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

Law Commons

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

Articles 31 - 60 of 165

Full-Text Articles in Law

Seizing A Cell Phone Incident To Arrest: Data Extraction Devices, Faraday Bags, Or Aluminum Foil As A Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz Dec 2013

Seizing A Cell Phone Incident To Arrest: Data Extraction Devices, Faraday Bags, Or Aluminum Foil As A Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz

William & Mary Bill of Rights Journal

No abstract provided.


Dicta, Schmicta: Theory Versus Practice In Lower Court Decision Making, David Klein, Neal Devins May 2013

Dicta, Schmicta: Theory Versus Practice In Lower Court Decision Making, David Klein, Neal Devins

William & Mary Law Review

The distinction between dictum and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dictum. Specifically, federal courts of appeals meaningfully invoke the distinction in about 1 in 4000 cases; federal district courts in about 1 in 2000 cases; and state courts in about 1 in 4000 cases. In this Essay, we report these findings, describe our coding system, and offer a preliminary assessment …


Law's Dark Matter, Michael S. Green Feb 2013

Law's Dark Matter, Michael S. Green

William & Mary Law Review

No abstract provided.


Introduction: Noncitizen Participation In The American Polity, Angela M. Banks Dec 2012

Introduction: Noncitizen Participation In The American Polity, Angela M. Banks

William & Mary Bill of Rights Journal

No abstract provided.


Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins Mar 2012

Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins

William & Mary Law Review

There is a vast and growing cause lawyering literature demonstrating how attorneys and their relationship to social justice movements matter greatly for law’s ability to engender progress. But to date, there has been no examination of the work of ADA disability cause lawyers as cause lawyers. Similarly, despite an extensive literature focused on the ADA’s revolutionary civil rights aspects and the manner in which the Supreme Court’s interpretation of that statute has stymied potential transformation of American society, no academic accounts of disability law have focused on the lawyers who bring these cases. This Article responds to these scholarly voids. …


Introduction, Jayne W. Barnard Dec 2011

Introduction, Jayne W. Barnard

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

No abstract provided.


Wage Taxes And Compensating S Corporation Officers And Members Of Llcs And Llps, John W. Lee Nov 2011

Wage Taxes And Compensating S Corporation Officers And Members Of Llcs And Llps, John W. Lee

William & Mary Annual Tax Conference

No abstract provided.


At The Intersection Of Corporate Governance And Environmental Sustainability, Jayne W. Barnard Apr 2011

At The Intersection Of Corporate Governance And Environmental Sustainability, Jayne W. Barnard

William & Mary Business Law Review

Most boards of public companies have learned to live comfortably with audit committees, nominating committees, and compensation committees. An increasing number of companies are now also creating risk-management committees. This Essay explores the early stages of development of yet another board-level committee: the sustainability committee. The Essay posits several advantages to having a board-level sustainability committee and identifies possible sources of pressure for the creation of more such committees. It also suggests some of the disadvantages of sustainability committees and cautions against cosmetic governance reform. By examining what we know today (and can imagine tomorrow) about sustainability committees, this Essay …


Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton May 2010

Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton

William & Mary Bill of Rights Journal

No abstract provided.


Introduction: The Boundaries Of Intellectual Property Symposium, I. Trotter Hardy Nov 2009

Introduction: The Boundaries Of Intellectual Property Symposium, I. Trotter Hardy

William & Mary Law Review

No abstract provided.


How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann Nov 2009

How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann

William & Mary Law Review

No abstract provided.


Book Review Of The Supreme Court: An Essential History, Leslie A. Street Apr 2009

Book Review Of The Supreme Court: An Essential History, Leslie A. Street

Library Staff Publications

No abstract provided.


The Citizen Lawyer, W. Taylor Reveley Iii Mar 2009

The Citizen Lawyer, W. Taylor Reveley Iii

William & Mary Law Review

No abstract provided.


Introduction: How We Vote: Electronic Voting And Other Voting Practices In The United States, Davison M. Douglas Dec 2008

Introduction: How We Vote: Electronic Voting And Other Voting Practices In The United States, Davison M. Douglas

William & Mary Bill of Rights Journal

No abstract provided.


Making Renewable Energy A Reality-Finding Ways To Site Wind Power Facilities, Ronald H. Rosenberg Apr 2008

Making Renewable Energy A Reality-Finding Ways To Site Wind Power Facilities, Ronald H. Rosenberg

William & Mary Environmental Law and Policy Review

No abstract provided.


Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks Mar 2008

Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks

William & Mary Law Review

No abstract provided.


Signing Statements And Divided Government, Neal Devins Oct 2007

Signing Statements And Divided Government, Neal Devins

William & Mary Bill of Rights Journal

No abstract provided.


Pretty Woman Meets The Man Who Wears The Star: Fair Use After Campbell V. Acuff-Rose Music And American Geophysical Union V. Texaco, Anne E. Forkner, James S. Heller, Patrick F. Speice Jr. Jul 2007

Pretty Woman Meets The Man Who Wears The Star: Fair Use After Campbell V. Acuff-Rose Music And American Geophysical Union V. Texaco, Anne E. Forkner, James S. Heller, Patrick F. Speice Jr.

Library Staff Publications

No abstract provided.


Introductory Remarks: Criminal Law Panel, Cynthia V. Ward Apr 2007

Introductory Remarks: Criminal Law Panel, Cynthia V. Ward

William & Mary Law Review

No abstract provided.


Introductory Remarks: Contract Law And Morality, Nathan B. Oman Apr 2007

Introductory Remarks: Contract Law And Morality, Nathan B. Oman

William & Mary Law Review

No abstract provided.


Introductory Remarks: Property Law, James G. Dwyer Apr 2007

Introductory Remarks: Property Law, James G. Dwyer

William & Mary Law Review

No abstract provided.


Introductory Remarks: Explaining Tort Law, Michael S. Green Apr 2007

Introductory Remarks: Explaining Tort Law, Michael S. Green

William & Mary Law Review

No abstract provided.


More Women On Corporate Boards? Not So Fast, Jayne W. Barnard Apr 2007

More Women On Corporate Boards? Not So Fast, Jayne W. Barnard

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

No abstract provided.


The Moral Impossibility Of Contract, Peter A. Alces Apr 2007

The Moral Impossibility Of Contract, Peter A. Alces

William & Mary Law Review

No abstract provided.


Corporate Boards And New Environmentalism, Jayne W. Barnard Feb 2007

Corporate Boards And New Environmentalism, Jayne W. Barnard

William & Mary Environmental Law and Policy Review

No abstract provided.


Opportunities And Pitfalls Under Sections 351 And 721 (Slides), Craig L. Rascoe, William M. Richardson Jan 2007

Opportunities And Pitfalls Under Sections 351 And 721 (Slides), Craig L. Rascoe, William M. Richardson

William & Mary Annual Tax Conference

No abstract provided.


Opportunities And Pitfalls Under Sections 351 And 721, Craig L. Rascoe, William M. Richardson Jan 2007

Opportunities And Pitfalls Under Sections 351 And 721, Craig L. Rascoe, William M. Richardson

William & Mary Annual Tax Conference

No abstract provided.


Introduction To The Symposium: Corporate Governance And Environmental Best Practices, Jayne W. Barnard Oct 2006

Introduction To The Symposium: Corporate Governance And Environmental Best Practices, Jayne W. Barnard

William & Mary Environmental Law and Policy Review

No abstract provided.


Foreword: Disabling Brown, Michael Ashley Stein Apr 2006

Foreword: Disabling Brown, Michael Ashley Stein

William & Mary Bill of Rights Journal

No abstract provided.


Women And War, Linda A. Malone Feb 2006

Women And War, Linda A. Malone

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

No abstract provided.