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Social and Behavioral Sciences Commons

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Articles 1 - 11 of 11

Full-Text Articles in Social and Behavioral Sciences

Why Congress Does Not Challenge Judicial Supremacy, Neal Devins Apr 2017

Why Congress Does Not Challenge Judicial Supremacy, Neal Devins

William & Mary Law Review

Members of Congress largely acquiesce to judicial supremacy both on constitutional and statutory interpretation questions. Lawmakers, however, do not formally embrace judicial supremacy; they rarely think about the courts when enacting legislation. This Article explains why this is so, focusing on why lawmakers have both strong incentive to acquiesce to judicial power and little incentive to advance a coherent view of congressional power. In particular, lawmakers are interested in advancing favored policies, winning reelection, and gaining personal power within Congress. Abstract questions of institutional power do not interest lawmakers and judicial defeats are seen as opportunities to find some other …


Judicial Supremacy Revisited: Independent Constitutional Authority In American Constitutional Law And Practice, Mark A. Graber Apr 2017

Judicial Supremacy Revisited: Independent Constitutional Authority In American Constitutional Law And Practice, Mark A. Graber

William & Mary Law Review

The Supreme Court exercises far less constitutional authority in American law and practice than one would gather from reading judicial opinions, presidential speeches, or the standard tomes for and against judicial supremacy. Lower federal court judges, state court justices, federal and state elected officials, persons charged with administering the law, and ordinary citizens often have the final say on particular constitutional controversies or exercise temporary constitutional authority in ways that have more influence on the parties to that controversy than the eventual Supreme Court decision. In many instances, Supreme Court doctrine sanctions or facilitates the exercise of independent constitutional authority …


Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele Nov 2016

Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele

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

This Article first focuses on the history of CSEC (commercially sexually exploited children) legislation in the United States by contextualizing the history of state anti-trafficking laws within the larger anti-trafficking policy framework of federal U.S. statutes and United Nations’ (U.N.) protocols. The second and third sections address the variables, statistical model, and results of our data analysis. The fourth section discusses the implications of these findings. The Article concludes with practical considerations for future CSEC legislative efforts on the state level.


When Sex Trafficking Victims Turn Eighteen: The Problematic Focus On Force, Fraud, And Coercion In U.S. Human Trafficking Laws, Julianne Siegfriedt Nov 2016

When Sex Trafficking Victims Turn Eighteen: The Problematic Focus On Force, Fraud, And Coercion In U.S. Human Trafficking Laws, Julianne Siegfriedt

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

No abstract provided.


The Challenges Of Gaming For Democratic Education: The Case Of Icivics, Jeremy D. Stoddard, Angela M. Banks, Christine L. Nemacheck, Elizabeth Wenska Nov 2016

The Challenges Of Gaming For Democratic Education: The Case Of Icivics, Jeremy D. Stoddard, Angela M. Banks, Christine L. Nemacheck, Elizabeth Wenska

Faculty Publications

Video games are the most recent technological advancement to be viewed as an educational panacea and a force for democracy. However, this medium has particular affordances and constraints as a tool for democratic education in educational environments. This paper presents results from a study of the design and content of four iCivics games and their potential to meet the goals of democratic education. Specifically, we focus on the games as designed experiences, the nature and accuracy of the content, and the nature of intellectual engagement in the games. We find that the games, while easily accessible and aligned with standardized …


A Golden Opportunity: Legal Research Simulation Courses, Leslie A. Street, Shawn G. Nevers Mar 2016

A Golden Opportunity: Legal Research Simulation Courses, Leslie A. Street, Shawn G. Nevers

Library Staff Publications

No abstract provided.


Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green Dec 2014

Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green

Popular Media

No abstract provided.


The Promise And Perils Of Massive Open Online Courses: Moocs And The Role Of Law Librarians, Sara Sampson, Leslie A. Street Feb 2014

The Promise And Perils Of Massive Open Online Courses: Moocs And The Role Of Law Librarians, Sara Sampson, Leslie A. Street

Library Staff Publications

No abstract provided.


Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure Feb 2012

Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure

William & Mary Environmental Law and Policy Review

No abstract provided.


A Comparative Review Of Environmental Policies And Laws Involving Hazardous Private Dams: 'Appropriate' Practice Models For Safe Catchments, John D. Pisaniello Feb 2011

A Comparative Review Of Environmental Policies And Laws Involving Hazardous Private Dams: 'Appropriate' Practice Models For Safe Catchments, John D. Pisaniello

William & Mary Environmental Law and Policy Review

Generally, the world’s largest dams have been erected and managed
by governments, while individual owners have been responsible for private
dams. Both kinds of dams have experienced technical failures that
have resulted in tragic losses of life as well as disastrous damage to property
and environment, and this has generated serious concerns regarding
dams’ safety worldwide. In Australia, despite the fact that attention has
been focused on the physical and technical integrity of medium- to largescale
dams, the smaller private dams have been virtually ignored with
regard to their serious potential and actual problems. Specifically, private
dams pose threats to …


Section 2: 2008 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2008

Section 2: 2008 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.