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Articles 1 - 30 of 118
Full-Text Articles in Law
Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor
Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor
William & Mary Environmental Law and Policy Review
No abstract provided.
Sacrifice And Sacred Honor: Why The Constitution Is A "Suicide Pact", Peter Brandon Bayer
Sacrifice And Sacred Honor: Why The Constitution Is A "Suicide Pact", Peter Brandon Bayer
William & Mary Bill of Rights Journal
Most legal scholars and elected officials embrace the popular cliché that “the Constitution is not a suicide pact.” Typically, those commentators extol the “Constitution of necessity,” the supposition that Government, essentially the Executive, may take any action—may abridge or deny any fundamental right—to alleviate a sufficiently serious national security threat. The “Constitution of necessity” is wrong. This Article explains that strict devotion to the “fundamental fairness” principles of the Constitution’s Due Process Clauses is America’s utmost legal and moral duty, surpassing all other considerations, even safety, security and survival.
The analysis begins with the most basic premises: the definition of …
Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann
Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann
William & Mary Environmental Law and Policy Review
No abstract provided.
Here Comes The Sun: Solar Power Parity With Fossil Fuels, Nathan Mee, Marc Miller
Here Comes The Sun: Solar Power Parity With Fossil Fuels, Nathan Mee, Marc Miller
William & Mary Environmental Law and Policy Review
There is wide agreement across the political spectrum that the United States should develop domestic, renewable sources of energy. There are many ways to describe the challenges of a transition from a fossil fuel economy to one fueled by atoms, the sun, or the wind, but in a nutshell, the problem is said to be cost: the basic reason the United States continues overwhelmingly to rely on fossil fuels is that they are comparatively cheap, and alternative energy is relatively expensive.
Or so it seems. This Article is intended to encourage more open discussion about real energy costs. To keep …
The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick
The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick
William & Mary Environmental Law and Policy Review
No abstract provided.
Why Gays Should Not Serve In The United States Armed Forces: A Gay Liberationist Statement Of Principle, Shannon Gilreath
Why Gays Should Not Serve In The United States Armed Forces: A Gay Liberationist Statement Of Principle, Shannon Gilreath
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke
Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters
The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus
The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction, Jayne W. Barnard
Introduction, Jayne W. Barnard
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer
"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Culture Matters: Cultural Differences In The Reporting Of Employment Discrimination Claims, Andrew Tae-Hyun Kim
Culture Matters: Cultural Differences In The Reporting Of Employment Discrimination Claims, Andrew Tae-Hyun Kim
William & Mary Bill of Rights Journal
Why don’t reasonable people complain about discrimination? Behavioral science evidence points to structural barriers, like the fear of retaliation and the lack of sociocultural power in the workplace, that discourage employees from reporting. By not reporting perceived discriminatory or harassing conduct, the employee not only underutilizes Title VII’s administrative scheme—which was created precisely to remedy and deter such conduct—but also incurs a heavy litigative cost in employer liability suits. This Article claims that for certain minority groups, namely Asian Americans, certain cultural differences significantly heighten those structural barriers and consequently leave them underprotected in the legal system. The Article locates …
Restoring "Life, Liberty, And The Pursuit Of Happiness" In Our Constitutional Jurisprudence: An Exercise In Legal History, Patrick J. Charles
Restoring "Life, Liberty, And The Pursuit Of Happiness" In Our Constitutional Jurisprudence: An Exercise In Legal History, Patrick J. Charles
William & Mary Bill of Rights Journal
No abstract provided.
All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh
All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh
William & Mary Bill of Rights Journal
No abstract provided.
Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino
Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino
William & Mary Bill of Rights Journal
Student expressive association on campus is a thorny thicket. Student affinity groups often choose to organize around a shared principle or characteristic of the groups’ members, which, by definition, makes those students different in some way from their peers. In order to preserve the group’s sense of uniqueness, these groups often then wish to control their own membership and voting policies. They feel, in essence, entitled to discriminate—a right arguably embodied by the First Amendment freedom of expressive association. When campus groups actually exercise this right, however, they run into university antidiscrimination policies, which can cost them official campus recognition. …
The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le
The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le
William & Mary Bill of Rights Journal
No abstract provided.
The Bp Deepwater Horizon: A Cautionary Tale For Ccs, Hydrofracking, Geoengineering And Other Emerging Technologies With Environmental And Human Health Risks, Mark A. Latham
William & Mary Environmental Law and Policy Review
This Article first discusses the technological issues surrounding the BP Deepwater Horizon and summarizes how regulator and industry reliance on an inadequate fail-safe device played a crucial role in this disaster. Next, I discuss the fundamentals of carbon capture and sequestration, hydraulic fracturing, and geoengineering; that is, I attempt to capture what they involve, followed by the environmental and human health risks they present. I then summarize the current or proposed regulation of these technologies and analyze whether those regulations are sufficient to adequately protect human health and the environment. I conclude with recommendations for policymakers and regulators to consider …
The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong
The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong
William & Mary Environmental Law and Policy Review
No abstract provided.
India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan
India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan
William & Mary Environmental Law and Policy Review
No abstract provided.
Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee
Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee
William & Mary Environmental Law and Policy Review
No abstract provided.
Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo
Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo
William & Mary Law Review
No abstract provided.
Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz
Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz
William & Mary Law Review
No abstract provided.
Globalization And Structure, Julian Ku, John Yoo
Globalization And Structure, Julian Ku, John Yoo
William & Mary Law Review
No abstract provided.
Contracting For Procedure, Kevin E. Davis, Helen Hershkoff
Contracting For Procedure, Kevin E. Davis, Helen Hershkoff
William & Mary Law Review
Judicial decisions of public courts increasingly are based on “contract procedure,” private rules of procedure that the parties draft and assent to before a dispute even has arisen. These rules govern such matters as the forum in which the proceeding will be conducted, whether a jury will be involved in adjudicating the dispute, the scope of rights of discovery, and rules of evidence. The practice deserves greater attention and should raise more profound concerns than the academic literature currently suggests. We argue that contract procedure operates as a form of privatization that effectively outsources government functions to private contracting parties. …
Is Legality Political?, Frederick Schauer
Is Legality Political?, Frederick Schauer
William & Mary Law Review
No abstract provided.
Tragic Rights: The Rights Critique In The Age Of Obama, Robin L. West
Tragic Rights: The Rights Critique In The Age Of Obama, Robin L. West
William & Mary Law Review
No abstract provided.
Laws For Learning In An Age Of Acceleration, John O. Mcginnis
Laws For Learning In An Age Of Acceleration, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Partisan Conflicts Over Presidential Authority, Jide Nzelibe
Partisan Conflicts Over Presidential Authority, Jide Nzelibe
William & Mary Law Review
No abstract provided.
Federalism Under Obama, Gillian E. Metzger
Federalism Under Obama, Gillian E. Metzger
William & Mary Law Review
No abstract provided.
Disparate Impact Realism, Amy L. Wax