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Articles 1 - 29 of 29
Full-Text Articles in Entire DC Network
Chevron's Consensus, Evan J. Criddle
Recent Developments In Federal Income Taxation, Ira B. Shepard
Recent Developments In Federal Income Taxation, Ira B. Shepard
William & Mary Annual Tax Conference
No abstract provided.
Involuntary Endogenous Rfid Compliance Monitoring As A Condition Of Federal Supervised Release - Chips Ahoy?, Isaac B. Rosenberg
Involuntary Endogenous Rfid Compliance Monitoring As A Condition Of Federal Supervised Release - Chips Ahoy?, Isaac B. Rosenberg
W&M Law Student Publications
Among the many cutting edge technologies law enforcement agencies increasingly covet is radio frequency identification ("RFID"). Researchers predict RFID will become the most pervasive computer technology in history. Among the more extraordinary and controversial government uses of RFID-and the focus of this Paper-include implantation of subdermal RFID transmitters. Privacy concerns abound. Not surprisingly, critics and privacy advocates are wary of subdermal RFID implants, fearful that only afine line separates relatively innocuous, voluntary implantation from arbitrary government-mandated implantation. But for involuntary implantation of RFID chips to take root, government implantation programs would have to start on the small scale, targeting the …
Diversifying America's Energy Future: The Future Of Renewable Wind Power, Ronald H. Rosenberg
Diversifying America's Energy Future: The Future Of Renewable Wind Power, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
A Darwinist View Of The Living Constitution, Scott Dodson
A Darwinist View Of The Living Constitution, Scott Dodson
Faculty Publications
The metaphor of a “living” Constitution imports terms from biology into law and, in the process, relies on biology for its meaning. A proper understanding of biology is therefore central to understanding the idea of “living” constitutionalism. Yet despite its rampant use by both opponents and proponents of living constitutionalism, and despite the current fervent debate over whether biology can be useful to the law, no one has evaluated the metaphor from a biological perspective. This Essay begins that inquiry in an interdisciplinary study of law, science, and philology. The Essay first evaluates the metaphor as it is currently used …
What Is Urban Health Policy And What's Law Got To Do With It?, Larry I. Palmer
What Is Urban Health Policy And What's Law Got To Do With It?, Larry I. Palmer
Faculty Publications
No abstract provided.
2008-2009 Supreme Court Preview: Schedule, Institute Of Bill Of Rights Law, William & Mary Law School
2008-2009 Supreme Court Preview: Schedule, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 2: 2008 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: 2008 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Bluebook, Citations, And All That Jazz, Frederick W. Dingledy
Bluebook, Citations, And All That Jazz, Frederick W. Dingledy
Library Staff Publications
No abstract provided.
The Significance (If Any) For The Federal Criminal Justice System Of Advances In Lie Detector Technology, Jeffrey Bellin
The Significance (If Any) For The Federal Criminal Justice System Of Advances In Lie Detector Technology, Jeffrey Bellin
Faculty Publications
Against a backdrop of accelerating developments in the science of lie detection certain to reopen the debate on the reliability and therefore admissibility of lie detector evidence in the federal courts, this Article examines whether the prohibition on hearsay evidence (or other evidentiary objections) will preclude admissibility of even scientifically reliable lie detector evidence. The Article concludes that the hearsay prohibition, which has been largely ignored by courts and commentators, is the primary obstacle to the future admission of scientifically valid lie detector evidence. The Article also suggests a potential solution to the hearsay problem that may allow admission of …
Impractically Obscure? Privacy And Courtroom Proceedings In Light Of Webcasting And Other New Technologies, Fredric I. Lederer, Rebecca Green
Impractically Obscure? Privacy And Courtroom Proceedings In Light Of Webcasting And Other New Technologies, Fredric I. Lederer, Rebecca Green
Popular Media
No abstract provided.
Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann
Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann
Faculty Publications
No abstract provided.
Enhancing Courtroom Presentation Through Technology, Fredric I. Lederer
Enhancing Courtroom Presentation Through Technology, Fredric I. Lederer
Popular Media
No abstract provided.
Courtroom Technology, Fredric I. Lederer, Tom O'Connor, Timothy A. Piganelli
Courtroom Technology, Fredric I. Lederer, Tom O'Connor, Timothy A. Piganelli
Popular Media
No abstract provided.
Does Dworkin Commit Dworkin’S Fallacy?: A Reply To Justice In Robes, Michael S. Green
Does Dworkin Commit Dworkin’S Fallacy?: A Reply To Justice In Robes, Michael S. Green
Faculty Publications
In an article entitled ‘Dworkin’s Fallacy, Or What the Philosophy of Language Can’t Teach Us about the Law’, I argued that in Law’s Empire Ronald Dworkin misderived his interpretive theory of law from an implicit interpretive theory of meaning, thereby committing ‘Dworkin’s fallacy’. In his recent book, Justice in Robes, Dworkin denies that he committed the fallacy. As evidence he points to the fact that he considered three theories of law—‘conventionalism’, ‘pragmatism’ and ‘law as integrity’—in Law’s Empire. Only the last of these is interpretive, but each, he argues, is compatible with his interpretive theory of meaning, which he describes …
Entrepreneurs On Horseback: Reflections On The Organization Of Law, Darian M. Ibrahim, D. Gordon Smith
Entrepreneurs On Horseback: Reflections On The Organization Of Law, Darian M. Ibrahim, D. Gordon Smith
Faculty Publications
“Law and entrepreneurship” is an emerging field of study. Skeptics might wonder whether law and entrepreneurship is a variant of that old canard, the Law of the Horse. In this Essay, we defend law and entrepreneurship against that charge and urge legal scholars to become even more engaged in the wide-ranging scholarly discourse regarding entrepreneurship. In making our case, we argue that research at the intersection of entrepreneurship and law is distinctive. In some instances, legal rules and practices are tailored to the entrepreneurial context, and in other instances, general rules of law find novel expression in the entrepreneurial context. …
An Informational Approach To The Mass Imprisonment Problem, Adam M. Gershowitz
An Informational Approach To The Mass Imprisonment Problem, Adam M. Gershowitz
Faculty Publications
The United States is plagued by the problem of mass imprisonment, with its prison population having risen by 500% in the last three decades. Because the overwhelming majority of criminal cases are resolved through plea bargaining, there is room for prosecutors to reduce mass imprisonment by exercising their wide discretion. At present, prosecutors likely do not give much consideration to the overcrowding of America 's jails and prisons when making their plea bargain offers. However, if prosecutors were regularly advised of such overcrowding they might offer marginally lower sentences across the board. For instance, a prosecutor who typically offers a …
A Tribute To Robert L. Oakley, James S. Heller
A Tribute To Robert L. Oakley, James S. Heller
Library Staff Publications
No abstract provided.
Ideological Cohesion And Precedent (Or Why The Court Only Cares About Precedent When Most Justices Agree With Each Other), Neal Devins
Faculty Publications
This Article examines the profound role that ideological cohesion plays in explaining the Supreme Court's willingness to advance a coherent vision of the law - either by overruling precedents inconsistent with that vision or by establishing rule-like precedents intended to bind the Supreme Court and lower courts in subsequent cases. Through case studies of the New Deal, Warren, and Rehnquist Courts, this Article calls attention to key differences between Courts in which five or more Justices pursue the same substantive objectives and Courts which lack a dominant voting block. In particular, when five or more Justices pursue the same substantive …
Exporting American Legal Education, James E. Moliterno
Exporting American Legal Education, James E. Moliterno
Faculty Publications
No abstract provided.
Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein
Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
Not-So-Independent Agencies: Party Polarization And The Limits Of Institutional Design, Neal Devins, David E. Lewis
Not-So-Independent Agencies: Party Polarization And The Limits Of Institutional Design, Neal Devins, David E. Lewis
Faculty Publications
No abstract provided.
The Challenge Of Comparative Civil Procedure, Scott Dodson
The Challenge Of Comparative Civil Procedure, Scott Dodson
Faculty Publications
This Essay reviews Civil Litigation in Comparative Context (West 2007), by Oscar G. Chase, Helen Hershkoff, Linda Silberman, Yasuhei Taniguchi, Vincenzo Varano, and Adrian Zuckerman. It also identifies some areas of exceptionalist American civil procedure that recently have been converging towards global norms and argues that those convergences, if they continue, could render comparative studies particularly meaningful.
Law And Governance In The 21st Century Regulatory State, Jason M. Solomon
Law And Governance In The 21st Century Regulatory State, Jason M. Solomon
Faculty Publications
No abstract provided.
Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton
Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton
Faculty Publications
No abstract provided.
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
Faculty Publications
No abstract provided.
Narcissism, Over-Optimism, Fear, Anger, And Depression: The Interior Lives Of Corporate Leaders, Jayne W. Barnard
Narcissism, Over-Optimism, Fear, Anger, And Depression: The Interior Lives Of Corporate Leaders, Jayne W. Barnard
Faculty Publications
No abstract provided.
Unintelligent Design In Contract, Peter A. Alces
Unintelligent Design In Contract, Peter A. Alces
Faculty Publications
Scholars have expended considerable energy in the effort to "discover" a normative theory of Contract. This Article surveys that effort and concludes that something fundamental about Contract has been missed and has frustrated the search from the outset. Succinctly, Contract doctrine resists the neat formulation theory requires. Theorists' perspectives on Contract may be generalized as attempts to impute either deontology or consequentialism to the Contract law. Focusing largely on deontological constructions of Contract, this Article demonstrates the inconsistencies among the extant heuristics-promise, reliance, and transfer-and more importantly, the failure of any of those constructions to provide a coherent explanation of …