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College of William & Mary Law School

Journal

2013

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Articles 1 - 30 of 137

Full-Text Articles in Law

Remembering Our Friend And Colleague, Professor Charles Koch (1944-2012), Davison M. Douglas Dec 2013

Remembering Our Friend And Colleague, Professor Charles Koch (1944-2012), Davison M. Douglas

William & Mary Bill of Rights Journal

No abstract provided.


Good Vibrations: The Push For New Laws And Industry Practices In American Instrument Making, Patrick Genova Dec 2013

Good Vibrations: The Push For New Laws And Industry Practices In American Instrument Making, Patrick Genova

William & Mary Environmental Law and Policy Review

No abstract provided.


Mandatory Settlements In Cercla Enforcement: Fixing A Broken System By Removing The Courts, Brian Carrico Dec 2013

Mandatory Settlements In Cercla Enforcement: Fixing A Broken System By Removing The Courts, Brian Carrico

William & Mary Environmental Law and Policy Review

No abstract provided.


Dying For A Solution: Incidental Taking Under The Migratory Bird Treaty Act, Andrew G. Ogden Dec 2013

Dying For A Solution: Incidental Taking Under The Migratory Bird Treaty Act, Andrew G. Ogden

William & Mary Environmental Law and Policy Review

The almost century-old Migratory Bird Treaty Act (“MBTA”) is straining to fulfill its statutory purpose of protecting migratory birds from the changing and growing threats of a modern industrial society. With approximately 600 million bird deaths per year from a host of anthropogenic activities and infrastructure, including alternative energy projects, oil and gas development, antennas, power lines and buildings, migratory bird populations are under stress that will increase significantly in the near future from a momentous growth in wind energy activity.

Since the 1970s, the Fish and Wildlife Service (“FWS”) has attempted to reconcile the MBTA’s conservation policy and ...


See Repose Run: Setting The Boundaries Of The Rule Of Repose In Environmental Trespass And Nuisance Cases, Jill E. Evans Dec 2013

See Repose Run: Setting The Boundaries Of The Rule Of Repose In Environmental Trespass And Nuisance Cases, Jill E. Evans

William & Mary Environmental Law and Policy Review

Application of the rule of repose to environmental contamination claims for trespass and nuisance will preclude recovery for plaintiffs who discover the harm or injury outside the repose period. The rule of repose is subject neither to the discovery rule or other equitable tolling devices and runs from the date of the defendant’s culpable conduct. As a consequence, the rule extinguishes claims regardless of accrual of the cause of action. Environmental plaintiffs suffering property damage are particularly vulnerable to the repose bar as harm can occur over many years through the migration of unseen contaminants. Operation of the rule ...


Articulating Moral Bases For Regional Responses To Deforestation And Climate Change: Africa, Amelia Chizwala Peterson Dec 2013

Articulating Moral Bases For Regional Responses To Deforestation And Climate Change: Africa, Amelia Chizwala Peterson

William & Mary Environmental Law and Policy Review

Deforestation and desertification, archenemies of efforts to maintain forests as sinks for greenhouse gas emissions, are marching on unabated in Africa, where 90 percent of forests were lost in West Africa over the last century alone. Wangari Maathai, founder of the Green Belt Movement, whose work to restore some of Kenya’s decimated forests predates the connections made by the climate science community between deforestation and climate change, wrote:

Today we are faced with a challenge that calls for a shift in our thinking, so that humanity stops threatening its lifesupport system. We are called to assist the Earth to ...


Deadly Drones, Due Process, And The Fourth Amendment, William Funk Dec 2013

Deadly Drones, Due Process, And The Fourth Amendment, William Funk

William & Mary Bill of Rights Journal

No abstract provided.


Calming Unsettled Waters: A Proposal For Navigating The Tenuous Power Divide Between The Federal Courts And The Uspto Under The American Invents Act, William Rose Dec 2013

Calming Unsettled Waters: A Proposal For Navigating The Tenuous Power Divide Between The Federal Courts And The Uspto Under The American Invents Act, William Rose

William & Mary Bill of Rights Journal

No abstract provided.


Remarks On Charles H. Koch, Jr., Paul R. Verkuil Dec 2013

Remarks On Charles H. Koch, Jr., Paul R. Verkuil

William & Mary Bill of Rights Journal

No abstract provided.


Jury Review Of Administrative Action, John F. Duffy Dec 2013

Jury Review Of Administrative Action, John F. Duffy

William & Mary Bill of Rights Journal

No abstract provided.


On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt Dec 2013

On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt

William & Mary Bill of Rights Journal

No abstract provided.


"Data, Views, Or Arguments": A Rumination, Michael Herz Dec 2013

"Data, Views, Or Arguments": A Rumination, Michael Herz

William & Mary Bill of Rights Journal

No abstract provided.


Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii Dec 2013

Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii

William & Mary Bill of Rights Journal

No abstract provided.


Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin Dec 2013

Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin

William & Mary Bill of Rights Journal

Among the creative contributions that the late Charles H. Koch, Jr., made to administrative law thinking was his exploration of the present and potential role of administrative judges as policymakers. Charles stood in firm opposition to recent trends that, in his view, had served to strengthen the policymaking role of administrative judges at the expense of agency heads. He insisted that ultimate control over the policy direction of a program should rest with the officials who have been appointed to administer that program. While adhering to this baseline, however, Charles gravitated over time toward a nuanced view that sought to ...


The Last Should Be First—Flip The Order Of The Chevron Two-Step, Richard Murphy Dec 2013

The Last Should Be First—Flip The Order Of The Chevron Two-Step, Richard Murphy

William & Mary Bill of Rights Journal

No abstract provided.


Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher Dec 2013

Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher

William & Mary Bill of Rights Journal

No abstract provided.


Private Standards Organizations And Public Law, Peter L. Strauss Dec 2013

Private Standards Organizations And Public Law, Peter L. Strauss

William & Mary Bill of Rights Journal

Simplified, universal access to law is one of the important transformations worked by the digital age. With the replacement of physical by digital copies, citizens ordinarily need travel only to the nearest computer to find and read the texts that bind them. Lagging behind this development, however, has been computer access to standards developed by private standards development organizations, often under the umbrella of the American National Standards Institute (ANSI), and then converted by agency actions incorporating them by reference into legal obligations. To discover what colors the Occupational Safety and Health Administration (OSHA) requires for use in work-place caution ...


An Essay On Due Process And The Endowment Effect, Paul R. Verkuil Dec 2013

An Essay On Due Process And The Endowment Effect, Paul R. Verkuil

William & Mary Bill of Rights Journal

No abstract provided.


Administrative Searches, Technology And Personal Privacy, Russell L. Weaver Dec 2013

Administrative Searches, Technology And Personal Privacy, Russell L. Weaver

William & Mary Bill of Rights Journal

No abstract provided.


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.


True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar Dec 2013

True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar

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

No abstract provided.


The Right To (Trans) Parent: A Reproductive Justice Approach To Reproductive Rights, Fertility, And Family-Building Issues Facing Transgender People, Laura Nixon Dec 2013

The Right To (Trans) Parent: A Reproductive Justice Approach To Reproductive Rights, Fertility, And Family-Building Issues Facing Transgender People, Laura Nixon

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

In focusing on fertility preservation and the whiff of eugenics in state statutes, this Article aims to make several contributions to issues at the intersection of the LGBT and reproductive health, rights, and justice movements. This Article will show how the reproductive health issues of transgender people remain shadowed in the mainstream LGBT movement and reproductive health and rights movement. This Article will use reproductive justice principles to provide new entry points for LGBT advocates and reproductive health and rights advocates to build alliances around gender, sexuality, and reproduction by highlighting opportunities for reproductive justice advocates to engage on reproductive ...


Access To Vaginal Birth After Cesarean: Restrictive Policies And The Chilling Of Women's Medical Rights During Childbirth, Lisa Pratt Dec 2013

Access To Vaginal Birth After Cesarean: Restrictive Policies And The Chilling Of Women's Medical Rights During Childbirth, Lisa Pratt

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

No abstract provided.


Reproductive Injustice In The New Millennium, Sybil Shainwald Dec 2013

Reproductive Injustice In The New Millennium, Sybil Shainwald

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

A reexamination of the history of abortion law in the United States is essential to an understanding of recent changes. Part I of this Article will provide a synopsis of the early Anglo-American view of abortion at common law, the early anti-abortion statutes, and the state of abortion during the early twentieth century. Part II will discuss the liberalization of abortion laws, as well as the ways in which the law pertaining to a woman’s right to choose has evolved since 1973. Finally, Part III will analyze the constitutionality of the current wave of restrictions.


Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler Dec 2013

Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler

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

No abstract provided.


Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman Dec 2013

Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman

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

No abstract provided.


The Creation Of An Undue Burden: Arizona House Bill 2036 And State Abortion Regulations Post-Casey, Michael A. Althouse Dec 2013

The Creation Of An Undue Burden: Arizona House Bill 2036 And State Abortion Regulations Post-Casey, Michael A. Althouse

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

No abstract provided.


Strong Voices For A Vulnerable Group, Jack T. Brock Ii Dec 2013

Strong Voices For A Vulnerable Group, Jack T. Brock Ii

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

No abstract provided.


Hear Me Now: The Admission Of Expert Testimony On Battered Women's Syndrome—An Evidentiary Approach, Matthew Fine Dec 2013

Hear Me Now: The Admission Of Expert Testimony On Battered Women's Syndrome—An Evidentiary Approach, Matthew Fine

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

No abstract provided.


Adequate Assurance Or Medical Mediocrity: An Analysis Of The Limits On The Affordable Care Act's Application To Women's Health, Nicole M. Hartz Dec 2013

Adequate Assurance Or Medical Mediocrity: An Analysis Of The Limits On The Affordable Care Act's Application To Women's Health, Nicole M. Hartz

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

No abstract provided.