Social and Behavioral Sciences Commons^™

Striving For Resilience In Virginia's Transportation Sector, Elizabeth H. Davis, Jacob Haddad, Bryce Ballard

Virginia Coastal Policy Center

To help address the need for increased resiliency in the Commonwealth’s transportation sector, and in furtherance of the goals set forth in the VDOT [Virginia Department of Transportation] Resilience Plan, this white paper highlights green infrastructure and natural and nature-based features as ways to increase resilience for transportation infrastructure and mitigating impacts from climate change. Additionally, this paper describes potential methods of incorporating resilient best practices with respect to Virginia’s transportation infrastructure and planning decisions.

This abstract has been taken from the paper's Section I, Background.

Diagonal Federalism: How States Should Respond To Inconsistent Federal Climate Change Mitigation Policy, Michael Arnone

William & Mary Environmental Law and Policy Review

This Note will argue that diagonal federalism—a model of governance in which states partner with one another and local governments to pursue shared policy goals—is an ideal response to inconsistent climate change mitigation policy by the Federal Government. Part I provides an overview of the foundations of American environmental policy, how that policy is predicated on federal-state partnership, and the historical precedent for state-led action on climate change mitigation policy. Part II discusses how and why federal environmental policy, and by extension, federal climate change mitigation policy, has been so inconsistent. Part III illustrates how collaboration between the Federal Government …

The Most Dangerous Branch Of Science? Reining In Rogue Research And Reckless Experimentation In Social Services, James G. Dwyer

Faculty Publications

Most people are unaware how much public policy is either lacking in any empirical-research support or driven by bad research. Political actors motivated by ideology or donor/constituent demands propose new government practices—in areas ranging from policing to funding of treatments for gender dysphoria in youth to welfare-qualification rules—that will greatly impact people’s lives, and if anyone asks what basis they have for thinking the impact will be good, they can readily find some study to support their case. Especially when powerless populations are put at risk, neither the legislative process nor peer review in the publication process provides a real …

Law On The Half Shell: Applying A Right-To-Farm Framework To Virginia's Aquaculture Industry, Matt Woodward, Andrew Corso

William & Mary Environmental Law and Policy Review

Adapting the state’s existing RTF [Right-to-Farm] regime to include aquaculture has the potential to help Virginia navigate an array of economic and legal challenges. This Article examines the intersection of RTF law and aquaculture and discusses the role that RTF law may play in encouraging Virginia’s expanding aquaculture industry. Part I offers an overview of RTF laws and their operation in Virginia. Part II discusses aquaculture generally and Virginia’s expanding aquaculture industry. Part III documents problems faced by aquaculture producers in Virginia under Virginia’s existing RTF law. Part IV details related challenges facing the industry. Part V concludes by detailing …

Winning The Battle, Winning The War, Malka Herman

William & Mary Law Review Online

This Article analyzes Derrick Bell's interest-convergence theory and its utility for lawyers when litigating for the rights of nondominant groups. The first part of this Article studies four different cases in which plaintiffs or amicus curiae chose arguments that highlighted the ways their interests converged with potential allies. The Article uses these cases as examples of four different ways that a lawyer can engage in interest-convergence litigation. The strategies examined in this Article rest on two axes: dominant/nondominant narrative convergence and natural/unnatural ally convergence. An analysis of the effects of each of these techniques makes it clear that dominant narrative …

Congressional Oversight Of Modern Warfare: History, Pathologies, And Proposals For Reform, Oona A. Hathaway, Tobias Kuehne, Randi Michel, Nicole Ng

William & Mary Law Review

Despite significant developments in the nature of twenty-first century warfare, Congress continues to employ a twentieth century oversight structure. Modern warfare tactics, including cyber operations, drone strikes, and special operations, do not neatly fall into congressional committee jurisdictions. Counterterrorism and cyber operations, which are inherently multi-jurisdictional and highly classified, illustrate the problem. In both contexts, over the past several years Congress has addressed oversight shortcomings by strengthening its reporting requirements, developing relatively robust oversight regimes. But in solving one problem, Congress has created another: deeply entrenched information silos that inhibit the sharing of information about modern warfare across committees. This …

Alternative Solutions For Government Intervention In Climate Crisis Markets: Price Gouging And The Pandemic Egg Market Case Study, S. Byron Frazelle

William & Mary Environmental Law and Policy Review

The cost of a thing is the amount of what I will call life which is required to be exchanged for it, immediately or in the long run.

The incredible, edible egg.

Fires in California, hurricanes along the Gulf, a worldwide pandemic—it is evident that the year 2020 was defined by great crises, most of which were direct results of or exacerbated by climate change. The effects of these crises on broader American society, in particular that of the COVID-19 pandemic, are just beginning to be realized. Nearly every aspect of American life has been impacted by the pandemic and …

Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson

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

The need for a fully functioning forensic system has been identified by the Liberian government and international partners, but it has not been addressed. This Article argues that despite a robust framework put in place to create accountability for rape, Liberia needs a system of collecting and processing forensic evidence to increase the success rate of prosecutions that currently fail due to the inadequacy of non-forensic evidence.

Fulfilling Porter's Promise, Danielle Allyn

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

Despite the Porter court’s reference to a “long tradition of according leniency to veterans,” in the criminal legal system, veterans are overrepresented on death rows across America, including Georgia’s. Most of these veterans come to death row with experiences of marginalization due to other aspects of their identity, such as race or mental disability.

This Article examines the cases of six men executed in Georgia, each with a history of military service, and each with experiences of disenfranchisement based on race and/or mental disability. At trial, each confronted legal risks that disproportionately place Black people and people with mental disabilities …

Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower

William & Mary Bill of Rights Journal

Presidents have a wide array of tools at their disposal to unilaterally influence public policy, without the direct approval of Congress or the courts. These unilateral actions have the potential to affect a variety of individual rights, either profitably or adversely. Governors too can employ unilateral directives for similar purposes, often impacting an even wider range of rights. In this Article, we collect all executive orders and memoranda related to individual rights issued between 1981 and 2018 at the federal level, and across the U.S. states, to analyze their use over time. We find that chief executives of all kinds …

The Half-Earth City, Timothy Beatley, Jd Brown

William & Mary Environmental Law and Policy Review

At the intersection of the biophilic city and the global commitment to halt biodiversity declines lies the half-earth city.

E.O. Wilson inspired the global effort to conserve and restore half the Earth, to sustain remaining biodiversity, necessarily focused on areas where the human footprint is small and the conversion of land to anthropogenic land use is less pronounced. However, given the increasing urbanization of the globe, cities must also play a central role in the conservation of global biodiversity. Holistic ecoregional planning must account for the impact of cities and work to ensure that urban areas are built in harmony …

Digital Urban Agriculture As Disparate Development: The Future Of Food In Three U.S. Cities Through The Lens Of Stakeholder Perceptions, Networks, And Resource Flows, Michael Carolan

William & Mary Environmental Law and Policy Review

Urban agriculture takes many forms. Often, the term elicits images of raised beds, hoop houses, and, in those instances where topsoil is both present and non-contaminated, in-ground gardens—what I call traditional urban agriculture (“TUA”). But that imagery is changing, especially in some parts of the country where vacant space is scarce and land prices dear. In those instances, cities are seeing growth in digital urban agriculture (“DUA”). DUA, as defined here, refers to farming within urban and peri-urban areas that incorporates elements of automation, software, and/or silicon-based hardware into their operations. While this definition is not meant to draw a …

The Impact Of Climate Change On Virginia's Coastal Areas, Jonathan L. Goodall, Antonio Elias, Elizabeth Andrews, Christopher "Kit" Chope, John Cosgrove, Jason El Koubi, Jennifer Irish, Lewis L. Lawrence Iii, Robert W. Lazaro Jr., William H. Leighty, Mark W. Luckenbach, Elise Miller-Hooks, Ann C. Phillips, Henry Pollard V, Emily Steinhilber, Charles Feigenoff, Jennifer Sayegh

Faculty Publications

As part of HJ47/SJ47 (2020), the Virginia General Assembly directed the Joint Commission on Technology and Science (JCOTS) to study the “safety, quality of life, and economic consequences of weather and climate-related events on coastal areas in Virginia.” In pursuit of this goal, the commission was to “accept any scientific and technical assistance provided by the nonpartisan, volunteer Virginia Academy of Science, Engineering, and Medicine (VASEM). VASEM convened an expert study board with representation from the Office of the Governor, planning district commissions in coastal Virginia, The Port of Virginia, the Virginia Economic Development Partnership, state universities, private industry, and …

Understanding The Economic And Political Effects Of Trump's China Tariffs, Daniel C. K. Chow, Ian M. Sheldon

William & Mary Business Law Review

Although President Trump has persistently claimed that China is paying billions of dollars in tariffs imposed on Chinese imports to the United States, empirical evidence indicates that U.S. consumers are bearing the cost of the tariffs: $51 billion in increased prices and a net loss of $7.2 billion to the U.S. economy. The unilateral power-based approach to trade used by the Trump Administration has also resulted in unexpected economic and political costs in key Midwestern states that helped propel Trump to the U.S. presidency in 2016. These costs have led to reverses for the Trump Administration in the mid-term elections …

Transit-Oriented Development: The Quest For Sustainable Cities In The Age Of The Automobile, Franklyn P. Salimbene, William P. Wiggins

William & Mary Environmental Law and Policy Review

During the early and mid-twentieth century the automobile captured the imagination of the American public. Superhighways, which were the vision, became the reality with the promise of speedy and safe travel. During this visioning, little attention was given to the impacts the highway system would have on urban America. Of course, by the end of the century the impacts were quite clear and distressing. Traffic congestion and air pollution became, and now are, among the most challenging aspects of life in American cities. In contemplating measures to alleviate the negative effects of these twin challenges, federal, state, and local agencies, …

Flooding Their Mailbox: Recommendations For Notifying Residents Of Changes To Fema Flood Maps, Andrew Major, Alston Underwood

Virginia Coastal Policy Center

No abstract provided.

Tribalism And Democracy, Seth Davis

William & Mary Law Review

Americans have long talked about “tribalism” as a way of talking about their democracy. In recent years, for example, commentators have pointed to “political tribalism” as what ails American democracy. According to this commentary, tribalism is incompatible with democracy. Some commentators have cited Indian Tribes as evidence to support this incompatibility thesis, and the thesis has surfaced within federal Indian law and policy in various guises up to the present day with disastrous consequences for Indian Tribes. Yet much of the talk about tribalism and democracy—within federal Indian law, and also without it—has had little to do with actual tribes. …

Comments On Mcgahn "A Brief History Of Judicial Appointments From The Last 50 Years Through The Trump Administration", Russell Wheeler

William & Mary Law Review Online

Donald McGahn is a respected member of the Washington D.C. legal community, known especially for his expertise in election law. He served as White House counsel in the Trump administration until October 2018 and was a key player in the Trump administration’s judicial appointments process.His article is witty, sometimes revealing, but above all a description, as he sees it, of the decades-long deterioration of the process for Senate confirmation of federal judicial nominees, with some blame assigning. He also provides a few behind-the-scenes looks at Trump administration confirmation battles, and some recommendations for easing contentiousness in— or at least, speeding …

Preventing Parkland: A Workable Fourth Amendment Standard For Searching Juveniles' Smartphones Amid School Threats In A Post-Parkland World, Andrew Mueller

William & Mary Bill of Rights Journal

On February 14, 2018, Nikolas Cruz, age nineteen, went to the Marjory Stoneman Douglas High School campus in Parkland, Florida, armed with an AR-15 rifle. He opened fire, killing seventeen students. His unspeakable actions culminated in an attack, which eclipsed the 1999 Columbine High School Massacre to become the deadliest school shooting at a high school in American history. In the immediate months following this still-recent tragedy, schools across the United States were flooded with “copycat” threats of violence. Terroristic threat charges levied against juveniles have likewise skyrocketed.

These recent events have resulted in new and burdensome pressures for schools …

Solving The First Mile/ Last Mile Problem: Electric Scooter And Dockless Bicycles Are Positioned To Provide Relief To Commuters Struggling With A Daily Commute, Kelly Grosshuesch

William & Mary Environmental Law and Policy Review

Commuters in cities across the United States struggle to find ease in their daily commute. Public transportation no longer provides residents with an adequate and reliable source of transportation.1 For many commuters, getting to and from nodes of public transportation is difficult and a deterrent from using public or shared transportation instead of driving.2 This, therefore, increases vehicle congestion and car emissions in cities. While multiple new technologies and innovations have emerged to attempt to help commuters with the trip to and from public transportation, most have fallen short.3 But two new innovations that have gained major popularity among consumers, …

Before Disaster Strikes: Preparing America To Be Disaster Resilient, Cole Hoyt

William & Mary Environmental Law and Policy Review

Major natural disasters in the United States are occurring more frequently and are causing more damage and destruction than ever before in the nation’s history. With the increased number and intensity of natural disasters, America’s failing infrastructure and current resiliency plan are inadequate to successfully prepare and respond to such catastrophic events. As a direct result, natural disasters in the United States cause scores of deaths and injuries, inflict billions of dollars’ worth of damage per disaster, and make it increasingly more difficult for Americans to recover and return to a sense of normalcy.

The World Health Organization (“WHO”), offers …

Racial Justice Protests & Protestor Rights (July 15, 2020), Timothy Zick, Mikaela Phillips

Racial Justice & Social Reform Speaker Series

No abstract provided.

Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman

William & Mary Law Review

On November 27, 1978, Harvey Milk, the first openly gay elected official in California’s history, was murdered. He was shot five times, twice in the head. His murderer, Dan White, was convicted of voluntary manslaughter and served only five years in prison.

The Dan White trial is the most famous example of queer juror exclusion in American history. While White’s defense attorney, Douglas Schmidt, could not directly ask the jurors about their sexual orientation, he had another strategy: find the gays and allies and keep them out, and find the Catholics and keep them in. Schmidt struck a woman who …

Protecting Water Quality In Virginia: Recommendations To Combat Sea Level Rise And Increased Storm Events, Madhavi Kulkarni

Virginia Coastal Policy Center

Impairment of Virginia waters is tied to coastal storm hazards and sea level rise because excess floodwaters are contaminated by flood-exposed industrial and residential facilities, and these toxic floodwaters flow into the state’s water bodies. In Virginia, thousands of industrial facilities can potentially be subjected to the effects of stormwater flooding, hurricane storm surge, and sea level rise, in turn affecting water quality. Failing or unmaintained septic systems also pose a major threat to the quality of Virginia waters that increases with recurrent inundation by flood waters. A combination of changes to law and policy and investment in infrastructure are …

Planning For A Managed Retreat: Moving In A New Direction, Caitlin Parry, Michael Heard Snow, Ryan Franklin

Virginia Coastal Policy Center

Climate change is altering the United States’ coastline in both subtle and extreme ways. The threat is especially pressing in the Commonwealth of Virginia, which is experiencing sea levels rising faster than the global average. As global sea level rise continues to increase, coastal communities across the country must make difficult decisions about their futures. Instead of waging an endless war with the tide, one option for them to consider is the process of managed retreat, which provides a long-term solution by relocating communities away from vulnerable areas. Low to moderate income communities face a variety of additional social and …

Building Towards A Resilient Virginia: Using C-Pace Financing To Improve The Resiliency Of Commercial Buildings, Jessica Kraus, Cesare Piermarini

Virginia Coastal Policy Center

When discussing how to combat problems caused by climate change and rising sea levels, the focus is often on developing and using alternative sources of clean energy. However, while slowing climate change is a worthy goal, it is too late to prevent climate change impacts in many areas in Virginia. Vulnerable flood zones all over the state are already being inundated with periodic flooding. This flooding causes extensive damage to commercial structures in the area. For example, it is estimated that Hurricane Florence alone caused between $200 million and $1 billion in flood damage in Virginia. Commercial property owners can …

Trash Talk: An Exploration Of The Problem Of Marine Debris And Some Virginia-Specific Solutions, Elizabeth Pindilli

Virginia Coastal Policy Center

In an effort to address the problem of marine debris, the Virginia Coastal Zone Management Program (Virginia CZMP) undertook a planning process that resulted in the Virginia Marine Debris Reduction Plan (VMDRP) in 2014. In light of the policy issues raised in the VMDRP, this paper will explore the issue of marine debris and some possible solutions that can be pursued in Virginia.

This abstract has been adapted from the author's introduction.

Privacy Or The Polls: Public Voter Registration Laws As A Modern Form Of Vote Denial, Audrey Paige Sauer

William & Mary Law Review

On May 11, 2017, President Donald J. Trump signed an executive order establishing the Presidential Advisory Commission on Election Integrity (PACEI), with the mission to “study the registration and voting processes used in Federal elections.” Pursuant to this mission, Vice Chair of the Commission, Kansas Secretary of State Kris Kobach, sent out letters to state election officials soliciting all “publicly available voter roll data,” including all registrants’ full first and last names, middle names or initials, addresses, dates of birth, political party, last four digits of Social Security numbers if available, voter history from 2006 onward, information regarding any felony …

The Court Should Not Let Politically Divided Times Affects Its Choices And Decisions, Erwin Chemerinsky

William & Mary Law Review

The Court should not let politically divided times affect its choices or decisions. Altering the Court’s role in politically divided times would require a definition of what qualifies as such an era and a theory of how to act in such times. Almost every era in American history could be deemed a politically divided time. Changing the Court’s role in politically divided times is inconsistent with its preeminent role: interpreting and enforcing the Constitution. This role does not change, and should not change, in politically charged moments. Indeed, history shows that the Court cannot know what is likely to lessen …

Protecting The Role Of The Press During Times Of Crisis, Mary-Rose Papandrea

William & Mary Law Review

President Trump’s daily tweets attacking the media have led many observers to express concern about the state of the press in our nation. Trump has called the press “the ... enemy of the [American] people,” encouraged a climate of hatred toward journalists at his rallies, refused to condemn Saudi Arabia for the brutal killing of reporter Jamal Khashoggi, and accused the media of writing “fake news.” The public’s trust in the institutional press has simultaneously diminished. Combined with the continuing economic challenges journalists face, the press is certainly facing some difficult times.

Nevertheless, things are not as dire as they …