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Articles 1 - 17 of 17
Full-Text Articles in Social and Behavioral Sciences
The Three Ps Of Resilience: Planning, Partnerships, And Paying For It All (Agenda), Virginia Coastal Policy Center, William & Mary Law School
The Three Ps Of Resilience: Planning, Partnerships, And Paying For It All (Agenda), Virginia Coastal Policy Center, William & Mary Law School
2019, The Three Ps of Resilience: Planning, Partnerships, and Paying For It All
No abstract provided.
Wealth, Equal Protection, And Due Process, Brandon L. Garrett
Wealth, Equal Protection, And Due Process, Brandon L. Garrett
William & Mary Law Review
Increasingly, constitutional litigation challenging wealth inequality focuses on the intersection of the Equal Protection and Due Process Clauses. That intersection—between equality and due process—deserves far more careful exploration. What I call “equal process” claims arise from a line of Supreme Court and lower court cases in which wealth inequality is the central concern. For example, the Supreme Court in Bearden v. Georgia conducted analysis of a claim that criminal defendants were treated differently based on wealth in which due process and equal protection principles converged. That equal process connection is at the forefront of a wave of national litigation concerning …
Managed Retreat And The Life Estate: A Practical Path Forward For Coastal Communities, Sam Gross
Managed Retreat And The Life Estate: A Practical Path Forward For Coastal Communities, Sam Gross
Virginia Coastal Policy Center
This paper focuses on a frequently discussed but rarely implemented solution to sea level rise: “managed retreat” away from at-risk and overdeveloped coastal areas. The paper begins by examining the threat posed by sea level rise through the lens of two contrasting municipalities: Miami, Florida and Nags Head, North Carolina. It then outlines the concept of managed retreat as well as the controversies surrounding this approach. Specifically, it examines the widespread voter hostility to condemnation efforts, the deterrent effect of inevitable legal challenges, and the financial burden of such efforts on cash-strapped municipalities.
After analyzing these hurdles, the paper assesses …
Contract Law And The Liberalism Of Fear, Nathan B. Oman
Contract Law And The Liberalism Of Fear, Nathan B. Oman
Faculty Publications
Liberalism’s concern with human freedom seems related to contractual freedom and thus contract law. There are, however, many strands of liberal thought and which of them best justifies contract is a difficult question. In The Choice Theory of Contracts, Hanoch Dagan and Michael Heller offer a vision of contract based on autonomy. Drawing on the work of Joseph Raz, they argue that extending autonomy should be the law’s primary concern, which requires that we extend the range of contractual choices available. While there is much to admire in their work, I argue that autonomy as conceived by Dagan and Heller …
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
William & Mary Law Review
Injustice in criminal cases often takes root before trial begins. Overworked criminal judges must resolve difficult pretrial evidentiary issues that determine the charges the State will take to trial and the range of sentences the defendant will face. Wrong decisions on these issues often lead to wrongful convictions. As behavioral law and economic theory suggests, judges who are cognitively busy and receive little feedback on these topics from appellate courts rely upon intuition, rather than deliberative reasoning, to resolve these questions. This leads to inconsistent rulings, which prosecutors exploit to expand the scope of evidentiary exceptions that almost always disfavor …
The Power Of Prosecutors, Jeffrey Bellin
The Power Of Prosecutors, Jeffrey Bellin
Faculty Publications
One of the predominant themes in the criminal justice literature is that prosecutors dominate the justice system. Over seventy-five years ago, Attorney General Robert Jackson famously proclaimed that the “prosecutor has more control over life, liberty, and reputation than any other person in America.” In one of the most cited law review articles of all time, Bill Stuntz added that prosecutors—not legislators, judges, or police—“are the criminal justice system’s real lawmakers.” And an unchallenged modern consensus holds that prosecutors “rule the criminal justice system.”
This Article applies a critical lens to longstanding claims of prosecutorial preeminence. It reveals a curious …
From Stele To Silicon: Publication Of Statutes, Public Access To The Law, And The Uniform Electronic Legal Material Act, Frederick W. Dingledy
From Stele To Silicon: Publication Of Statutes, Public Access To The Law, And The Uniform Electronic Legal Material Act, Frederick W. Dingledy
Library Staff Publications
For a legal system to succeed, its laws must be available to the public it governs. This article looks at the methods used by different governments throughout history to publicize legislation and the rulers’ possible motivations for publication. It concludes by discussing how the Uniform Electronic Legal Material Act provides the next logical step in this long tradition of publicizing the law.
The Creation Of A Virginia Coastal Resilience Development Authority: An Inventory Of State Coastal Resilience Authorities And Funding Mechanisms To Help Guide Virginia, Kristi Gennette
Virginia Coastal Policy Center
In June 2018, Governor Ralph Northam signed legislation creating a cabinet-level position, the Special Assistant to the Governor for Coastal Adaptation and Protection, to lead efforts in addressing coastal resilience and flooding mitigation in Virginia. The following November, Governor Northam signed Executive Order No. 24, which directed the state to increase statewide resilience to natural hazards and extreme weather. This Executive Order directed Virginia to develop a Coastal Resilience Master Plan (CRMP). In order to implement the projects proposed in the CRMP, the Commonwealth will need funding. This paper provides an inventory of various states’ programs for funding coastal resilience …
Water Supply Management In Virginia: Lessons From The West Coast, Kristin Mccarthy
Water Supply Management In Virginia: Lessons From The West Coast, Kristin Mccarthy
Virginia Coastal Policy Center
This paper first provides a brief overview of the two main water rights doctrines: riparian rights in the east, and prior appropriation in the west, with special emphasis on Virginia’s and California’s water laws. This paper next looks at particularly relevant water supply solutions, including bringing the agriculture industry to the table, implementing aquifer storage and recovery and groundwater trading programs, embracing “One Water” plans, and expanding water budgeting laws in the state. Each section first examines the actions that Virginia has already undertaken, before highlighting examples of success in the west and making recommendations for ways in which Virginia …
Planning For The "New Normal": Using Build One Portsmouth To Address Flood Resilience, Alison Wrynn, Sarah Simonetti
Planning For The "New Normal": Using Build One Portsmouth To Address Flood Resilience, Alison Wrynn, Sarah Simonetti
Virginia Coastal Policy Center
Sea level rise, recurrent flooding, and increasingly severe storms are ever-present threats to coastal Virginia. As climate change becomes the “new normal”, creative solutions are needed to adapt to these stark realities.
In response to these climate-related challenges, Governor Ralph Northam issued Executive Order 24, “Increasing Virginia’s Resilience to Sea Level Rise and Natural Hazards,” on November 2, 2018. The Executive Order designated the Secretary of Natural Resources as the Chief Resilience Officer of the Commonwealth, and set forth various actions intended to increase statewide resilience to natural hazards and extreme weather. Later that same month, Portsmouth released its 2018 …
How Science Has Influenced, But Should Now Determine, Environmental Policy, Jan G. Laitos
How Science Has Influenced, But Should Now Determine, Environmental Policy, Jan G. Laitos
William & Mary Environmental Law and Policy Review
This is an article about science and environmental law. More specifically, it is an article about two different versions of science, and how each has affected environmental law and the development of environmental policy. The emergence of science-driven environmental law has significantly affected how humans view and respond to the natural world that makes up the biosphere, which is the thin envelope surrounding the Earth that permits the human species to exist. This Article argues that humans, and law-makers, should embrace a different role for science. Instead of science answering “what is” questions, it should also explain the universal laws …
The Case For A Mandatory Renewable Portfolio Standard In Virginia: A Case Study Examining Virginia’S Potential For A Mandatory Renewable Portfolio Standard By Comparing Virginia To Maryland And North Carolina, Rebecca Wescott
William & Mary Environmental Law and Policy Review
Since the early 1980s, states have utilized Renewable Energy Portfolio Standards (“RPSs”) as policy mechanisms to “promote broader investment in renewable energy without requiring passage of a comprehensive energy policy measure that includes a pricing mechanism for carbon.” RPS policies can be drafted in one of two ways: (1) as a mandatory RPS, a legal mandate on what percentage of a state’s power portfolio must come from specific eligible renewable energy sources by a specific date in the future, or (2) as a non-binding or voluntary RPS, a policy goal that recommends that a certain percentage of a state’s power …
Overcoming Impediments To Shellfish Aquaculture Through Legal Research And Outreach: Case Studies, National Sea Grant College Program, Catherine Janasie, Amanda Nichols, Read Porter, Mitchell Ramic, Jordan Viana, Joseph Bingaman, Elizabeth Andrews, Angela King, Danielle Goshen, Shana Jones, Lisa Schiavinato, Catherine Courtier, Danielle Goshen
Overcoming Impediments To Shellfish Aquaculture Through Legal Research And Outreach: Case Studies, National Sea Grant College Program, Catherine Janasie, Amanda Nichols, Read Porter, Mitchell Ramic, Jordan Viana, Joseph Bingaman, Elizabeth Andrews, Angela King, Danielle Goshen, Shana Jones, Lisa Schiavinato, Catherine Courtier, Danielle Goshen
Virginia Coastal Policy Center
More than half of the population of the continental United States resides in coastal communities, which are increasingly home to commercial shellfish aquaculture operations. Consequently, a variety of user conflicts can arise as states seek to encourage the development or expansion of shellfish aquaculture. Each of these conflicts creates the potential for opposition and legal challenges to the industry.
An understanding of the legal and regulatory context governing shellfish aquaculture can assist in managing conflicts related to the industry. Laws and regulations in some cases create or can be perceived as impediments to the growth or success of the aquaculture …
Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz
Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz
Faculty Publications
No abstract provided.
From A Culture Of Food Waste To A Culture Of Food Security: A Comparison Of Food Waste Law And Policy In France And In The United States, Lindsay Bunting Eubanks
From A Culture Of Food Waste To A Culture Of Food Security: A Comparison Of Food Waste Law And Policy In France And In The United States, Lindsay Bunting Eubanks
William & Mary Environmental Law and Policy Review
Fighting food waste fights hunger. It also cleans the planet. Currently, one third of all the food produced in the world—1.3 billion tons of edible food—goes to waste every year. Each ton of food wasted produces 3.8 tons of the world’s greenhouse gas emissions. In America, wasted food produces over 20% of methane gas emissions annually. Recovering all this wasted food could feed the food insecure, could clean the environment, and could even create new market opportunities within the food industry. If food industry businesses find ways to resell or recover the cost of what they currently throw away, this …
From Exploitation To Equity: Building Native-Owned Renewable Energy Generation In Indian Country, Michael Maruca
From Exploitation To Equity: Building Native-Owned Renewable Energy Generation In Indian Country, Michael Maruca
William & Mary Environmental Law and Policy Review
Indian country contains abundant renewable energy resources, and harnessing such resources is vitally important for national climate change mitigation efforts. Shifting the electric grid towards wind and solar generation also carries local environmental and health benefits, increases energy independence, and serves national security interests. For willing tribes, renewable energy development offers an opportunity for job growth and income base expansion. But if that development is to serve all parties— tribes, states, and the nation—then the current policy framework must change. If it does not change, policymakers risk continuing the long history of exploitative resource development on reservations.
This Article examines …
Retrospective: 30 Lessons Learned (And A Few Strokes Of Luck) At The Crossroads, James S. Heller
Retrospective: 30 Lessons Learned (And A Few Strokes Of Luck) At The Crossroads, James S. Heller
Library Staff Publications
No abstract provided.