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Articles 601 - 630 of 1247
Full-Text Articles in Entire DC Network
Incremental Independence: Conforming The Law To The Process Of Adolescence, Megan E. Hay
Incremental Independence: Conforming The Law To The Process Of Adolescence, Megan E. Hay
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Impact Of Feedlot Waste On Water Pollution Under The National Pollutant Discharge Elimination System (Npdes), Kate Celender
The Impact Of Feedlot Waste On Water Pollution Under The National Pollutant Discharge Elimination System (Npdes), Kate Celender
William & Mary Environmental Law and Policy Review
No abstract provided.
Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs
Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs
Faculty Publications
In this article, the author describes the flaws inherent in the process of international criminal tribunals which seek to punish the inhumane actions of dictators. The author first describes how international criminal trials confront severe impediments to accurate factfinding. It continues on to discuss the failure of witnesses in these tribunals to accurately convey the information needed to make a fully- informed decision. This problem is compounded by the fact that what clear information is provided during witness testimony often is inconsistent with the information that the witness previously provided in a pre-trial statement. The author also explores the causes …
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Faculty Publications
This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed that misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who have committed serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.
Judicial Confusion And Inconsistency In Handling Juror Misconduct: A New Proposal, Kristen D. Clardy
Judicial Confusion And Inconsistency In Handling Juror Misconduct: A New Proposal, Kristen D. Clardy
William & Mary Bill of Rights Journal
No abstract provided.
The Docket (February 27, 2009), William & Mary Law School
The Docket (February 27, 2009), William & Mary Law School
The Docket
No abstract provided.
Judging Vanessa: Norm Setting And Deviance In The Law Of Motherhood, Michelle Oberman
Judging Vanessa: Norm Setting And Deviance In The Law Of Motherhood, Michelle Oberman
William & Mary Journal of Race, Gender, and Social Justice
This article, by an author who has devoted over a decade to the study of women whom the law deems "bad" mothers, undertakes a more probing consideration of what truly separates the deviant mother from the "good" mother. In this article, she exposes the flaws in a binary classification of mothers as either "good" or "bad." She accomplishes this task by juxtaposing the stories, both legal and personal, of Vanessa, a woman whom society has judged to be a "bad" mother, and the author, a mother most in society would view as "good." In the end, the author not only …
Rhetoric Versus Reality: The Jurisdiction Of Rape, The Indian Child Welfare Act, And The Struggle For Tribal Self-Determination, Maire Corcoran
Rhetoric Versus Reality: The Jurisdiction Of Rape, The Indian Child Welfare Act, And The Struggle For Tribal Self-Determination, Maire Corcoran
William & Mary Journal of Race, Gender, and Social Justice
This note examines the rape crisis affecting Native American women today and the jurisdictional issues that affect how and whether tribes may prosecute and punish rapists. This note also examines the efficacy of the Indian Child Welfare Act (ICWA) in preventing inappropriate removal of Native children from their tribal environment. A comparison of these two subjects reveals that, although tribes are theoretically experiencing an era of tribal "self-determination," federal Indian law and policy, both old and new, continue to prevent tribes from achieving health and independence. Ultimately, the note concludes that a true solution to the problems affecting tribes can …
When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine
When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine
William & Mary Journal of Race, Gender, and Social Justice
This article describes the origins, design, and implications of a new study exploring female-perpetrated statutory rape against adolescent boys in the United States. In contrast to both legal frameworks, which typically regard statutory rape as a male-on-female phenomenon, and existing literature from the fields of psychology and psychiatry derived from clinical samples and sex offender registries, this study examines the incidence of female-perpetrated statutory rape using data from electronic news reports covering the period 1990-2008. In this short article, the author explains the advantages of her approach over those taken by prior scholars, in terms of the size of the …
Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz
Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Shaping International Law, William & Mary Law School
Shaping International Law, William & Mary Law School
Promotional Materials
No abstract provided.
Admissions Brochure 2009-2010, William & Mary Law School
Admissions Brochure 2009-2010, William & Mary Law School
Admissions Brochures
No abstract provided.
Saving Money For Everyone: The Current Economic Crisis Is An Opportunity To Get Serious About Improving Juror Utilization, Paula Hannaford-Agor
Saving Money For Everyone: The Current Economic Crisis Is An Opportunity To Get Serious About Improving Juror Utilization, Paula Hannaford-Agor
Faculty Publications
The current economic crisis provides an opportunity for courts to improve juror utilization, potentially saving tens of thousands of dollars per year in unnecessary expenses incurred for unused jurors and hundreds of thousands of dollars in lost income and lost productivity incurred by jurors, their employers, and their communities.
Proportional Deportation, Angela M. Banks
Sovereignty, Deference, And Deportation: Allocating And Enforcing Immigrants' Rights In The United States And Europe, Angela M. Banks
Sovereignty, Deference, And Deportation: Allocating And Enforcing Immigrants' Rights In The United States And Europe, Angela M. Banks
Faculty Publications
No abstract provided.
Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus
Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus
Faculty Publications
No abstract provided.
Report Of William & Mary Marshall-Wythe School Of Law 2008-09, William & Mary Law School
Report Of William & Mary Marshall-Wythe School Of Law 2008-09, William & Mary Law School
Annual Report
No abstract provided.
Course Schedule Spring 2009, William & Mary Law School
Course Schedule Spring 2009, William & Mary Law School
Course Information
No abstract provided.
I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds
I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds
William & Mary Law Review
No abstract provided.
Table Of Contents (V. 50, No. 3)
State Regulation Of Sexuality In International Human Rights Law And Theory, Aaron Xavier Fellmeth
State Regulation Of Sexuality In International Human Rights Law And Theory, Aaron Xavier Fellmeth
William & Mary Law Review
In Part I, this Article presents the first published, worldwide survey of international practice in interpreting and applying various international human rights norms to the issue of sexual freedom, with a special emphasis on the rights to privacy, family life, and freedom from arbitrary discrimination based on sexual orientation. Although progress toward general recognition of such rights by international authorities and states has been extremely rapid over a very short period, such recognition continues to vary geographically and according to the subject matter. For example, some rights, such as the right to consensual, adult, private intercourse have achieved more widespread …
Circumventing Congress: How The Federal Courts Opened The Door To Impeaching Criminal Defendants With Prior Convictions, Jeffrey Bellin
Circumventing Congress: How The Federal Courts Opened The Door To Impeaching Criminal Defendants With Prior Convictions, Jeffrey Bellin
Faculty Publications
This Article spotlights the flawed analytical framework at the heart of the federal courts’ approach to one of the most controversial trial practices in American criminal jurisprudence — the admission of prior convictions to impeach the credibility of defendants who testify. As the Article explains, the flawed approach is a byproduct of the courts’ reliance on a five-factor analytical framework to implement the governing legal standard enacted by Congress in Federal Rule of Evidence 609. Tracing the evolution of the fivefactor framework from its roots in pre-Rule 609 case law, the Article demonstrates that the courts’ reinterpretation of the framework …
How Wide Should The Actual Innocence Gateway Be? An Attempt To Clarify The Miscarriage Of Justice Exception For Federal Habeas Corpus Proceedings, Jennifer Gwynne Case
How Wide Should The Actual Innocence Gateway Be? An Attempt To Clarify The Miscarriage Of Justice Exception For Federal Habeas Corpus Proceedings, Jennifer Gwynne Case
William & Mary Law Review
No abstract provided.
Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle
Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle
William & Mary Law Review
No abstract provided.
The Docket (October 17, 2008), William & Mary Law School
The Docket (October 17, 2008), William & Mary Law School
The Docket
No abstract provided.
Changing State Laws To Prohibit The Display Of Hangman's Nooses: Tightening The Knot Around The First Amendment?, Allison Barger
Changing State Laws To Prohibit The Display Of Hangman's Nooses: Tightening The Knot Around The First Amendment?, Allison Barger
William & Mary Bill of Rights Journal
No abstract provided.
Creeping By Moonlight: A Look At Civil Commitment Laws For Sexually Violent Predators Through The Lens Of The Yellow Wallpaper, Heather R. Willis
Creeping By Moonlight: A Look At Civil Commitment Laws For Sexually Violent Predators Through The Lens Of The Yellow Wallpaper, Heather R. Willis
William & Mary Journal of Race, Gender, and Social Justice
This note examines the constitutional and social implications of the civil commitment of sexually violent predators in the United States. These commitments are implemented on sexual offenders deemed too dangerous to be placed back into society after serving prison sentences and have been gaining popularity across the United States. Currently, these commitments are considered constitutional in limited circumstances by the Supreme Court, but while these commitments are meant for only the most dangerous and least controllable individuals, the public reaction to sexual offenses increases the possibility these commitments will be misused. As a part of examining this commitment process, this …
Maintaining The Presumption Of Innocence In Date Rape Trials Through The Use Of Language Orders: State V. Safi And The Banning Of The Word "Rape", Jason Wool
William & Mary Journal of Race, Gender, and Social Justice
This note evaluates the use of language orders in date rape trials in which the defense is consent through a case study of State v. Safi, in which Tory Bowen claims that Pamir Safi date raped her. In that case, the trial judge granted a motion by the defense to prevent the prosecution and any of their witnesses from using words such as "rape" and "sexual assault." Using State v. Safi as a starting point, the author examines the use of such trial orders from the perspective of both defendants and victims. The author concludes that a modified version of …
Rethinking Drug Inadmissibility, Nancy Morawetz
Rethinking Drug Inadmissibility, Nancy Morawetz
William & Mary Law Review
Changes in federal statutory policy, state criminal justice laws, and federal enforcement initiatives have led to an inflexible and zero tolerance immigration policy with respect to minor drug use. This Article traces the evolution of the statutory scheme and how various provisions in state and federal law interact to create the current policy. It proceeds to investigate the broad reach of these rules if they are fully enforced, in light of the widespread lifetime experience with minor drug use both in the United States and abroad. Drawing on the experience of law enforcement agencies that have abandoned similarly rigid rules, …
Death By A Thousand Cases: After Booker, Rita, And Gall, The Guidelines Still Violate The Sixth Amendment, David C. Holman
Death By A Thousand Cases: After Booker, Rita, And Gall, The Guidelines Still Violate The Sixth Amendment, David C. Holman
William & Mary Law Review
No abstract provided.