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Articles 1 - 30 of 75
Full-Text Articles in Law
Constitutional Injury And Tangibility, Rachel Bayefsky
Constitutional Injury And Tangibility, Rachel Bayefsky
William & Mary Law Review
The Supreme Court, in the 2016 case Spokeo, Inc. v. Robins, announced a framework for determining whether a plaintiff had alleged an injury that would permit entry into federal court. The Court indicated that a plaintiff, in order to have constitutional standing, needed to suffer harm that was “concrete” or “real.” In explaining how courts could ascertain whether an alleged harm was concrete, the Court created a category of “intangible” harm subject to a distinctive, and arguably more demanding, concreteness inquiry than “tangible” harm, a category that seemingly includes only physical or economic harm. In particular, Spokeo directed courts …
Equal Liberty In Proportion, Joshua E. Weishart
Equal Liberty In Proportion, Joshua E. Weishart
William & Mary Law Review
As federal law continues to devolve more education policy making to states, state courts will remain a primary forum for settling education rights. State fora do not inspire confidence, however, because their doctrine is so uncertain. A majority of state supreme courts do not specify a level of scrutiny and at times seem to be improvising judicial review. The resulting decisions can exhibit a troubling lack of foresight. Most notably, while federal doctrine increasingly reveals the interrelation of liberty and equality claims, state courts have failed to capitalize on that point—even though their decisions were among the first to concede …
Legislative Exhaustion, Michael Sant’Ambrogio
Legislative Exhaustion, Michael Sant’Ambrogio
William & Mary Law Review
Legislative lawsuits are a recurring by-product of divided government. Yet the Supreme Court has never definitively resolved whether Congress may sue the executive branch over its execution of the law. Some scholars argue that Congress should be able to establish Article III standing when its interests are harmed by executive action or inaction just like private parties. Others, including most prominently the late Justice Antonin Scalia, argue that intergovernmental disputes do not constitute Article III “cases” or “controversies” at all. Rather, the Framers envisioned the political branches resolving their differences through nonjudicial means.
This Article proposes a different approach to …
Protean Statutory Interpretation In The Courts Of Appeals, James J. Brudney, Lawrence Baum
Protean Statutory Interpretation In The Courts Of Appeals, James J. Brudney, Lawrence Baum
William & Mary Law Review
This Article is the first in-depth empirical and doctrinal analysis of differences in statutory interpretation between the courts of appeals and the Supreme Court. It is also among the first to anticipate how the Supreme Court’s interpretive approach may shift with the passing of Justice Scalia.
We begin by identifying factors that may contribute to interpretive divergence between the two judicial levels, based on their different institutional structures and operational realities. In doing so, we discuss normative implications that may follow from the prospect of such interpretive divergence. We then examine how three circuit courts have used dictionaries and legislative …
Speech, Intent, And The Chilling Effect, Leslie Kendrick
Speech, Intent, And The Chilling Effect, Leslie Kendrick
William & Mary Law Review
Speaker’s intent requirements are a common but unremarked feature of First Amendment law. From the “actual malice” standard for defamation to the specific-intent requirement for incitement, many types of expression are protected or unprotected depending on the state of mind with which they are said. To the extent that courts and commentators have considered why speaker’s intent should determine First Amendment protection, they have relied upon the chilling effect. On this view, imposing strict liability for harmful speech, such as defamatory statements, would overdeter, or chill, valuable speech, such as true political information. Intent requirements are necessary prophylactically to provide …
Communis Opinio And The Method Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy
Communis Opinio And The Method Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy
William & Mary Law Review
No abstract provided.
A Strategy For Mercy, Robert L. Misner
A Strategy For Mercy, Robert L. Misner
William & Mary Law Review
No abstract provided.
Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler
Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler
William & Mary Law Review
No abstract provided.
Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker
Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker
William & Mary Law Review
No abstract provided.
Devlin Was Right: Law And The Enforcement Of Morality, Gerald Dworkin
Devlin Was Right: Law And The Enforcement Of Morality, Gerald Dworkin
William & Mary Law Review
No abstract provided.
Stevens's Professionalism And Ours, David Luban
Stevens's Professionalism And Ours, David Luban
William & Mary Law Review
No abstract provided.
Triggering Coverage Of Progressive Property Loss: Preserving The Distinctions Between First- And Third-Party Insurance Policies, Chandra Lantz
Triggering Coverage Of Progressive Property Loss: Preserving The Distinctions Between First- And Third-Party Insurance Policies, Chandra Lantz
William & Mary Law Review
No abstract provided.
Imposition, Richard Delgado, Jean Stefancic
Imposition, Richard Delgado, Jean Stefancic
William & Mary Law Review
No abstract provided.
The Word On Trial, Robin West
Scorn, Richard Delgado, Jean Stefancic
Scorn, Richard Delgado, Jean Stefancic
William & Mary Law Review
No abstract provided.
Class, Personality, Contract, And Unconscionability, Jeffrey L. Harrison
Class, Personality, Contract, And Unconscionability, Jeffrey L. Harrison
William & Mary Law Review
No abstract provided.
The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith
The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith
William & Mary Law Review
No abstract provided.
Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.
Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.
William & Mary Law Review
No abstract provided.
Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey
Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey
William & Mary Law Review
No abstract provided.
To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig
To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig
William & Mary Law Review
No abstract provided.
Religiously Motivated "Outrageous" Conduct: Intentional Infliction Of Emotional Distress As A Weapon Against "Other People's Faiths", Paul T. Hayden
Religiously Motivated "Outrageous" Conduct: Intentional Infliction Of Emotional Distress As A Weapon Against "Other People's Faiths", Paul T. Hayden
William & Mary Law Review
No abstract provided.
Environmental Litigation And Rule 11, Carl Tobias
Environmental Litigation And Rule 11, Carl Tobias
William & Mary Law Review
No abstract provided.
Textualism, Constitutionalism, And Federal Statutes, Jerry L. Mashaw
Textualism, Constitutionalism, And Federal Statutes, Jerry L. Mashaw
William & Mary Law Review
No abstract provided.
Translation As Argument, Mark V. Tushnet
Translation As Argument, Mark V. Tushnet
William & Mary Law Review
No abstract provided.
Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer
Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer
William & Mary Law Review
No abstract provided.
Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich
Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich
William & Mary Law Review
No abstract provided.
The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert L. Birmingham
The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert L. Birmingham
William & Mary Law Review
No abstract provided.
U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid
U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid
William & Mary Law Review
No abstract provided.
A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder
A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder
William & Mary Law Review
No abstract provided.
Abusing Standing: Furthering The Conservative Agenda, David A. Domansky
Abusing Standing: Furthering The Conservative Agenda, David A. Domansky
William & Mary Law Review
No abstract provided.