The Empirical Irony Of The Conflict Between Antidiscrimination And Religious Freedom,
2019
William & Mary Law School
The Empirical Irony Of The Conflict Between Antidiscrimination And Religious Freedom, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Law, Religious Change, And Samesex Marriage Posted On,
2019
William & Mary Law School
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Doux Commerce, Religion, And The Limits Of Antidiscrimination Law,
2019
William & Mary Law School
Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman
Nathan B. Oman
Recent cases involving religious businesses owners who object to providing services for same-sex weddings and resulting lawsuits have generated a vigorous academic and popular debate. That debate centers in part on the proper role of religion in the market. This article develops three theories of the proper relationship between commerce and religion and applies them to these conflicts. The first approach would apply the norms of liberal democratic governments to market actors. The second approach posits that any market outcome is legitimate so long as it results from voluntary contracts. These approaches yield contradictory and indeterminate advice on the conflicts …
Reinventing Bakke,
2019
William & Mary Law School
Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?,
2019
William & Mary Law School
Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese
Alan J. Meese
No abstract provided.
Judicial Review And Nongeneralizable Cases,
2019
William & Mary Law School
Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese
Alan J. Meese
No abstract provided.
Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right,
2019
William & Mary Law School
Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus
Paul Marcus
No abstract provided.
The Right To Counsel In Criminal Cases, A National Crisis,
2019
William & Mary Law School
The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus
Paul Marcus
No abstract provided.
Privacy,
2019
William & Mary Law School
The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination,
2019
William & Mary Law School
The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone
Linda A. Malone
No abstract provided.
The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain,
2019
William & Mary Law School
The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain, Linda A. Malone
Linda A. Malone
The Supreme Court’s jurisprudence regarding the death penalty, whether or not cruel, has most certainly been unusual in the annals of criminal punishment. In the short span of four years, the Court foreclosed and then reopened this form of punishment in Furman v. Georgia and Gregg v. Georgia. One year later the Court would categorically exclude the punishment for the rape of an adult. Five years later the Court would again preclude the punishment, for any defendant convicted of felony-murder who did not participate or share in the homicidal act or intent. In 1986 the Court would struggle with …
Book Review Of Law, Gender And Injustice: A Legal History Of U.S. Women,
2019
William & Mary Law School
Book Review Of Law, Gender And Injustice: A Legal History Of U.S. Women, Linda A. Malone
Linda A. Malone
No abstract provided.
The Law Of Reputation And The Interest Of The Audience,
2019
William & Mary Law School
The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann
Laura A. Heymann
Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task reserved to others. Reputation is fundamentally a social concept; it does not exist until a community collectively forms a judgment about an individual or firm that has the potential to guide the community’s future interactions. Despite reputation’s relational nature, discussions of the law’s interest in reputation tend to focus on one of two parties: the individual or …
How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide,
2019
William & Mary Law School
How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann
Laura A. Heymann
No abstract provided.
Qualified Immunity And Constitutional Structure,
2019
William & Mary Law School
Qualified Immunity And Constitutional Structure, Katherine Mims Crocker
Katherine Mims Crocker
A range of scholars has subjected qualified immunity to a wave of criticism— and for good reasons. But the Supreme Court continues to apply the doctrine in ever more aggressive ways. By advancing two claims, this Article seeks to make some sense of this conflict and to suggest some thoughts toward a resolution.
First, while the Court has offered and scholars have rejected several rationales for the doctrine, layering in an account grounded in structural constitutional concerns provides a historically richer and analytically thicker understanding of the current qualified-immunity regime. For suits against federal officials, qualified immunity acts as a …
Widening Batson's Net To Ensnare More Than The Unapologetically Bigoted Or Painfully Unimaginative Attorney,
2019
William & Mary Law School
Widening Batson's Net To Ensnare More Than The Unapologetically Bigoted Or Painfully Unimaginative Attorney, Jeffrey Bellin, Junichi P. Semitsu
Jeffrey Bellin
In Snyder v. Louisiana, the Supreme Court reaffirmed its commitment to rooting out racially discriminatory jury selection and its belief that the three-step framework established in Batson v. Kentucky is capable of unearthing racially discriminatory peremptory strikes. Yet the Court left in place the talismanic protection available to those who might misuse the peremptory challenge—the unbounded collection of justifications that courts, including the Supreme Court, accept as “race neutral.”
To evaluate the Court’s continuing faith in Batson, we conducted a survey of all federal published and unpublished judicial decisions issued in this first decade of the new millennium (2000–2009) that …
It's Still Too Easy To Push Blacks, Minorities Off Of Juries,
2019
William & Mary Law School
It's Still Too Easy To Push Blacks, Minorities Off Of Juries, Jeffrey Bellin
Jeffrey Bellin
No abstract provided.
Brief Of Amici Curiae Professors Of Law In Support Of Petitioner,
2019
Duke Law School
Brief Of Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Darryl K. Brown, Robert P. Burns, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar, Jessica L. West
Jeffrey Bellin
No abstract provided.
Brief For Amici Curiae Professors Of Law In Support Of Petitioner,
2019
Duke Law School
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Jeffrey Bellin
No abstract provided.
Integration And Local Politics,
2019
William & Mary Law School
