Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 47

Full-Text Articles in Law

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney Apr 2018

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Faculty Publications

One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law ...


Some Form Of Punishment: Penalizing Women For Abortion, Mary Ziegler Mar 2018

Some Form Of Punishment: Penalizing Women For Abortion, Mary Ziegler

William & Mary Bill of Rights Journal

In 2016, Donald Trump ignited a political firestorm when he suggested that women should be punished for having abortions. Although he backtracked, Trump’s misstep launched a debate about whether women have been or should be punished for having abortions. At the same time, Trump’s comments revealed that punishing women has become far more than an abstraction. In 2016, Indiana resident Purvi Patel became just the most recent visible example when she was sentenced to twenty years for feticide and child neglect for inducing an abortion.

But in spite of the furor created by Trump’s comment and Patel ...


Being Seen Like A State: How Americans (And Britons) Built The Constitutional Infrastructure Of A Developing Nation, Daniel J. Hulsebosch Mar 2018

Being Seen Like A State: How Americans (And Britons) Built The Constitutional Infrastructure Of A Developing Nation, Daniel J. Hulsebosch

William & Mary Law Review

This Article develops the argument that the Federal Constitution of 1787 was conceptualized, drafted, and put into operation not only for American citizens but also for foreign audiences. In a world without supranational governing institutions, a constitution—at least, the Federal Constitution—might serve to promote peaceable international relations based on reciprocal trade and open credit. That at least was the Enlightenment-inflected hope.

Did it work? If early Americans engaged in constitution-making in large part to demonstrate their capacity for self-government, selfdiscipline, and commercial openness to foreign audiences, did anyone notice? Or was it all, regardless of diplomatic purposes and ...


The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy Oct 2016

The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy

Library Staff Publications

The Corpus Juris Civilis is indispensable for Roman law research. It is a vital pillar of modern law in many European nations, and influential in other countries. Scholars and lawyers still refer to it today. This valuable publication, however, may seem impenetrable at first, and references to it can be hard to decipher or detect. This guide provides a history of the Corpus Juris Civilis and the forms it has taken, states why it is still an important resource today, and offers some tips and tools for research using it.


Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney Mar 2016

Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney

Faculty Publications

The early common law produced a rich literature. This article examines two of the most popular legal treatises of the second half of the thirteenth century, Hengham Magna and Fet Asaver. It has long been recognized that these two treatises bear some relationship to each other. This article will attempt to establish that relationship, arguing that Hengham Magna and Fet Asaver were written by different people; that Fet Asaver borrows from Hengham Magna; and that the authors of both texts had independent access to the Bracton treatise. The article concludes by suggesting a new way to think about the legal ...


Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney Feb 2016

Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


"Shouting 'Fire' In A Theater": The Life And Times Of Constitutional Law's Most Enduring Analogy, Carlton F.W. Larson Oct 2015

"Shouting 'Fire' In A Theater": The Life And Times Of Constitutional Law's Most Enduring Analogy, Carlton F.W. Larson

William & Mary Bill of Rights Journal

In 1919, Justice Oliver Wendell Holmes introduced the specter of a man falsely shouting “fire” in a theater into First Amendment law. Nearly one hundred years later, this remains the most enduring analogy in constitutional law. It has been relied on in hundreds of constitutional cases, and it has permeated popular discourse on the scope of individual rights.

This Article examines both the origins and the later life of Holmes’s theater analogy. Part I is a detective story, seeking to solve the mystery of how Holmes came up with this particular example. This story takes us to the forgotten ...


The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha May 2015

The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha

William & Mary Law Review

No abstract provided.


Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney Oct 2014

Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


America’S Legal History Started In Williamsburg, Paul Hellyer Jun 2014

America’S Legal History Started In Williamsburg, Paul Hellyer

Library Staff Publications

No abstract provided.


The Jury As A Political Institution: An Internal Perspective, Robert P. Burns Mar 2014

The Jury As A Political Institution: An Internal Perspective, Robert P. Burns

William & Mary Law Review

In this Essay, I will briefly describe some of the more obvious ways in which the jury has been considered a political institution. I will then discuss the senses in which we can understand the term “political” in the context of the American jury trial. I will describe the senses in which Hannah Arendt, perhaps the most important political philosopher of the twentieth century, tried to distinguish between “the political” and the “the legal” and the limitations of any such distinction. I will then turn to the heart of this Essay, a description of the ways in which the American ...


Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse Mar 2014

Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse

William & Mary Law Review

No abstract provided.


Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney Jan 2014

Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar Apr 2013

Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar

Library Staff Publications

No abstract provided.


Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar Jan 2013

Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar

Library Staff Publications

The Wolf Law Library at the College of William and Mary initiated a project to re-create the library of George Wythe, the founding father of American legal education. A relatively small number of Wythe’s books are still extant today; for some volumes, there is strong documentary evidence to prove conclusively he owned specific editions of particular titles. Additionally, four bibliographies with varying levels of substantiating information provide insight into the contents of Wythe’s library. Examination of these sources launched an excursion into bibliographic history and rare book collecting that illuminates the difficulties in attempting to establish the exact ...


Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney Jan 2013

Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


From Oxford To Williamsburg: The Evolution Of Legal Education And Law Libraries Across The Pond, James S. Heller Jun 2012

From Oxford To Williamsburg: The Evolution Of Legal Education And Law Libraries Across The Pond, James S. Heller

Library Staff Publications

No abstract provided.


Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang Dec 2009

Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang

William & Mary Bill of Rights Journal

No abstract provided.


Considering William And Mary's History With Slavery: The Case Of President Thomas Roderick Dew, Alfred L. Brophy Apr 2008

Considering William And Mary's History With Slavery: The Case Of President Thomas Roderick Dew, Alfred L. Brophy

William & Mary Bill of Rights Journal

Amidst the recent apologies for slavery from the legislatures of Virginia, Maryland, North Carolina, Alabama, New Jersey, and Florida, there is significant controversy over the wisdom of investigations of institutions' connections to slavery and apologies for those connections.' The divide over attitudes toward apologies falls along racial lines. This Article briefly looks to the controversy on both sides of the apology debates. Among those questions about investigations of the past, universities occupy a special place. Efforts at recovery of their connections to slavery include a study released by graduate students at Yale University in 2001,2 a report by Brown ...


Foreword: The Legacy Of St. George Tucker, Davison M. Douglas Feb 2006

Foreword: The Legacy Of St. George Tucker, Davison M. Douglas

William & Mary Law Review

No abstract provided.


Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein Jan 2003

Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein

Faculty Publications

Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the ...


Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank Oct 2002

Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank

William & Mary Law Review

No abstract provided.


Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman Jul 2002

Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman

Faculty Publications

No abstract provided.


The Transformation Of The American Civil Trial: The Silent Judge, Renée Lettow Lerner Oct 2000

The Transformation Of The American Civil Trial: The Silent Judge, Renée Lettow Lerner

William & Mary Law Review

No abstract provided.


The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz Feb 1999

The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz

William & Mary Law Review

No abstract provided.


The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker Oct 1998

The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker

William & Mary Law Review

No abstract provided.


The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas Jan 1994

The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas

Faculty Publications

No abstract provided.


A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins Feb 1991

A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins

William & Mary Law Review

No abstract provided.


The Revolutionary Idea Of University Legal Education, Paul D. Carrington Apr 1990

The Revolutionary Idea Of University Legal Education, Paul D. Carrington

William & Mary Law Review

No abstract provided.


Introduction To Legal History Symposium, John Bernard Corr May 1982

Introduction To Legal History Symposium, John Bernard Corr

William & Mary Law Review

No abstract provided.