Social and Behavioral Sciences Commons^™

Strong Voices For A Vulnerable Group, Jack T. Brock Ii

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

No abstract provided.

Eternal Recurrence In A Neo-Kantian Context, Michael S. Green

Faculty Publications

In this essay, I argue that someone who adopted a falsificationism of the sort that I have attributed to Nietzsche would be attracted to the doctrine of eternal recurrence. For Nietzsche, to think the becoming revealed through the senses means falsifying it through being. But the eternal recurrence offers the possibility of thinking becoming without falsification. I then argue that someone who held Nietzsche’s falsificationism would see in human agency a conflict between being and becoming similar to that in empirical judgment. In the light of this conflict only the eternal recurrence would offer the possibility of truly affirming life. …

Ehearsay, Jeffrey Bellin

Faculty Publications

No abstract provided.

Cyber-Republicanism, Sarah Tran

William & Mary Law Review

In 1787 at the dawn of our nation, the Founding Fathers were embroiled in a raging debate over the role citizens and special interest groups should play in our political system. The Founding Fathers viewed influence from interest groups as a threat to government decision making, but they differed in their responses to this perceived problem. Proponents of republicanism, one of the dominant conceptions of politics at that time, adopted an optimistic approach. They anticipated that government leaders and citizens, guided by their education and civic virtue, would not allow factional tyranny to flourish. This republican optimism continues to markedly …

When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski

Virginia Coastal Policy Center

No abstract provided.

Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn

Virginia Coastal Policy Center

No abstract provided.

The Dillon Rule And Local Government Authority: An Overview Of The Issues, Ronald H. Rosenberg

2013, Adaptive Planning for Flooding and Coastal Change in Virginia

Legal Issues: Between a Rock and Hard Place? Local Government Authority, Duties, and Regulatory Responsibilities

Maintaining Services: A Duty Today, Potential Issues Tomorrow?, Shana Jones, Chris Olcott

2013, Adaptive Planning for Flooding and Coastal Change in Virginia

Legal Issues: Between a Rock and Hard Place? Local Government Authority, Duties, and Regulatory Responsibilities

Understanding Lucas And Related “Takings” Law: Would Rebuilding Restrictions After A Storm Event Result In A “Total Economic Wipeout” And Constitute A “Takings”?, Sharon Pandak

2013, Adaptive Planning for Flooding and Coastal Change in Virginia

Legal Issues Continued: Property Rights and “Takings” Issues for Local Governments

The Supreme Court’S Recent “Takings” Cases: The Koontz And Arkansas Decisions -- What Do They Mean For Local Government?, Lynda L. Butler

2013, Adaptive Planning for Flooding and Coastal Change in Virginia

Legal Issues Continued: Property Rights and “Takings” Issues for Local Governments

Coastal Flooding From The Locality's Perspective, Mayor Paul Fraim, Paul Fraim

2013, Adaptive Planning for Flooding and Coastal Change in Virginia

Coastal Flooding from the Locality's Perspective: Challenges and Concerns

The purpose of this session is to provide city leadership the opportunity to identify and explain some of the most challenging policy and infrastructure concerns they face as they plan for and address flooding and storm surge problems.

Framing The Legal Problems: Is A Holistic Strategy For Managing Stormwater, Flooding, And The Bay Tmdl Possible Or Advisable?, Henry R. Pollard

2013, Adaptive Planning for Flooding and Coastal Change in Virginia

Legal Issues: Between a Rock and Hard Place? Local Government Authority, Duties, and Regulatory Responsibilities

Coastal Flooding From The Locality's Perspective, Mayor Will Sessoms, Will Sessoms

2013, Adaptive Planning for Flooding and Coastal Change in Virginia

Coastal Flooding from the Locality's Perspective: Challenges and Concerns

The purpose of this session is to provide city leadership the opportunity to identify and explain some of the most challenging policy and infrastructure concerns they face as they plan for and address flooding and storm surge problems.

On Hart's Category Mistake, Michael S. Green

Faculty Publications

This essay concerns Scott Shapiro’s criticism that H.L.A. Hart’s theory of law suffers from a “category mistake.” Although other philosophers of law have summarily dismissed Shapiro’s criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro’s planning theory of law is that it can explain this phenomenon. Despite these sympathies, however, I end with the suggestion that Shapiro’s criticism of Hart, as it stands, is …

Do Androids Dream Of Electric Books?, James S. Heller

Library Staff Publications

No abstract provided.

Copyright In Libraries: 21st Century Challenges...And Opportunities, James S. Heller

Library Staff Publications

No abstract provided.

New Trends And Concepts In Law Library Services: Institutional Repositories, Lauren Seney

Library Staff Publications

No abstract provided.

Crossing The Line?: Copyright For Libraries, Frederick W. Dingledy

Library Staff Publications

No abstract provided.

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

Library Staff Publications

No abstract provided.

Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet

Virginia Coastal Policy Center

No abstract provided.

A Brief Guide To Finding International Treaties, Jennifer Sekula

Library Staff Publications

No abstract provided.

Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn

Virginia Coastal Policy Center

No abstract provided.

The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott

Virginia Coastal Policy Center

No abstract provided.

Charities In Politics: A Reappraisal, Brian Galle

William & Mary Law Review

Federal law significantly limits the political activities of charities, but no one really knows why. In the wake of Citizens United, the absence of any strong normative grounding for the limits may leave the rules vulnerable to constitutional challenge. This Article steps into that breach, offering a set of policy reasons to separate politics from charity. I also sketch ways in which my more precise exposition of the rationale for the limits helps guide interpretation of the complex legal rules implementing them.

Any defense of the political limits begins with significant challenges because of a long tradition of scholarly criticism …

Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton

Popular Media

No abstract provided.

Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Popular Media

No abstract provided.

(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie

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

Despite limited growth in legal protections for transgender people, dress and appearance are largely treated as unprotected matters of personal preference. In response, lawyers and scholars argue that dress and appearance are intimately connected to the expression of identity. Nonetheless, courts have generally deferred to the government’s proffered justifications for these laws.

This article refocuses on the government’s alleged interests in regulating gender nonconformity. Using a First Amendment analysis, the article reveals how seemingly neutral government interests are used to single out conduct because it expresses messages of gender nonconformity. This approach avoids impossible questions about the subjective intent of …

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 editions contained …

Petitions, Privacy, And Political Obscurity, Rebecca Green

Faculty Publications

People who sign petitions must accept disclosure of their political views. This conclusion rests on the seemingly uncontroversial (if circular) premise that petition signing is a public activity. Courts have thus far shown little sympathy for individuals who take a public stand on an issue by signing a petition and then assert privacy claims after the fact. Democracy, after all, takes courage, as Justice Scalia wrote in the petitioning disclosure case Doe v. Reed. But signing a petition today brings consequences beyond public criticism. The real threat of disclosure for modern petition signers is not tangible harassment, but the loss …