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Articles 61 - 90 of 135
Full-Text Articles in Law
Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 5: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 3: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Rule 609 And The Frustratingly Unkillable Five-Factor Mahone Framework, Jeffrey Bellin
Rule 609 And The Frustratingly Unkillable Five-Factor Mahone Framework, Jeffrey Bellin
Popular Media
No abstract provided.
Introduction: Comparative Property Rights, Lynda L. Butler
Introduction: Comparative Property Rights, Lynda L. Butler
Faculty Publications
No abstract provided.
Foreword, Judith M. Barzilay
Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker
Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker
Faculty Publications
This article explores the relationship between the Americans with Disabilities Act (ADA) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (PSID), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7,120 unique male household heads between the ages of 21 and 65, as well as for a subset of 1,437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests …
The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann
The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann
Faculty Publications
Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task reserved to others. Reputation is fundamentally a social concept; it does not exist until a community collectively forms a judgment about an individual or firm that has the potential to guide the community’s future interactions. Despite reputation’s relational nature, discussions of the law’s interest in reputation tend to focus on one of two parties: the individual or …
Bargaining Inside The Black Box, Allison Orr Larsen
Bargaining Inside The Black Box, Allison Orr Larsen
Faculty Publications
When jurors are presented with a menu of criminal verdict options and they cannot reach a consensus among them, what should they do? Available evidence suggests they are prone to compromise—that is, jurors will negotiate with each other and settle on a verdict in the middle, often on a lesser-included offense. The suggestion that jurors compromise is not new; it is supported by empirical evidence, well-accepted by courts and commentators, and unsurprising given the pressure jurors feel to reach agreement and the different individual views they likely hold. There are, however, some who say intrajury negotiation represents a failure of …
Librarians Can Improve Law Journal Publishing, Benjamin J. Keele, Michelle Pearse
Librarians Can Improve Law Journal Publishing, Benjamin J. Keele, Michelle Pearse
Library Staff Publications
No abstract provided.
Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman
Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman
Popular Media
No abstract provided.
Book Review Of Research Handbook On The Protection Of Intellectual Property Under Wto Rules And Research Handbook On The Interpretation And Enforcement Of Intellectual Property Under Wto Rules, Benjamin J. Keele
Library Staff Publications
No abstract provided.
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord
Faculty Publications
No abstract provided.
Widening Batson's Net To Ensnare More Than The Unapologetically Bigoted Or Painfully Unimaginative Attorney, Jeffrey Bellin, Junichi P. Semitsu
Widening Batson's Net To Ensnare More Than The Unapologetically Bigoted Or Painfully Unimaginative Attorney, Jeffrey Bellin, Junichi P. Semitsu
Faculty Publications
In Snyder v. Louisiana, the Supreme Court reaffirmed its commitment to rooting out racially discriminatory jury selection and its belief that the three-step framework established in Batson v. Kentucky is capable of unearthing racially discriminatory peremptory strikes. Yet the Court left in place the talismanic protection available to those who might misuse the peremptory challenge—the unbounded collection of justifications that courts, including the Supreme Court, accept as “race neutral.”
To evaluate the Court’s continuing faith in Batson, we conducted a survey of all federal published and unpublished judicial decisions issued in this first decade of the new millennium (2000–2009) that …
Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford
Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford
Faculty Publications
No abstract provided.
Particularism, Telishment, And Three Strikes Laws, Michael S. Green
Particularism, Telishment, And Three Strikes Laws, Michael S. Green
Popular Media
No abstract provided.
“Going Green” The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
“Going Green” The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
W&M Law Student Publications
This Article explores the constitutionality of green building laws that require developers to comply with the sustainable construction rating system promulgated by the United States Green Building Council ("USGBC"), a private, non-governmental interest group. The Article reviews how the USGBC creates the standards for its rating system and then modifies these standards without gaining approval from any governmental body, thereby changing the legal rules with which private citizens and constructors must comply. The Article argues that, because the USGBC can unilaterally change the law, many green building policies undermine political accountability and violate the doctrine of nondelegation. The Article concludes …
The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl
The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
The Rule Of Lenity As A Rule Of Federalism, Aaron-Andrew P. Bruhl
The Rule Of Lenity As A Rule Of Federalism, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl
How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Responding To The Loss Of An En Banc Quorum (Update: Prawfsblawg Gets Results!?), Aaron-Andrew P. Bruhl
Responding To The Loss Of An En Banc Quorum (Update: Prawfsblawg Gets Results!?), Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Deferring To Agency Amicus Briefs That Present New Guidance, Aaron-Andrew P. Bruhl
Deferring To Agency Amicus Briefs That Present New Guidance, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
At&T'S Long Game On Unconscionability, Aaron-Andrew P. Bruhl
At&T'S Long Game On Unconscionability, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
At&T V. Concepcion And Adherence To Minority Views, Aaron-Andrew P. Bruhl
At&T V. Concepcion And Adherence To Minority Views, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
Faculty Publications
This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …
The Senate: Out Of Order?, Aaron-Andrew P. Bruhl
The Senate: Out Of Order?, Aaron-Andrew P. Bruhl
Faculty Publications
Due to the routine use of the filibuster and related devices, today’s Senate operates as a supermajoritarian body. This Symposium Article considers whether this supermajoritarian aspect of the Senate renders it dysfunctional and, if so, what can be done about it. I contend that the Senate is indeed broken. Its current supermajoritarian features have pernicious effects. Further, and contrary to the claims of many of the Senate’s defenders, this aspect of the Senate is not part of the original design. I go on to explain why the Senate’s procedures, despite their deficiencies, have nonetheless proven resistant to reform. The impediment …
Password Protected? Can A Password Save Your Cell Phone From A Search Incident To Arrest?, Adam M. Gershowitz
Password Protected? Can A Password Save Your Cell Phone From A Search Incident To Arrest?, Adam M. Gershowitz
Faculty Publications
Over the last few years, dozens of courts have authorized police to conduct warrantless searches of cell phones when arresting individuals. Under the “search incident to arrest” doctrine, police are free to search text messages, call histories, photos, voicemails, and a host of other data if they arrest an individual and remove a cell phone from his pocket. Given that courts have offered little protection against cell-phone searches, this Article explores whether individuals can protect themselves by password protecting their phones. The Article concludes, unfortunately, that password protecting a cell phone offers minimal legal protection when an individual is lawfully …
Responsibility To Protect, Libya To Japan, Linda A. Malone
Responsibility To Protect, Libya To Japan, Linda A. Malone
Popular Media
No abstract provided.