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William & Mary Law School

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2011

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Articles 31 - 60 of 135

Full-Text Articles in Law

Public Protest 1.0, Timothy Zick Oct 2011

Public Protest 1.0, Timothy Zick

Popular Media

No abstract provided.


More On The Impeachment Of Criminal Defendants, Jeffrey Bellin Oct 2011

More On The Impeachment Of Criminal Defendants, Jeffrey Bellin

Popular Media

No abstract provided.


Our Exceptional Constitution, Timothy Zick Oct 2011

Our Exceptional Constitution, Timothy Zick

Popular Media

No abstract provided.


Trans-Border Exclusion And Execution, Timothy Zick Oct 2011

Trans-Border Exclusion And Execution, Timothy Zick

Popular Media

No abstract provided.


Sustaining A Movement, Timothy Zick Oct 2011

Sustaining A Movement, Timothy Zick

Popular Media

No abstract provided.


Kennedy V. Plan Administrator For Dupont Savings & Investment Plan: Anti-Alienation And Anti-Cutback Rules, Christina Payne-Tsoupros Oct 2011

Kennedy V. Plan Administrator For Dupont Savings & Investment Plan: Anti-Alienation And Anti-Cutback Rules, Christina Payne-Tsoupros

W&M Law Student Publications

No abstract provided.


Following You Here, There, And Everytwhere: An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, Stephanie Gaylord Forbes Oct 2011

Following You Here, There, And Everytwhere: An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, Stephanie Gaylord Forbes

W&M Law Student Publications

No abstract provided.


More On The Future Of Present Sense Impressions, Jeffrey Bellin Oct 2011

More On The Future Of Present Sense Impressions, Jeffrey Bellin

Popular Media

No abstract provided.


The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer Oct 2011

The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer

Faculty Publications

Although the Constitution vests the "Judicial Power" of the United States in the Supreme Court and in any inferior courts that Congress establishes, both Congress and the Court have long propounded the traditional view that the inferior courts may be deprived cognizance of some of the cases and controversies that fall within that power. Is this view fully consonant with the history and text of Article III? One possible reading of those sources suggests that the Constitution vests the full Judicial Power of the United States in the inferior federal courts, directly extending to them jurisdiction over matters that Congress …


Remarks Of William Van Alstyne On The Brandenburg Panel, William W. Van Alstyne Oct 2011

Remarks Of William Van Alstyne On The Brandenburg Panel, William W. Van Alstyne

Faculty Publications

No abstract provided.


Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons Oct 2011

Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons

Faculty Publications

Remedying an elusive practice such as racial profiling remains a challenging issue for the judiciary and reformers must rely on other avenues for a solution. For example, even where evidence demonstrates that minorities are disproportionately stopped and searched, courts rarely recognize the victim's claim or provide relief. Thus, it is clear that courts will not be the catalysts of change. This Article argues that while courts may be reluctant to provide judicial remedies, police departments themselves should not ignore [minorities'] perceptions [of racial discrimination] and should take measures to reduce any possible profiling and increase partnerships with communities. An indication …


Free Websites For Virginia Legal Research, Paul Hellyer Oct 2011

Free Websites For Virginia Legal Research, Paul Hellyer

Library Staff Publications

It’s no secret that free websites give away content sold by high-cost subscription databases, but you might not know how useful free sites are. If you think there’s always a trade-off between cost and quality, think again. Some free resources for Virginia legal research are as good as—or better than—subscription sites. And some free resources aren’t quite as good as what you can buy, but are an option.


When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle Oct 2011

When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle

Faculty Publications

No abstract provided.


Why There Is No Duty To Pay Damages: Powers, Duties, And Private Law, Nathan B. Oman Oct 2011

Why There Is No Duty To Pay Damages: Powers, Duties, And Private Law, Nathan B. Oman

Faculty Publications

This Article was part of a symposium on the rise of civil recourse theory. It contributes to this debate by defending a simple but counterintuitive claim: There is no duty to pay damages in either tort or contract law. The absence of such a duty provides a reason for believing that civil recourse provides a better account of private law than does corrective justice. Corrective justice is committed to interpreting private law as creating duties for wrongdoers to compensate their victims. In contrast, civil recourse sees the law as empowering plaintiffs against defendants. My argument is that a careful analysis …


Civil Recourse As Social Equality, Jason M. Solomon Oct 2011

Civil Recourse As Social Equality, Jason M. Solomon

Faculty Publications

No abstract provided.


The Honor Of Private Law, Nathan B. Oman Oct 2011

The Honor Of Private Law, Nathan B. Oman

Faculty Publications

While combativeness is central to how our culture both experiences and conceptualizes litigation, we generally notice it only as a regrettable cost. This Article offers a less squeamish vision, one that sees in the struggle of people suing one another a morally valuable activity: the vindication of insulted honor. This claim is offered as a normative defense of a civil recourse approach to private law. According to civil recourse theorists, tort and contract law should be seen as empowering plaintiffs to act against defendants, rather than as economically optimal incentives or as a means of enforcing duties of corrective justice. …


Pepper-Spraying Of Wall Street Protesters Under Investigation, Timothy Zick Sep 2011

Pepper-Spraying Of Wall Street Protesters Under Investigation, Timothy Zick

Popular Media

No abstract provided.


More On The Wall Street Protest, Timothy Zick Sep 2011

More On The Wall Street Protest, Timothy Zick

Popular Media

No abstract provided.


The Usefulness Of . . . Evidence, Jeffrey Bellin Sep 2011

The Usefulness Of . . . Evidence, Jeffrey Bellin

Popular Media

No abstract provided.


Arab Spring On Wall Street?, Timothy Zick Sep 2011

Arab Spring On Wall Street?, Timothy Zick

Popular Media

No abstract provided.


Cosmopolitanism And First Amendment Exceptionalism, Timothy Zick Sep 2011

Cosmopolitanism And First Amendment Exceptionalism, Timothy Zick

Popular Media

No abstract provided.


Exporting The First Amendment, Timothy Zick Sep 2011

Exporting The First Amendment, Timothy Zick

Popular Media

No abstract provided.


First Amendment Cosmopolitanism, Timothy Zick Sep 2011

First Amendment Cosmopolitanism, Timothy Zick

Popular Media

No abstract provided.


The Evidentiary Significance Of “Tweets,” Texts And Status Updates (Starring Justin Bieber), Jeffrey Bellin Sep 2011

The Evidentiary Significance Of “Tweets,” Texts And Status Updates (Starring Justin Bieber), Jeffrey Bellin

Popular Media

No abstract provided.


Scamlaw And The Macroeconomy, Alan J. Meese Sep 2011

Scamlaw And The Macroeconomy, Alan J. Meese

Popular Media

No abstract provided.


The First Amendment’S Trans-Border Dimension, Timothy Zick Sep 2011

The First Amendment’S Trans-Border Dimension, Timothy Zick

Popular Media

No abstract provided.


New Faces Of The First Amendment: The Philosopher, The Pastor, And The Publisher, Timothy Zick Sep 2011

New Faces Of The First Amendment: The Philosopher, The Pastor, And The Publisher, Timothy Zick

Popular Media

No abstract provided.


The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick Sep 2011

The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick

Popular Media

No abstract provided.


Section 1: Moot Court: United States V. Jones, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2011

Section 1: Moot Court: United States V. Jones, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 2: Structure, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2011

Section 2: Structure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.