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College of William & Mary Law School

Journal

2011

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Articles 1 - 30 of 118

Full-Text Articles in Law

The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong Dec 2011

The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong

William & Mary Environmental Law and Policy Review

No abstract provided.


Here Comes The Sun: Solar Power Parity With Fossil Fuels, Nathan Mee, Marc Miller Dec 2011

Here Comes The Sun: Solar Power Parity With Fossil Fuels, Nathan Mee, Marc Miller

William & Mary Environmental Law and Policy Review

There is wide agreement across the political spectrum that the United States should develop domestic, renewable sources of energy. There are many ways to describe the challenges of a transition from a fossil fuel economy to one fueled by atoms, the sun, or the wind, but in a nutshell, the problem is said to be cost: the basic reason the United States continues overwhelmingly to rely on fossil fuels is that they are comparatively cheap, and alternative energy is relatively expensive.

Or so it seems. This Article is intended to encourage more open discussion about real energy costs. To keep ...


Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor Dec 2011

Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor

William & Mary Environmental Law and Policy Review

No abstract provided.


Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann Dec 2011

Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann

William & Mary Environmental Law and Policy Review

No abstract provided.


Sacrifice And Sacred Honor: Why The Constitution Is A "Suicide Pact", Peter Brandon Bayer Dec 2011

Sacrifice And Sacred Honor: Why The Constitution Is A "Suicide Pact", Peter Brandon Bayer

William & Mary Bill of Rights Journal

Most legal scholars and elected officials embrace the popular cliché that “the Constitution is not a suicide pact.” Typically, those commentators extol the “Constitution of necessity,” the supposition that Government, essentially the Executive, may take any action—may abridge or deny any fundamental right—to alleviate a sufficiently serious national security threat. The “Constitution of necessity” is wrong. This Article explains that strict devotion to the “fundamental fairness” principles of the Constitution’s Due Process Clauses is America’s utmost legal and moral duty, surpassing all other considerations, even safety, security and survival.

The analysis begins with the most basic ...


Culture Matters: Cultural Differences In The Reporting Of Employment Discrimination Claims, Andrew Tae-Hyun Kim Dec 2011

Culture Matters: Cultural Differences In The Reporting Of Employment Discrimination Claims, Andrew Tae-Hyun Kim

William & Mary Bill of Rights Journal

Why don’t reasonable people complain about discrimination? Behavioral science evidence points to structural barriers, like the fear of retaliation and the lack of sociocultural power in the workplace, that discourage employees from reporting. By not reporting perceived discriminatory or harassing conduct, the employee not only underutilizes Title VII’s administrative scheme—which was created precisely to remedy and deter such conduct—but also incurs a heavy litigative cost in employer liability suits. This Article claims that for certain minority groups, namely Asian Americans, certain cultural differences significantly heighten those structural barriers and consequently leave them underprotected in the legal ...


Restoring "Life, Liberty, And The Pursuit Of Happiness" In Our Constitutional Jurisprudence: An Exercise In Legal History, Patrick J. Charles Dec 2011

Restoring "Life, Liberty, And The Pursuit Of Happiness" In Our Constitutional Jurisprudence: An Exercise In Legal History, Patrick J. Charles

William & Mary Bill of Rights Journal

No abstract provided.


Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino Dec 2011

Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino

William & Mary Bill of Rights Journal

Student expressive association on campus is a thorny thicket. Student affinity groups often choose to organize around a shared principle or characteristic of the groups’ members, which, by definition, makes those students different in some way from their peers. In order to preserve the group’s sense of uniqueness, these groups often then wish to control their own membership and voting policies. They feel, in essence, entitled to discriminate—a right arguably embodied by the First Amendment freedom of expressive association. When campus groups actually exercise this right, however, they run into university antidiscrimination policies, which can cost them official ...


The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le Dec 2011

The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le

William & Mary Bill of Rights Journal

No abstract provided.


All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh Dec 2011

All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh

William & Mary Bill of Rights Journal

No abstract provided.


The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick Dec 2011

The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick

William & Mary Environmental Law and Policy Review

No abstract provided.


Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke Dec 2011

Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke

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

No abstract provided.


Introduction, Jayne W. Barnard Dec 2011

Introduction, Jayne W. Barnard

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

No abstract provided.


Why Gays Should Not Serve In The United States Armed Forces: A Gay Liberationist Statement Of Principle, Shannon Gilreath Dec 2011

Why Gays Should Not Serve In The United States Armed Forces: A Gay Liberationist Statement Of Principle, Shannon Gilreath

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

No abstract provided.


The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters Dec 2011

The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters

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

No abstract provided.


The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus Dec 2011

The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus

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

No abstract provided.


"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer Dec 2011

"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer

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

No abstract provided.


The Bp Deepwater Horizon: A Cautionary Tale For Ccs, Hydrofracking, Geoengineering And Other Emerging Technologies With Environmental And Human Health Risks, Mark A. Latham Dec 2011

The Bp Deepwater Horizon: A Cautionary Tale For Ccs, Hydrofracking, Geoengineering And Other Emerging Technologies With Environmental And Human Health Risks, Mark A. Latham

William & Mary Environmental Law and Policy Review

This Article first discusses the technological issues surrounding the BP Deepwater Horizon and summarizes how regulator and industry reliance on an inadequate fail-safe device played a crucial role in this disaster. Next, I discuss the fundamentals of carbon capture and sequestration, hydraulic fracturing, and geoengineering; that is, I attempt to capture what they involve, followed by the environmental and human health risks they present. I then summarize the current or proposed regulation of these technologies and analyze whether those regulations are sufficient to adequately protect human health and the environment. I conclude with recommendations for policymakers and regulators to consider ...


India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan Dec 2011

India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan

William & Mary Environmental Law and Policy Review

No abstract provided.


Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee Dec 2011

Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee

William & Mary Environmental Law and Policy Review

No abstract provided.


Disparate Impact Realism, Amy L. Wax Nov 2011

Disparate Impact Realism, Amy L. Wax

William & Mary Law Review

No abstract provided.


Is Legality Political?, Frederick Schauer Nov 2011

Is Legality Political?, Frederick Schauer

William & Mary Law Review

No abstract provided.


Laws For Learning In An Age Of Acceleration, John O. Mcginnis Nov 2011

Laws For Learning In An Age Of Acceleration, John O. Mcginnis

William & Mary Law Review

No abstract provided.


Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz Nov 2011

Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz

William & Mary Law Review

No abstract provided.


Partisan Conflicts Over Presidential Authority, Jide Nzelibe Nov 2011

Partisan Conflicts Over Presidential Authority, Jide Nzelibe

William & Mary Law Review

No abstract provided.


Globalization And Structure, Julian Ku, John Yoo Nov 2011

Globalization And Structure, Julian Ku, John Yoo

William & Mary Law Review

No abstract provided.


Contracting For Procedure, Kevin E. Davis, Helen Hershkoff Nov 2011

Contracting For Procedure, Kevin E. Davis, Helen Hershkoff

William & Mary Law Review

Judicial decisions of public courts increasingly are based on “contract procedure,” private rules of procedure that the parties draft and assent to before a dispute even has arisen. These rules govern such matters as the forum in which the proceeding will be conducted, whether a jury will be involved in adjudicating the dispute, the scope of rights of discovery, and rules of evidence. The practice deserves greater attention and should raise more profound concerns than the academic literature currently suggests. We argue that contract procedure operates as a form of privatization that effectively outsources government functions to private contracting parties ...


Federalism Under Obama, Gillian E. Metzger Nov 2011

Federalism Under Obama, Gillian E. Metzger

William & Mary Law Review

No abstract provided.


Tragic Rights: The Rights Critique In The Age Of Obama, Robin L. West Nov 2011

Tragic Rights: The Rights Critique In The Age Of Obama, Robin L. West

William & Mary Law Review

No abstract provided.


Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo Nov 2011

Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo

William & Mary Law Review

No abstract provided.