reconstructionism, which advocates using state action to enforce its unique interpretation of "God's Will." …
Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine
Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine
William & Mary Bill of Rights Journal
Determining the place and use of capital punishment in the American legal system is a challenging affair and one that is closely associated with and determined by religion's role in American legal decision-making. Both capital punishment and religion are controversial issues, and tend to challenge legal scholars and practitioners about whether they should function together or alone as valid parts of the legal system in the United States. Professor Levine argues that religious arguments should be employed to interpret and explain American legal thought when the need or proper situation arises. He uses capital punishment as an example of how …
Transcript Of Speech On Religions's Role In The Administration Of The Death Penalty, Pat Robertson
Transcript Of Speech On Religions's Role In The Administration Of The Death Penalty, Pat Robertson
William & Mary Bill of Rights Journal
No abstract provided.
Choices And Institutions In Watershed Management, Jon Cannon
Choices And Institutions In Watershed Management, Jon Cannon
William & Mary Environmental Law and Policy Review
No abstract provided.
Taking Nature Into Account: Observations About The Changing Role Of Analysis And Negotiation In Hydropower Relicensing, Kurt Stephenson
Taking Nature Into Account: Observations About The Changing Role Of Analysis And Negotiation In Hydropower Relicensing, Kurt Stephenson
William & Mary Environmental Law and Policy Review
No abstract provided.
Markets For Nature, Barton H. Thompson Jr.
Markets For Nature, Barton H. Thompson Jr.
William & Mary Environmental Law and Policy Review
No abstract provided.
Punishment At All Costs: On Religion, Convicting The Innocent, And Supporting The Death Penalty, Robert L. Young
Punishment At All Costs: On Religion, Convicting The Innocent, And Supporting The Death Penalty, Robert L. Young
William & Mary Bill of Rights Journal
This Paper explores the impact of the belief structure among white fundamentalist denominations on the support for the death penalty. Professor Robert L. Young observes that the tenets of fundamentalism, as well as the great extent that fundamentalists conform to the positions of their clergy, support this link between fundamentalism and a punitive orientation toward wrongdoers. Professor Young explains that members in white fundamentalist churches, to a greater extent than others, are inclined toward a negative view of human nature, which in turn leads to the belief that letting the guilty go free is a more serious mistake than convicting …
The Importance Of Getting Names Right: The Myth Of Markets For Water, Joseph W. Dellapenna
The Importance Of Getting Names Right: The Myth Of Markets For Water, Joseph W. Dellapenna
William & Mary Environmental Law and Policy Review
No abstract provided.
Restoring Polluted Waters With Public Values, Wendy E. Wagner
Restoring Polluted Waters With Public Values, Wendy E. Wagner
William & Mary Environmental Law and Policy Review
No abstract provided.
The Changing Political Landscape Of Hydropwer Project Relicensing, Sarah C. Richardson
The Changing Political Landscape Of Hydropwer Project Relicensing, Sarah C. Richardson
William & Mary Environmental Law and Policy Review
No abstract provided.
Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow
Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow
William & Mary Law Review
No abstract provided.
Are You Breaking Some Sort Of Law?: Protecting An Employee's Informal Complaints Under The Fair Labor Standards Act's Anti-Retaliation Provision, Jennifer Lynne Redmond
Are You Breaking Some Sort Of Law?: Protecting An Employee's Informal Complaints Under The Fair Labor Standards Act's Anti-Retaliation Provision, Jennifer Lynne Redmond
William & Mary Law Review
No abstract provided.
The Stalwart Donaldson, W. Taylor Reveley Iii
The Stalwart Donaldson, W. Taylor Reveley Iii
William & Mary Law Review
No abstract provided.
Donaldson Tribute, Davis Y. Paschall
John Donaldson: Law Reformer, Jayne W. Barnard
John Donaldson: Law Reformer, Jayne W. Barnard
William & Mary Law Review
No abstract provided.
John E. Donaldson - Integrity, Sensitivity, And Contribution: A Living Citizen Lawyer, Mark S. Dray
John E. Donaldson - Integrity, Sensitivity, And Contribution: A Living Citizen Lawyer, Mark S. Dray
William & Mary Law Review
No abstract provided.
The Myth Of Extraconstitutional Foreign Affairs Power, Michael D. Ramsey
The Myth Of Extraconstitutional Foreign Affairs Power, Michael D. Ramsey
William & Mary Law Review
No abstract provided.
Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter
Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter
William & Mary Journal of Race, Gender, and Social Justice
This Article examines recent efforts to enact civil rights statutes for transgender people in the United States. Part I provides an overview of the largely negative case law on the issue of whether transgender people are protected under existing sex, sexual orientation or disability discrimination laws. This context is provided, in part, to explain why transgender rights advocates have turned to the legislative branches of government to secure basic civil rights protections. Part II describes the initial successes that have been achieved as a result of this new focus on political activism and legislation. Part III examines the actual statutory …