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Articles 1 - 30 of 255
Full-Text Articles in Law
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.
True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar
True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Strong Voices For A Vulnerable Group, Jack T. Brock Ii
Strong Voices For A Vulnerable Group, Jack T. Brock Ii
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
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 …
The Creation Of An Undue Burden: Arizona House Bill 2036 And State Abortion Regulations Post-Casey, Michael A. Althouse
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.
Adequate Assurance Or Medical Mediocrity: An Analysis Of The Limits On The Affordable Care Act's Application To Women's Health, Nicole M. Hartz
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.
Tick Toxic: The Failure To Clean Up Tsca Poisons Public Health And Threatens Chemical Innovation, Kristen Ekey
Tick Toxic: The Failure To Clean Up Tsca Poisons Public Health And Threatens Chemical Innovation, Kristen Ekey
William & Mary Environmental Law and Policy Review
No abstract provided.
Deadly Drones, Due Process, And The Fourth Amendment, William Funk
Deadly Drones, Due Process, And The Fourth Amendment, William Funk
William & Mary Bill of Rights Journal
No abstract provided.
Remarks On Charles H. Koch, Jr., Paul R. Verkuil
Remarks On Charles H. Koch, Jr., Paul R. Verkuil
William & Mary Bill of Rights Journal
No abstract provided.
On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt
On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt
William & Mary Bill of Rights Journal
No abstract provided.
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
William & Mary Bill of Rights Journal
No abstract provided.
Factual Precedents, Allison Orr Larsen
Factual Precedents, Allison Orr Larsen
Faculty Publications
Lawyers and judges speak to each other in a language of precedents—decisions from cases that have come before. The most persuasive precedent to cite, of course, is an on-point decision of the U.S. Supreme Court. But Supreme Court opinions are changing. They contain more factual claims about the world than ever before, and those claims are now rich with empirical data. This Supreme Court factfinding is also highly accessible; fast digital research leads directly to factual language in old cases that is perfect for arguments in new ones. An unacknowledged consequence of all this is the rise of what I …
Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
Faculty Publications
No abstract provided.
Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler
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
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.
Reproductive Injustice In The New Millennium, Sybil Shainwald
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.
Hear Me Now: The Admission Of Expert Testimony On Battered Women's Syndrome—An Evidentiary Approach, Matthew Fine
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.
The Resilience Of Property, Lynda L. Butler
The Resilience Of Property, Lynda L. Butler
Faculty Publications
Resilience is essential to the ability of property to face transforming social and environmental change. For centuries, property has responded to such change through a dialectical process that identifies emerging disciplinary perspectives and debates conflicting values and norms. This dialectic promotes the resilience of property, allowing it to adapt to changing conditions and needs. Today the mainstream economic theory dominating common law property is progressively being intertwined with constitutionally protected property, undermining its long-term resilience. The coupling of the economic vision of ordinary property with constitutional property embeds the assumptions, choices, and values of the economic theory into both realms …
Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec
Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec
Faculty Publications
Global patent law has raced toward harmonization over the past decades. Countries with vastly different industries, values, and levels of development now offer robust patent rights with similar contours through membership in the World Trade Organization and consequent adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). However, patent law is still far from harmonized among countries or static within countries. Jurisdictions tailor their patent laws to accommodate differences between industries, unforeseen inefficiencies, and diverse views of the costs and benefits associated with offering patent rights to stimulate innovation. Prior scholarly work consists of either doctrinal analyses …
Dying For A Solution: Incidental Taking Under The Migratory Bird Treaty Act, Andrew G. Ogden
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 strict …
Mandatory Settlements In Cercla Enforcement: Fixing A Broken System By Removing The Courts, Brian Carrico
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.
See Repose Run: Setting The Boundaries Of The Rule Of Repose In Environmental Trespass And Nuisance Cases, Jill E. Evans
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 of …
Remembering Our Friend And Colleague, Professor Charles Koch (1944-2012), Davison M. Douglas
Remembering Our Friend And Colleague, Professor Charles Koch (1944-2012), Davison M. Douglas
William & Mary Bill of Rights Journal
No abstract provided.
Jury Review Of Administrative Action, John F. Duffy
Jury Review Of Administrative Action, John F. Duffy
William & Mary Bill of Rights Journal
No abstract provided.
"Data, Views, Or Arguments": A Rumination, Michael Herz
"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
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
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
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
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
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 …