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Articles 1 - 12 of 12

Full-Text Articles in Law

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 …


Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf Dec 2012

Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf

William & Mary Law Review

No abstract provided.


The Common Law Genius Of The Warren Court, David A. Strauss Dec 2007

The Common Law Genius Of The Warren Court, David A. Strauss

William & Mary Law Review

The Warren Court's most important decisions-on school segregation, reapportionment, free speech, and criminal procedure are firmly entrenched in the law. But the idea persists, even among those who are sympathetic to the results that the Warren Court reached, that what the Warren Court was doing was somehow not really law: that the Warren Court "made it up," and that the important Warren Court decisions cannot be justified by reference to conventional legal materials. It is true that the Warren Court's most important decisions cannot be easily justified on the basis of the text of the Constitution or the original understandings. …


Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried May 1999

Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried

William & Mary Law Review

No abstract provided.


Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger May 1999

Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger

William & Mary Law Review

No abstract provided.


The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger May 1999

The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger

William & Mary Law Review

No abstract provided.


A Vision Of The Exchange, Loren A. Smith May 1986

A Vision Of The Exchange, Loren A. Smith

William & Mary Law Review

No abstract provided.


The Seventh Anglo-American Exchange, Nigel Bridge May 1986

The Seventh Anglo-American Exchange, Nigel Bridge

William & Mary Law Review

No abstract provided.


The Anglo-American Exchange: Our Spiritual Cousinage, Warren E. Burger May 1986

The Anglo-American Exchange: Our Spiritual Cousinage, Warren E. Burger

William & Mary Law Review

No abstract provided.


U.C.C. Section 2-403: A Reform In Need Of Reform, Katherine F. Jillson Mar 1979

U.C.C. Section 2-403: A Reform In Need Of Reform, Katherine F. Jillson

William & Mary Law Review

No abstract provided.


Book Review Of Comparative Constitutional Process, William F. Swindler Oct 1969

Book Review Of Comparative Constitutional Process, William F. Swindler

William & Mary Law Review

No abstract provided.


Legal Philosophy - Recent Contributions, Neil W. Schilke Oct 1961

Legal Philosophy - Recent Contributions, Neil W. Schilke

William & Mary Law Review

No abstract provided.