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Articles 61 - 90 of 172

Full-Text Articles in Law

Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky Dec 2012

Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky

William & Mary Bill of Rights Journal

No abstract provided.


A Clarification Of The Constitution's Application Abroad: Making The "Impracticable And Anomalous" Standard More Practicable And Less Anomalous, Jesse Merriam Nov 2012

A Clarification Of The Constitution's Application Abroad: Making The "Impracticable And Anomalous" Standard More Practicable And Less Anomalous, Jesse Merriam

William & Mary Bill of Rights Journal

No abstract provided.


Information Wants To Be Free (Of Sanctions): Why The President Cannot Prohibit Foreign Access To Social Media Under U.S. Export Regulations, Jarred O. Taylor Iii Nov 2012

Information Wants To Be Free (Of Sanctions): Why The President Cannot Prohibit Foreign Access To Social Media Under U.S. Export Regulations, Jarred O. Taylor Iii

William & Mary Law Review

No abstract provided.


Beyond Morrison: The Effect Of The "Presumption Against Extraterritoriality" And The Transactional Test On Foreign Tender Offers, Vladislava Soshkina Nov 2012

Beyond Morrison: The Effect Of The "Presumption Against Extraterritoriality" And The Transactional Test On Foreign Tender Offers, Vladislava Soshkina

William & Mary Law Review

No abstract provided.


Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake Apr 2012

Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake

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

No abstract provided.


Neuroscience In The Courtroom: An International Concern, Dominique J. Church Apr 2012

Neuroscience In The Courtroom: An International Concern, Dominique J. Church

William & Mary Law Review

No abstract provided.


The Politics Of The Empowerment Of Women: Mapping Enabling Environments Within Narratives Of Femininity And Power, Jinn Winn Chong Apr 2012

The Politics Of The Empowerment Of Women: Mapping Enabling Environments Within Narratives Of Femininity And Power, Jinn Winn Chong

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

No abstract provided.


Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle Feb 2012

Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle

Faculty Publications

At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …


Book Review: International Law Stories, Frederick W. Dingledy Jan 2012

Book Review: International Law Stories, Frederick W. Dingledy

Library Staff Publications

No abstract provided.


The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone Jan 2012

The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone

Faculty Publications

The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian law requirements, …


Globalization And Structure, Julian Ku, John Yoo Nov 2011

Globalization And Structure, Julian Ku, John Yoo

William & Mary Law Review

No abstract provided.


Partisan Conflicts Over Presidential Authority, Jide Nzelibe Nov 2011

Partisan Conflicts Over Presidential Authority, Jide Nzelibe

William & Mary Law Review

No abstract provided.


Our Exceptional Constitution, Timothy Zick Oct 2011

Our Exceptional Constitution, Timothy Zick

Popular Media

No abstract provided.


Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes Mar 2011

Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes

William & Mary Bill of Rights Journal

No abstract provided.


Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios, Benjamin J. Keele Jan 2011

Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios, Benjamin J. Keele

Library Staff Publications

No abstract provided.


"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs Jan 2011

"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs

Faculty Publications

No abstract provided.


The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone Jan 2011

The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone

Faculty Publications

No abstract provided.


When Facts Are Thin On The Ground, Julia Romasevych, Paul Antiss, Nancy Amoury Combs Sep 2010

When Facts Are Thin On The Ground, Julia Romasevych, Paul Antiss, Nancy Amoury Combs

Popular Media

Fact-finding at the international tribunals is not as precise as we think. Nancy Combs, Professor of Law at William and Mary Law School, explores this in her new book 'Fact-finding without facts: the uncertain evidentiary foundations of international criminal convictions'.


Fact-Finding Without Facts, Nancy Amoury Combs Aug 2010

Fact-Finding Without Facts, Nancy Amoury Combs

Popular Media

No abstract provided.


Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green Jul 2010

Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green

Popular Media

No abstract provided.


Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins Jan 2010

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins

Faculty Publications

No abstract provided.


Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele Jan 2010

Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele

Library Staff Publications

No abstract provided.


The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle Dec 2009

The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle

Faculty Publications

We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.


Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier Dec 2009

Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier

William & Mary Law Review

Although the conflict formerly known as the “war on terror” is now in its eighth year, key legal issues governing the use of force and military detention remain largely unresolved. These questions survive the Bush administration, as the United States continues to launch aerial strikes against al Qaeda and President Obama has indicated his intention to continue the use of preventative detention and military trials even after Guantánamo is closed. Military victory is not possible, but good faith application of authority from the law of war can effectively complement traditional criminal law in combating the threat. Even if the Geneva …


Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie Nov 2009

Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie

William & Mary Law Review

No abstract provided.


Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord Jul 2009

Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord

Popular Media

No abstract provided.


A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent Jul 2009

A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

No abstract provided.


Collaborative Governance: Lessons For Europe From U.S. Electricity Restructuring, Charles H. Koch Jr. Apr 2009

Collaborative Governance: Lessons For Europe From U.S. Electricity Restructuring, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Deriving Peremptory Norms From Sovereignty, Evan J. Criddle, Evan Fox-Decent Mar 2009

Deriving Peremptory Norms From Sovereignty, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

No abstract provided.


Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein Jan 2009

Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein

Faculty Publications

No abstract provided.