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
Don't Write Off The Reagan Social Agenda,
2019
William & Mary Law School
Don't Write Off The Reagan Social Agenda, Neal Devins
Neal E. Devins
No abstract provided.
Explaining Grutter V. Bollinger,
2019
William & Mary Law School
Group Versus Individuals,
2019
William & Mary Law School
Gender Justice And Its Critics,
2019
William & Mary Law School
Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools,
2019
William & Mary Law School
Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Book Review Of The Separate City: Black Communities In The Urban South,
2019
William & Mary Law School
Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Victory By Litigation Would Be Hollow: Front Burner,
2019
William & Mary Law School
Victory By Litigation Would Be Hollow: Front Burner, James G. Dwyer
James G. Dwyer
No abstract provided.
The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage,
2019
William & Mary Law School
The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer
James G. Dwyer
No abstract provided.
Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights,
2019
William & Mary Law School
Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer
James G. Dwyer
The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …
Defining Effective Civil Rights Enforcement In Education,
2019
William & Mary Law School
Defining Effective Civil Rights Enforcement In Education, Neal Devins
Neal E. Devins
No abstract provided.
Closing The Classroom Door On Civil Rights,
2019
William & Mary Law School
Closing The Classroom Door On Civil Rights, Neal Devins
Neal E. Devins
No abstract provided.
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage,
2019
William & Mary Law School
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Neal E. Devins
No abstract provided.
