Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

William & Mary Law School

Journal

2016

Discipline
Keyword
Publication

Articles 1 - 30 of 157

Full-Text Articles in Law

The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand Dec 2016

The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand

William & Mary Bill of Rights Journal

No abstract provided.


Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard Dec 2016

Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard

William & Mary Bill of Rights Journal

No abstract provided.


The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker Dec 2016

The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker

William & Mary Bill of Rights Journal

No abstract provided.


Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey Dec 2016

Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey

William & Mary Bill of Rights Journal

No abstract provided.


Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross Dec 2016

Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross

William & Mary Bill of Rights Journal

No abstract provided.


The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson Dec 2016

The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson

William & Mary Bill of Rights Journal

No abstract provided.


The Flawed Reasoning Behind Johnson V. United States And A Solution: Why A Facts-Based Approach Should Have Been Used To Interpret The Residual Clause Of The Armed Career Criminal Act, Jake Albert Dec 2016

The Flawed Reasoning Behind Johnson V. United States And A Solution: Why A Facts-Based Approach Should Have Been Used To Interpret The Residual Clause Of The Armed Career Criminal Act, Jake Albert

William & Mary Bill of Rights Journal

No abstract provided.


Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp Dec 2016

Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp

William & Mary Bill of Rights Journal

No abstract provided.


Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry Dec 2016

Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry

William & Mary Bill of Rights Journal

No abstract provided.


Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr. Dec 2016

Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr.

William & Mary Bill of Rights Journal

No abstract provided.


The Church And Magna Carta, R. H. Helmholz Dec 2016

The Church And Magna Carta, R. H. Helmholz

William & Mary Bill of Rights Journal

No abstract provided.


Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney Dec 2016

Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney

William & Mary Bill of Rights Journal

No abstract provided.


Putting The Illegal Wildlife Trade In The Crosshairs: How The Global Conservation Crisis Demonstrates The Need For Lacey Act Enforcement Of Foreign Laws, Jonathan Gonzalez Nov 2016

Putting The Illegal Wildlife Trade In The Crosshairs: How The Global Conservation Crisis Demonstrates The Need For Lacey Act Enforcement Of Foreign Laws, Jonathan Gonzalez

William & Mary Environmental Law and Policy Review

No abstract provided.


Tweet Upon A Star: Organic Brand Engagement With Celebrities On Social Media Platforms, Kristin M. Adams Nov 2016

Tweet Upon A Star: Organic Brand Engagement With Celebrities On Social Media Platforms, Kristin M. Adams

William & Mary Business Law Review

Social media is a rapidly evolving form of digital communication in the modern age. Brands continue to focus increasing resources on garnering consumer attention on social media platforms and are demanding measurable results from agencies or internal social media marketing teams. To both increase and demonstrate the value of a brand’s social media presence, many companies are engaging in behaviors that entail riskier legal strategies. Perhaps the most substantial legal land mine is “real-time content,” in which brands create and post content on vastly accelerated timelines with truncated legal approval processes in order to interact meaningfully with consumers. This Note …


More Than Just A Toothache? N.C. Dental Leaves Medical Boards Vulnerable: A Look At Telemedicine Companies And Antitrust Challenges To State Prescription Drug Rules, Alexander R. Kalyniuk Nov 2016

More Than Just A Toothache? N.C. Dental Leaves Medical Boards Vulnerable: A Look At Telemedicine Companies And Antitrust Challenges To State Prescription Drug Rules, Alexander R. Kalyniuk

William & Mary Business Law Review

Encouraged by technological advancements and favorable provisions within the Affordable Care Act, telemedicine companies that offer online doctor visits are thriving in the health care industry. Online doctor visits are a relatively new and cost-efficient method to provide medical care over long distances that do not require patients to step outside their homes. However, many state medical board scope-of-practice rules prohibit physicians from prescribing medications without an in-person physical examination of the patient, which impedes telemedicine companies from offering their online services in those states. To circumvent this barrier, telemedicine companies may have a prima facie case under § 1 …


When States’ Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson Nov 2016

When States’ Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson

William & Mary Environmental Law and Policy Review

This Article explores the nationally common problem of tension and conflict among state oil and gas statutes, constitutional home rule, and local control by considering intersections and tensions among the Ohio Constitution’s home rule authority, the Ohio oil and gas law’s preemption provision, and the many regulatory efforts of Ohio’s local governments. It explores the scope of the Ohio Constitution’s home rule authority, in part, by evaluating courts’ statements on the validity of several types of local ordinances, as they confront home rule and a legislative attempt at preemption. Types of local ordinances evaluated include those that prohibit or ban …


Thorium’S Glow: Lighting The Way For Safe, Cheap Energy Production, Zachary Hawari Nov 2016

Thorium’S Glow: Lighting The Way For Safe, Cheap Energy Production, Zachary Hawari

William & Mary Environmental Law and Policy Review

No abstract provided.


Plan Ej 2014: Fact Or Fiction? A Critique Of The Obama Administration’S Efforts On Environmental Justice, Jeanne Zokovitch Paben Nov 2016

Plan Ej 2014: Fact Or Fiction? A Critique Of The Obama Administration’S Efforts On Environmental Justice, Jeanne Zokovitch Paben

William & Mary Environmental Law and Policy Review

As President Obama’s tenure in office draws to a close, environmental injustices continue to proliferate in communities across this country. During the Obama Administration, there has been a strong government voice on combating these injustices, yet under their watch we see travesties like Flint, Michigan. Flint is the latest example of how our laws and government processes are not only inadequate in protecting overburdened communities, but also how they are complicit in perpetuating harm. This Article aims to answer how that happens, first, by cataloging the environmental justice efforts under the Obama Administration, most notably through Plan EJ 2014, then …


The Wind Blows In Virginia Too—Deconstructing Legal And Regulatory Barriers To The Development Of Onshore, Utility-Scale Wind Energy In Virginia, Mark L. (Buzz) Belleville Nov 2016

The Wind Blows In Virginia Too—Deconstructing Legal And Regulatory Barriers To The Development Of Onshore, Utility-Scale Wind Energy In Virginia, Mark L. (Buzz) Belleville

William & Mary Environmental Law and Policy Review

No abstract provided.


Introduction, Kate Price Nov 2016

Introduction, Kate Price

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele Nov 2016

Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele

William & Mary Journal of Race, Gender, and Social Justice

This Article first focuses on the history of CSEC (commercially sexually exploited children) legislation in the United States by contextualizing the history of state anti-trafficking laws within the larger anti-trafficking policy framework of federal U.S. statutes and United Nations’ (U.N.) protocols. The second and third sections address the variables, statistical model, and results of our data analysis. The fourth section discusses the implications of these findings. The Article concludes with practical considerations for future CSEC legislative efforts on the state level.


License To Abuse: Confronting Coach-Inflicted Sexual Assault In American Olympic Sports, Haley O. Morton Nov 2016

License To Abuse: Confronting Coach-Inflicted Sexual Assault In American Olympic Sports, Haley O. Morton

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Creative Capitalism And Human Trafficking: A Business Approach To Eliminate Forced Labor And Human Trafficking From Global Supply Chains, Dana Raigrodski Nov 2016

Creative Capitalism And Human Trafficking: A Business Approach To Eliminate Forced Labor And Human Trafficking From Global Supply Chains, Dana Raigrodski

William & Mary Business Law Review

A great amount of revenue generated by businesses in the global economy can be linked to the trafficking and enslavement of human beings. Yet, the current discourse on human trafficking fails to recognize the magnitude of benefit consumers, businesses, and economies gain from the work of forced and trafficked labor. Moreover, the limited efforts that seek to address this situation have focused on ways to encourage businesses to voluntarily adopt more socially responsible practices. These measures have had only limited success, and are generally believed to be in tension with the for-profit purposes of businesses. Hence, the task of convincing …


When Sex Trafficking Victims Turn Eighteen: The Problematic Focus On Force, Fraud, And Coercion In U.S. Human Trafficking Laws, Julianne Siegfriedt Nov 2016

When Sex Trafficking Victims Turn Eighteen: The Problematic Focus On Force, Fraud, And Coercion In U.S. Human Trafficking Laws, Julianne Siegfriedt

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Sex Workers And Human Rights: A Critical Analysis Of Laws Regarding Sex Work, Rachel Marshall Nov 2016

Sex Workers And Human Rights: A Critical Analysis Of Laws Regarding Sex Work, Rachel Marshall

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


White Slavery In The Northwoods: Early U.S. Anti–Sex Trafficking And Its Continuing Relevance To Trafficking Reform, Bonnie Shucha Nov 2016

White Slavery In The Northwoods: Early U.S. Anti–Sex Trafficking And Its Continuing Relevance To Trafficking Reform, Bonnie Shucha

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan Nov 2016

Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Waging War On The Rising Seas: Fashioning A Comprehensive Approach To Combating The Effects Of Sea Level Rise On Hampton Roads, Virginia Military Installations Under Existing Frameworks, Paul Hawkins Nov 2016

Waging War On The Rising Seas: Fashioning A Comprehensive Approach To Combating The Effects Of Sea Level Rise On Hampton Roads, Virginia Military Installations Under Existing Frameworks, Paul Hawkins

William & Mary Environmental Law and Policy Review

No abstract provided.


Outside A Black Box: Court And Regulatory Review Of Investment Valuations Of Hard-To-Value Securities, Salvatore Massa Nov 2016

Outside A Black Box: Court And Regulatory Review Of Investment Valuations Of Hard-To-Value Securities, Salvatore Massa

William & Mary Business Law Review

Valuation is a critical function of investment advisers that has significant implications for both clients and advisers. One potential risk associated with valuation is that an investment adviser may abuse its position in valuing portfolio assets to accrue higher management and incentive fees to the detriment of clients. Although the valuation function may be viewed as an objective exercise, adviser valuations become subject to greater levels of discretion for hard-to-value securities, making determinations of adviser abuse less clear. Depending on the transparency of the adviser, the valuation process itself may become a black box to the client. Securities and Exchange …


The Common Law Of War, Jens David Ohlin Nov 2016

The Common Law Of War, Jens David Ohlin

William & Mary Law Review

In recent litigation before U.S. federal courts, the government has argued that military commissions have jurisdiction to prosecute offenses against the “common law of war,” which the government defines as a body of domestic offenses, such as inchoate conspiracy, that violate the American law of war. This Article challenges that definition by arguing that stray references to the term “common law of war” in historical materials meant something completely different. By examining the Lieber Code, the writings of early natural law theorists, and early American judicial decisions, this Article concludes that the “common law of war” referred to a branch …