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Articles 1 - 30 of 239
Full-Text Articles in Law
Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman
Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman
Popular Media
No abstract provided.
(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen M. Feldman
(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen M. Feldman
William & Mary Bill of Rights Journal
Substantive due process issues implicitly concern voice. Whose voice will be heard? Although such issues often remain submerged, the Justices occasionally translate them into disputes over democratic participation and power. The Supreme Court’s most important substantive due process decision in years, Obergefell v. Hodges, entailed such a battle over democracy. The multiple dissenting opinions insisted that the decision demeaned the opponents of same-sex marriage, many of whom were inspired by traditional values and religious convictions. The majority explicitly disagreed, reasoning that the case resolved the rights of same-sex couples to marry and did not diminish the opponents’ voices. The dissenters …
The Merits Of Third-Party Standing, Brian Charles Lea
The Merits Of Third-Party Standing, Brian Charles Lea
William & Mary Bill of Rights Journal
When can a litigant assert someone else’s rights in federal court? The courts currently purport to adhere to a “prudential” justiciability rule barring such “thirdparty standing.” But the Supreme Court has devised exceptions—jus tertii standing and First Amendment overbreadth—under which courts can ignore that rule. The Court has never explained the source of that remarkable judicial power to choose what rights litigants can assert. The doctrine of third-party standing is, in short, an undertheorized muddle. Thankfully, the Court suggested in its 2014 decision in Lexmark International, Inc. v. Static Control Components, Inc., that it might soon try to bring order …
The Establishment Clause, State Action, And Town Of Greece, Nathan S. Chapman
The Establishment Clause, State Action, And Town Of Greece, Nathan S. Chapman
William & Mary Bill of Rights Journal
The Establishment Clause forbids the government from engaging in the same religious exercise that the law protects when performed by a private party. Thus, an establishment case often turns on whether religious activity is “state action.” Too often, however, courts ignore the state action analysis or merge it with the substantive Establishment Clause analysis. This muddles both doctrines and threatens individual religious liberty.
This Article argues that the state action doctrine should account for the government’s distribution of private rights. Accordingly, the Constitution applies to the government’s distribution of rights, but not to a private party’s use of those rights. …
The (Not So Dire) Future Of The Necessary And Proper Power After National Federation Of Independent Business V. Sebelius, Celestine Richards Mcconville
The (Not So Dire) Future Of The Necessary And Proper Power After National Federation Of Independent Business V. Sebelius, Celestine Richards Mcconville
William & Mary Bill of Rights Journal
No abstract provided.
Extralegal Supreme Court Policy-Making, Joëlle Anne Moreno
Extralegal Supreme Court Policy-Making, Joëlle Anne Moreno
William & Mary Bill of Rights Journal
The Colbert Report aired its final episode on December 18, 2014.1 Nine years earlier, on the first episode, Stephen Colbert coined the word “truthiness.” Truthiness satirized contemporary disinterest in empirical information in a country increasingly “divided between those who think with their head and those who know with their heart.” Truthiness was not just the Merriam-Webster word of the year. Over the past decade, it has been the unspoken mantra of reporters who give equal time to climate science denialists, faith healers, and vaccine refusers. When Justices of the Supreme Court decide questions of scientific or empirical fact—such as whether …
Orange Is The New Equal Protection Violation: How Evidence-Based Sentencing Harms Male Offenders, Shaina D. Massie
Orange Is The New Equal Protection Violation: How Evidence-Based Sentencing Harms Male Offenders, Shaina D. Massie
William & Mary Bill of Rights Journal
No abstract provided.
The Eighth Amendment And Tax Evasion: Whether Fatca Non-Compliance Fines And Fbar Penalties Are Excessive, Tyler R. Murray
The Eighth Amendment And Tax Evasion: Whether Fatca Non-Compliance Fines And Fbar Penalties Are Excessive, Tyler R. Murray
William & Mary Bill of Rights Journal
No abstract provided.
A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer
A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer
Popular Media
No abstract provided.
Authorship, Attribution, And Audience, Laura A. Heymann
Authorship, Attribution, And Audience, Laura A. Heymann
Popular Media
No abstract provided.
Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation, Aaron-Andrew P. Bruhl
Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
Equity Crowdfunding: A Market For Lemons?, Darian M. Ibrahim
Equity Crowdfunding: A Market For Lemons?, Darian M. Ibrahim
Faculty Publications
No abstract provided.
Google Glass While Driving, Adam M. Gershowitz
Google Glass While Driving, Adam M. Gershowitz
Faculty Publications
Is it legal to use Google Glass while driving? Most states ban texting while driving and a large number also forbid drivers from being able to see television and video screens. But do these statutes apply to Google Glass? Google advises users to check their states’ law and to “[r]ead up and follow the law!” Yet, laws designed for a tangible world are very difficult to apply to virtual screens projected by futuristic wearable technology. In short order, however, police and prosecutors across the country will be called upon to apply outdated distracted driving laws to Google Glass.
This article …
The Lost History Of The Political Question Doctrine, Tara Leigh Grove
The Lost History Of The Political Question Doctrine, Tara Leigh Grove
Faculty Publications
This Article challenges the conventional narrative about the political question doctrine. Scholars commonly assert that the doctrine, which instructs that certain constitutional questions are “committed” to Congress or to the executive branch, has been part of our constitutional system since the early nineteenth century. Furthermore, scholars argue that the doctrine is at odds with the current Supreme Court’s view of itself as the “supreme expositor” of all constitutional questions. This Article calls into question both claims. The Article demonstrates, first, that the current political question doctrine does not have the historical pedigree that scholars attribute to it. In the nineteenth …
The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus
The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus
Faculty Publications
No abstract provided.
The Costs Of Easy Victory, Michael E. Waterstone
The Costs Of Easy Victory, Michael E. Waterstone
William & Mary Law Review
Studies of law and social change often focus on areas of intense conflict, including abortion, gun rights, and various issues around race, gender, and sexual orientation. Each of these has entered the culture wars, inspiring fierce resistance and organized countermovements. A reasonable assumption might be that social change in less controversial areas might be easier. In this Article, I suggest that it is not that simple. Using the disability rights movement, I demonstrate how flying under the radar leads to unappreciated obstacles. The disability rights movement had a relatively easy path to the passage of the Americans with Disabilities Act …
Where The American Dream Becomes A Nightmare: Lgbt Detainees In Immigration Detention Facilities, Lauren Zitsch
Where The American Dream Becomes A Nightmare: Lgbt Detainees In Immigration Detention Facilities, Lauren Zitsch
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser
Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Married On Sunday, Fired On Monday: Approaches To Federal Lgbt Civil Rights Protections, Lisa Bornstein, Megan Bench
Married On Sunday, Fired On Monday: Approaches To Federal Lgbt Civil Rights Protections, Lisa Bornstein, Megan Bench
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Allyship To The Intersex Community On Cosmetic, Non-Consensual Genital "Normalizing" Surgery, Robert Hupf
Allyship To The Intersex Community On Cosmetic, Non-Consensual Genital "Normalizing" Surgery, Robert Hupf
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser
What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser
William & Mary Environmental Law and Policy Review
In Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), the Supreme Court held that an agency could not, consistent with the Takings Clause, condition a permit on a land exaction unless the exaction bears an “essential nexus” and “rough proportionality” to the harms the government seeks to mitigate. Then, in Koontz v. St. Johns Water Management District, 133 S. Ct. 2586 (2013), the Court extended Nollan and Dolan to exactions that were never completed because the property owner refused to acquiesce to the demand. Nevertheless, the Court held that …
Ring-Fencing The Power Envelope Of History's Second Most Important Invention Of All Time, Steven Ferrey
Ring-Fencing The Power Envelope Of History's Second Most Important Invention Of All Time, Steven Ferrey
William & Mary Environmental Law and Policy Review
No abstract provided.
A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
William & Mary Environmental Law and Policy Review
No abstract provided.
Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg
Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg
William & Mary Environmental Law and Policy Review
No abstract provided.
Effects Of The Craft Beer Boom In Virginia: How Breweries, Regulators, And The Public Can Collaborate To Mitigate Environmental Impacts, Hannah Fish
William & Mary Environmental Law and Policy Review
No abstract provided.
Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset
Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset
William & Mary Environmental Law and Policy Review
No abstract provided.
Gas, Roads, And Glory: North Dakota And Mha Nation's Struggle Over Flaring Regulation, Erica Beacom
Gas, Roads, And Glory: North Dakota And Mha Nation's Struggle Over Flaring Regulation, Erica Beacom
William & Mary Environmental Law and Policy Review
No abstract provided.
Triumph Of The Space Commons: Addressing The Impending Space Debris Crisis Without An International Treaty, Joseph Kurt
Triumph Of The Space Commons: Addressing The Impending Space Debris Crisis Without An International Treaty, Joseph Kurt
William & Mary Environmental Law and Policy Review
No abstract provided.
Toward A Socially Responsible Application Of The Criminal Law To The Problem Of Street Harassment, Maeve Olney
Toward A Socially Responsible Application Of The Criminal Law To The Problem Of Street Harassment, Maeve Olney
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Personal Jurisdiction Based On The Local Effects Of Intentional Misconduct, Allan Erbsen
Personal Jurisdiction Based On The Local Effects Of Intentional Misconduct, Allan Erbsen
William & Mary Law Review
Intentional misconduct frequently has extraterritorial consequences. Terrorist attacks, toxic pollution, civil rights violations, and other intentional torts can cause harm within a state despite originating outside the state. Those harms raise a vexing constitutional question: when do the local effects of intentional wrongdoing authorize personal jurisdiction over a defendant whose conduct occurred outside the forum? The answer has several significant implications. Granting or denying jurisdiction can support or undermine regulatory interests by allocating power between states, imposes burdens on the parties that can impede access to justice, and alters risk assessments that shape both socially desirable and socially destructive behavior.