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The Good Cop: Knowing The Difference Between Lawful Or Effective Policing And Rightful Policing — And Why It Matters, Tracey L. Meares

William & Mary Law Review

My Essay will proceed in four parts. First, I will lay out the two often-used metrics of police evaluation, lawfulness and crimefighting effectiveness. Next, I will explain the theoretical foundation underlying the third way, which is what I am calling rightful policing. In the third Section, I will present an overview of empirical work that I have done in collaboration with my colleague, Tom Tyler, and others. This work demonstrates that ordinary people care a great deal about the theoretical precepts underlying rightful policing. In the Essay’s last Section, I will conclude with some implications of both the theory and …

Secure Communities: Burdening Local Law Enforcement And Undermining The U Visa, Lindsey J. Gill

William & Mary Law Review

No abstract provided.

Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus

Faculty Publications

No abstract provided.

The First Day Of Criminal Law: Forgetting Everything You Thought You Already Knew, Kami Chavis Simmons

Faculty Publications

Whether from the media or the seemingly endless rotation of Law and Order episodes, many students enter law school with a great deal of knowledge about important concepts that dominate Criminal Law, including murder, manslaughter, conspiracy, self-defense, or insanity. This familiarity with criminal law presents a dual challenge for students and professors alike. First, as future lawyers, they must force themselves to think critically about these familiar topics, and despite their basic knowledge of the criminal justice system, students quickly learn that there is much more to criminal law than meets the eye. Second, part of this critical analysis requires …

Course Schedule Spring 2013, William & Mary Law School

Course Information

No abstract provided.

Nonmarket Values In Family Businesses, Benjamin Means

William & Mary Law Review

Despite the economic importance of family businesses, legal scholarship has often overlooked their distinctive character. Instead, scholars focus on the chosen form of business organization— partnership, corporation, LLC—and assume that the participants are economically rational actors who seek to maximize their individual preferences. This Article contends that family businesses are extensions of family relationships and that nonmarket values affect their goals and governance choices.

Just as family law scholars have shown that contract principles can be applied to regulate intimate relationships, corporate law scholars should recognize that the intimacy of family life often substitutes for arm’s length bargaining in family …

Transcending The Criminal Law's "One Size Fits All" Response To Domestic Violence, Hannah Brenner

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

Domestic violence is no longer a private matter confined within the four walls of the home. The shift from private to public is connected with marked progress within the legal system, which strives to protect victims and hold batterers accountable through a myriad of specific responses that have ranged from attitudinal and logistical shifts from law enforcement to increased attention within legal education to a general acknowledgment of the impact of domestic violence on individual victims, children, families, and the broader community to the passage of federal and state legislation.

The state legislative landscape has historically centered around a very …

Admissions Brochure 2013-2014, William & Mary Law School

Admissions Brochures

No abstract provided.

First, Do No Harm: On Addressing The Problem Of Implicit Bias In Juror Decision Making, Jennifer K. Elek, Paula Hannaford-Agor

Faculty Publications

Courts have extremely limited opportunities to educate jurors about the pernicious effects of complex psychological phenom­ena like implicit bias and how these implicit forms of bias may distort jurors' interpretation of trial evidence. This article focuses on several of these interventions and the factors that may increase or undermine their effectiveness. Most Americans are aware of the existence of explicit bias and its effects on decision making generally, but implicit bias is still a relatively new concept about which many people in the justice system are unaware. The first section of this article discusses the difference between explicit bias and …

Workplace Enforcement Workarounds, Stephen Lee

William & Mary Bill of Rights Journal

No abstract provided.

Guns And Membership In The American Polity, Pratheepan Gulasekaram

William & Mary Bill of Rights Journal

No abstract provided.

Dealing With The Past In A Post-Conflict Society: Does The Participation Of Women Matter? Insights From Northern Ireland, Catherine O'Rourke

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

No abstract provided.

Shaping California's Prisons: How The Alternative Custody Program, Designed To Remedy The State's Eighth Amendment Violations In The Prison System, Encroaches On Equal Protection, Emilie A. Whitehurst

William & Mary Bill of Rights Journal

No abstract provided.

Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin

Faculty Publications

No abstract provided.

Texting While Driving Meets The Fourth Amendment: Deterring Both Texting And Warrantless Cell Phone Searches, Adam M. Gershowitz

Faculty Publications

Recent laws criminalizing texting while driving are under-inclusive, ambiguous, and impose light punishments that are unlikely to deter. At the same time, the laws empower police to conduct warrantless searches of drivers’ cell phones. Texting while driving is dangerous and should be punished with stiff fines, possible jail time, license suspensions, and interlock devices that prevent use of phones while driving. However, more severe punishment will not eliminate police authority to conduct warrantless cell phone searches. This Article therefore proposes that legislatures allow drivers to immediately confess to texting while driving in exchange for avoiding a search of their phones. …

Subverting Symbolism: The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act And Cooperative Federalism, Kami Chavis Simmons

Faculty Publications

Hate crimes continue to persist in the United States and undermine the traditions and values to which the country aspires. Until recently, however, the stringent jurisdictional limitations of existing federal legislation made it difficult for the federal government to prosecute these crimes. In October 2009, President Obama signed into law the Matthew Shepard James Byrd Jr., Hate Crimes Prevention Act (the "HCPA"). The HCPA significantly expands the federal government's authority to prosecute defendants accused of hate crimes because it dispenses with a previous jurisdictional requirement that made it difficult to prosecute many such crimes. The HCPA also represents an expansion …

Section 2: Roberts Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

2012-2013 Supreme Court Preview: Schedule And Panel Members, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Not Wythe Standing: The News (Vol. 3, Issue 8)

Student Newspaper (Amicus, Advocate...)

No abstract provided.

Release As Remedy For Excessive Punishment, Alexander A. Reinert

William & Mary Law Review

Although the Eighth Amendment’s prohibition on “cruel and unusual” punishment means different things in different contexts, it plainly forecloses state and federal actors from choosing ex ante to impose a punishment that is either disproportionate or inconsistent with minimum standards of decency. In other words, the Eighth Amendment mandates that no punishment be imposed if the only other choice on the table is an unconstitutional punishment. Although this principle can be gleaned from the disparate strands of Eighth Amendment jurisprudence, its remedial consequence has not been fully implemented. In this Article, I propose that providing a remedy of release from …

Neuroscience In The Courtroom: An International Concern, Dominique J. Church

William & Mary Law Review

No abstract provided.

Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, Stephen Singer

Faculty Publications

In November 2011, the Journal hosted a symposium on prosecutorial immunity at Loyola University New Orleans College of Law. The symposium included an in-depth analysis of Connick v. Thompson. As part of the symposium, the Journal organized a Panel, the transcript of which follows. This transcript consists of the speakers' remarks along with audience participation and questions. The Journal has attempted to preserve the character and substance of the discussion. While this is not a traditional article, the Journal felt that it would be fitting to include it in its spring volume.

Hugo Black's Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State, Joshua E. Kastenberg

William & Mary Bill of Rights Journal

No abstract provided.

The "Flesh And Blood" Defense, James Erickson Evans

William & Mary Law Review

No abstract provided.

The Good Cop: Knowing The Difference Between Lawful Or Effective Policing And Rightful Policing (And Why It Matters) (Program), Tracey Meares

George Wythe Lecture

No abstract provided.

"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy

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

As the rates of incarceration continue to rise, women are increasingly subject to draconian criminal justice and child welfare policies that frequently result in the loss of their parental rights. The intersection of an increasingly carceral state and federally imposed time-lines for achieving permanency for children in state care has had a negative effect on women, their children, and their communities. Women, and their ability to parent, are more adversely affected by the intersection of these gender-neutral provisions because they are more likely than men to be the primary caretaker of their children. In addition, incarcerated women have higher rates …

Desperate Times Call For Desperate Measures: Reclassifying Drug Possession Offense In Response To The Indigent Defense Crisis, Kaitlin C. Gratton

William & Mary Law Review

No abstract provided.

Admissions Brochure 2012-2013, William & Mary Law School

Admissions Brochures

No abstract provided.

The Curious Relationship Between "Self-Deportation" Policies And Naturalization Rates, Angela M. Banks

Faculty Publications

Governor Mitt Romney has stated that the country’s immigration problems can be solved through “self-deportation.” Arizona, Alabama, Georgia, South Carolina, and Virginia agree. For example, K–12 public schools in Alabama are required to ascertain the immigration status of all enrolling students. Police officers in Arizona, Alabama, Georgia, South Carolina, and Virginia check the immigration status of all individuals booked into jail. These “self-deportation” laws and policies, also known as immigration enforcement through attrition, are designed to discourage and deter unauthorized migration. Yet these policies are having a broader impact; they are creating a hostile context of reception for immigrants regardless …

Stakeholder Participation In The Selection And Recruitment Of Police: Democracy In Action, Kami Chavis Simmons

Faculty Publications

Modem police culture tolerates or cultivates police misconduct and corruption in many ways. Failures to identify, monitor, and discipline "problem" officers; a belief that violence is a necessary part of law enforcement; and the code of silence; are organizational characteristics that need to be addressed in order to remedy organizational failures to hold law enforcement officers accountable. In order to address these cultural characteristics, police departments should carefully select police officers less likely to engage in these behaviors and adhere to these beliefs. Viewed through the lens of stakeholder participation, however, a fundamental shift should occur regarding how these new …