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Articles 31 - 60 of 105
Full-Text Articles in Law
Fostering States As Laboratories, Myrisha S. Lewis
Fostering States As Laboratories, Myrisha S. Lewis
Popular Media
No abstract provided.
Antitrust Regulation And The Federal-State Balance: Restoring The Original Design, Alan J. Meese
Antitrust Regulation And The Federal-State Balance: Restoring The Original Design, Alan J. Meese
Faculty Publications
The U.S. Constitution divides authority over commerce between states and the national government. Passed in 1890, the Sherman Act (“the Act”) reflects this allocation of power, reaching only those harmful agreements that are “in restraint of... commerce among the several States.” This Article contends that the Supreme Court erred when it radically altered the balance between state and national power over trade restraints in 1948, abruptly abandoning decades of precedent recognizing exclusive state authority over most intrastate restraints. This revised construction of the Act contravened the statute’s apparent meaning, unduly expanded the reach of federal antitrust regulation, and undermined the …
Expanding The Reach Of Progressive Prosecution, Jeffrey Bellin
Expanding The Reach Of Progressive Prosecution, Jeffrey Bellin
Faculty Publications
No abstract provided.
Law On The Half Shell: Applying A Right-To-Farm Framework To Virginia's Aquaculture Industry, Matt Woodward, Andrew Corso
Law On The Half Shell: Applying A Right-To-Farm Framework To Virginia's Aquaculture Industry, Matt Woodward, Andrew Corso
Virginia Coastal Policy Center
Beginning in the 1970s and 1980s, states responded to mounting land use conflicts by enacting Right-to-Farm or “RTF” laws. These laws serve to protect farmers and other agricultural producers by shielding their operations from nuisance suits. Virginia’s RTF law has helped to resolve land use conflicts and has helped to protect an agricultural industry that is both culturally and economically vital to the state.
Commercial shellfish activity has also historically proven vital to Virginia’s unique coastal identity and economy. Further, over the last several decades, Virginia’s diverse aquaculture industry has grown, making Virginia one of the leading producers of aquacultural …
The Changing Role Of The American Prosecutor, Jeffrey Bellin
The Changing Role Of The American Prosecutor, Jeffrey Bellin
Faculty Publications
No abstract provided.
Yearning For An Independent Federal Judiciary, A. Benjamin Spencer
Yearning For An Independent Federal Judiciary, A. Benjamin Spencer
Popular Media
No abstract provided.
The Brief (Edition #1, September 2020), William & Mary Law School
The Brief (Edition #1, September 2020), William & Mary Law School
The Brief
No abstract provided.
As She Lies In State, A Tribute To Justice Ginsburg, Katherine Mims Crocker
As She Lies In State, A Tribute To Justice Ginsburg, Katherine Mims Crocker
Popular Media
No abstract provided.
Mcswain-Walker Lecture: How Disability Drives Innovation: An Intersectional And Global Perspective, Haben Girma
Mcswain-Walker Lecture: How Disability Drives Innovation: An Intersectional And Global Perspective, Haben Girma
Other Events & Lectures
No abstract provided.
Preserving An Independent Judiciary In Turbulent Times
Preserving An Independent Judiciary In Turbulent Times
Stanley H. Mervis Lecture
No abstract provided.
The Meaning Of Mcdonald's [(R)], Laura A. Heymann
2020-2021 Supreme Court Preview: Notebook Cover Page, Allison Orr Larsen, Neal Devins, Rebecca Green, Institute Of Bill Of Rights Law, William & Mary Law School
2020-2021 Supreme Court Preview: Notebook Cover Page, Allison Orr Larsen, Neal Devins, Rebecca Green, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
Our traditional notebook will not be available this year due to the virtual setting. However, we have compiled this virtual notebook to provide all participating in the Supreme Court Preview an opportunity to learn more about the upcoming docket and the issues facing the Court. We hope you enjoy the wealth of information available throughout this virtual notebook.
2020-2021 Supreme Court Preview: Schedule Of Events, Institute Of Bill Of Rights Law, William & Mary Law School
2020-2021 Supreme Court Preview: Schedule Of Events, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
2020-2021 Supreme Court Preview: Biographies Of 2020 Supreme Court Preview Panelists, Institute Of Bill Of Rights Law, William & Mary Law School
2020-2021 Supreme Court Preview: Biographies Of 2020 Supreme Court Preview Panelists, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Supreme Court And The 2020 Election: What Challenges Are Likely And What Will Be The Supreme Court's Role In Deciding Them?, Institute Of Bill Of Rights Law, William & Mary Law School
The Supreme Court And The 2020 Election: What Challenges Are Likely And What Will Be The Supreme Court's Role In Deciding Them?, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
On Friday, September 11 at 5:30pm, the Supreme Court Preview will feature a panel on "The Supreme Court and the 2020 Election What Challenges are likely and what will be the Supreme Court's Role in Deciding them?" As we approach a historic election in November 2020, many anticipate that election challenges will wind up in federal court. This panel will discuss trends in COVID-related election cases at the Court so far, anticipate which challenges are likely going forward, and will speculate what the Supreme Court’s role will be in deciding them. What has changed at the Court (and otherwise) since …
What Is The Future Of The Supreme Court? Potential Reforms, Their Likelihood, And Their Implications, Institute Of Bill Of Rights Law, William & Mary Law School
What Is The Future Of The Supreme Court? Potential Reforms, Their Likelihood, And Their Implications, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
On Saturday, September 12 at 4:15pm, the Supreme Court Preview will feature a panel on "What is the Future of the Supreme Court? Potential Reforms, Their Likelihood, and Their Implications." Democrats recently unveiled “structural court reforms” as part of their platform. These potential reforms include, among others, adding seats to the Supreme Court, making changes to the confirmation process, and shortening the Justices’ terms of office. This panel will discuss which reforms seem most likely to be adopted and what concerns are motivating them. Twenty-five W&M students will also bring their questions to the panel about the future of the …
Who Is The Real John Roberts? Predicting The Surprises Of The Fall Term, Institute Of Bill Of Rights Law, William & Mary Law School
Who Is The Real John Roberts? Predicting The Surprises Of The Fall Term, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
On Saturday, September 12 at 3:00pm, the Supreme Court Preview will feature a panel on "Who is the Real John Roberts? Predicting the Surprises of the Fall Term." Chief Justice Roberts cast several votes in high-profile cases last Term that many found to be surprising, and it led to a debate over whether the Chief Justice should be described as a moderate or not. This panel will anticipate which cases in the 2020-2021 Term will provide an opportunity for the Chief Justice to cast the deciding vote, and will address whether the Chief Justice’s voting pattern in 2020 was indicative …
Transparency And The Shadow Docket, Institute Of Bill Of Rights Law, William & Mary Law School
Transparency And The Shadow Docket, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
On Saturday, September 12 at 2:00pm, the Supreme Court Preview will feature a panel on "Transparency and the Shadow Docket." “The shadow docket” is a phrase used to describe the significant volume of orders and summary decisions that the Supreme Court issues without full briefing and oral argument. This panel will discuss what is new and what is not about the shadow docket. The panelists will speculate on the ways in which the Court will use these orders going forward, and will discuss the upsides and downsides of doing so.
Granted Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Granted Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School
Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton
Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton
Faculty Publications
Since the late nineteenth century, virtually all school-aged children have attended school; only rarely did children live and learn entirely within their homes. In recent decades, however, the practice of elective homeschooling has emerged, and the number of families opting out of regular schools has surged. Currently, the parents of nearly two million school-aged children annually eschew traditional schooling.
A small but well-resourced homeschool lobby has aggressively pressured state legislators to withdraw state oversight of homeschooling. No similarly resourced lobby exists to counterbalance these efforts. As a result, states now impose few—and in some cases, no—obligations on parents who choose …
Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren
Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren
Popular Media
No abstract provided.
Cambridge Analytica's Black Box, Margaret Hu
Cambridge Analytica's Black Box, Margaret Hu
Faculty Publications
The Cambridge Analytica–Facebook scandal led to widespread concern over the methods deployed by Cambridge Analytica to target voters through psychographic profiling algorithms, built upon Facebook user data. The scandal ultimately led to a record-breaking $5 billion penalty imposed upon Facebook by the Federal Trade Commission (FTC) in July 2019. The FTC action, however, has been criticized as failing to adequately address the privacy and other harms emanating from Facebook’s release of approximately 87 million Facebook users’ data, which was exploited without user authorization. This Essay summarizes the FTC’s response to the Cambridge Analytica–Facebook scandal. It concludes that the scandal focuses …
Marginal Benefits Of The Core Securities Laws, Kevin S. Haeberle
Marginal Benefits Of The Core Securities Laws, Kevin S. Haeberle
Popular Media
No abstract provided.
Theories Of Prosecution, Jeffrey Bellin
Theories Of Prosecution, Jeffrey Bellin
Faculty Publications
For decades, legal commentators sounded the alarm about the tremendous power wielded by prosecutors. Scholars went so far as to identify uncurbed prosecutorial discretion as the primary source of the criminal justice system’s many flaws. Over the past two years, however, the conversation shifted. With the emergence of a new wave of “progressive prosecutors,” scholars increasingly hail broad prosecutorial discretion as a promising mechanism for criminal justice reform.
The abrupt shift from decrying to embracing prosecutorial power highlights a curious void at the center of criminal justice thought. There is no widely accepted normative theory of the prosecutorial role. As …
Verified Amended Complaint By Next Friend James Dwyer Against Defendants Norfolk Department Of Human Services (Ndhs), James G. Dwyer
Verified Amended Complaint By Next Friend James Dwyer Against Defendants Norfolk Department Of Human Services (Ndhs), James G. Dwyer
Faculty Publications
No abstract provided.
Racial Justice Protests & Protestor Rights (July 15, 2020), Timothy Zick, Mikaela Phillips
Racial Justice Protests & Protestor Rights (July 15, 2020), Timothy Zick, Mikaela Phillips
Racial Justice & Social Reform Speaker Series
No abstract provided.
United States Patent And Trademark Office V. Booking.Com B.V.: How Do We Know When Something Is A Name?, Laura A. Heymann
United States Patent And Trademark Office V. Booking.Com B.V.: How Do We Know When Something Is A Name?, Laura A. Heymann
Popular Media
No abstract provided.
A. Benjamin Spencer: What To Expect From Me As Dean, A. Benjamin Spencer
A. Benjamin Spencer: What To Expect From Me As Dean, A. Benjamin Spencer
2020–present: A. Benjamin Spencer
No abstract provided.
Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren
Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren
Faculty Publications
No abstract provided.