Digital Commons Network^™

The Supreme Court's Backwards Proportionaility Jurisprudence: Comparing Judicial Review Of Excessive Criminal Punishments And Excessive Punitive Damages Award, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Investigatory Practices And The Changing Entrapment Defense, Paul Marcus

Faculty Publications

No abstract provided.

The Amicus Curiae (Vol. 10, Issue 8)

Student Newspaper (Amicus, Advocate...)

No abstract provided.

Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf

William & Mary Bill of Rights Journal

Exploring the role of the judicial branch of the federal government in Clinton-era executive privilege claims, Neil Kinkopf suggests that courts have misunderstood executive privilege. Professor Kinkopf points out that federal courts have given different treatment to executive privilege claims asserted in judicial and congressional arenas, protecting the Judiciary from encroachment by the executive branch, while avoiding becoming involved in controversies among the political branches. He argues that the judicial confusion about executive privilege stems from the fact that courts have interpreted cases such as Clinton v. Jones to be about the separation of powers between the executive and judicial …

A Strategy For Mercy, Robert L. Misner

William & Mary Law Review

No abstract provided.

The Amicus Curiae (Vol. 10, Issue 7)

Student Newspaper (Amicus, Advocate...)

No abstract provided.

The Dead End Of Deterrence, And Beyond, Kyron Huigens

William & Mary Law Review

No abstract provided.

Enumerated Limits, Normative Principles, And Congressional Overstepping: Why The Civil Rights Provision Of The Violence Against Women Act Is Unconstitutional, Troy Robert Rackham

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

No abstract provided.

The Docket (March 13, 2000), William & Mary Law School

The Docket

No abstract provided.

The Timing Of Opinion Formation By Jurors In Civil Cases: An Empirical Examination, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman

Faculty Publications

Although researchers have thoroughly examined juror decision making in laboratory experiments, the point at which jurors form opinions in actual jury trials remains cloaked in mystery. Recently, however, that cloak was lifted enough to provide a glimpse at the timing of juror opinion formation. The opportunity to do so came in conjunction with an evaluation of a jury reform procedure implemented in Arizona civil trials in 1995. Data collected for the evaluation included the responses of 1,385 jurors from 172 civil trials concerning when they began to form opinions about the case, whether and when they changed their minds about …

Admissions Brochure 2000-2001, William & Mary Law School

Admissions Brochures

No abstract provided.

Assessing The Practicality And Constitutionality Of Alaska's Split-Recovery Punitive Damages Statute, Scott Dodson

Faculty Publications

In 1997, Alaska responded to its reputation for unusually high punitive awardsby amending its punitive damages statuteto require that 50% of any punitive damages award be deposited into the general fund of the state.Such “split-recovery” statutes attempt to reduce some of the plaintiff's windfall by allocating part of the punitive award to the state.Although the plaintiff shares in the award to compensate her for bringing the punitive claim in the first place,the state receives the balance to use for the public benefit.This Note evaluates the practicality and constitutionality of Alaska’s split- recovery statute. Part I reviews the nature and purpose …

Course Schedule Spring 2000, William & Mary Law School

Course Information

No abstract provided.

The Role Of Suspicion In Federal Equal Protection, Paul E. Mcgreal

William & Mary Bill of Rights Journal

Recently, Professor Jed Rubenfeld wrote an essay arguing that the Supreme Court's strict scrutiny test for equal protection works best to "smoke out" the purpose of laws to determine whether they were enacted because of racial bias or preference. Professor Rubenfeld criticized the Court's most recent affirmative action decision in Adarand Constructors, Inc. v. Pena for departing from this "smoking out" approach.

In this Essay, Professor McGreal explores how this "smoking out" process is applied in federal equal protection cases. Counter to Professor Rubenfeld's view, he argues that the Supreme Court did use a "smoking out" approach in Adarand. His …

Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle

William & Mary Law Review

No abstract provided.

Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan

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

No abstract provided.

Institute Of Bill Of Rights Law 1999-2000 Schedule Of Events, Institute Of Bill Of Rights Law At The William & Mary Law School

IBRL Events

No abstract provided.

The World Of Courtroom Technology, Fredric I. Lederer

Faculty Publications

No abstract provided.

Fighting The Devil We Don't Know: Kansas V. Hendricks, A Case Study Exploring The Civilization Of Criminal Punishment And Its Ineffectiveness In Preventing Child Sexual Abuse, Cynthia A. King

William & Mary Law Review

No abstract provided.

Waiver Of The Right To Appeal Sentencing In Plea Agreements With The Federal Government, David E. Carney

William & Mary Law Review

No abstract provided.

Access Denied: Incarcerated Juveniles And Their Right Of Access To Courts, Amy E. Webbink

William & Mary Bill of Rights Journal

In the current flux of an increasingly punitive juvenile justice system, one of the system's great injustices receives little attention. Unconstitutional conditions of confinement for juveniles do not receive appropriate legal exposure. Challenges to these conditions are more difficult in light of the Supreme Court's recent restriction of a prisoner's right of access to the courts. This Note will analyze why a different standard of "meaningful access" is necessary to protect juveniles.

The Loss Of Privacy Is Just A Heartbeat Away: An Exploration Of Government Heartbeat Detection Technology And Its Impact On Fourth Amendment Protections, George M. Dery Iii

William & Mary Bill of Rights Journal

The Department of Energy has developed the "Enclosed Space Detection System" (ESDS), a search tool that enables officials to identify persons hidden inside vehicles at certain sensitive sites, such as nuclear facilities. ESDS operates by measuring the movements in vehicles generated by the beating of an occupant's heart. This Article considers the Fourth Amendment privacy implications caused by the advent of a technology so advanced that it can probe all the way to one's heart. Specifically, this Article critically examines the Supreme Court's Fourth Amendment precedent concerning the definition of a "search" and the application of the "special needs" doctrine …

Shame On You: An Analysis Of Modern Shame Punishment As An Alternative To Incarceration, Aaron S. Book

William & Mary Law Review

No abstract provided.

Admissions Brochure 1999-2000, William & Mary Law School

Admissions Brochures

No abstract provided.

The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green

Faculty Publications

No abstract provided.

How Much Justice Hangs In The Balance? A New Look At Hung Jury Rates, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman

Faculty Publications

This article discusses what is currently known about hung juries based on exist­ing empirical research and examines some preliminary data about the contempo­rary incidence of hung juries in the federal courts and several state courts. The paucity of information on hung jury rates highlights the need for a rigor­ous and system-wide examination that extends beyond the scope of the jury itself and encompasses the insti­tutional characteristics of each juris­diction and how those characteristics affect the types of cases that are pre­sented to juries.

This abstract has been taken from the authors' introduction.

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman

Faculty Publications

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of a field experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experi­ences, and reactions during trial as well as what they perceived to be the benefits and drawbacks of juror discussions. The data revealed that the majority …

The Institute Of Bill Of Rights Law, Institute Of Bill Of Rights Law At The William & Mary Law School

IBRL History

No abstract provided.

Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen J. Wermiel

William & Mary Bill of Rights Journal

The concept of human dignity has emerged in the United States in recent decades as an important theoretical and sometimes practical source of individual rights and liberties. Human dignity is cited in jurisprudential writings and discussed in some court opinions as a means of enhancing the broad phrases of the Bill of Rights and the Fourteenth Amendment. This Essay examines the pivotal role that the late Justice William J. Brennan, Jr., played on the United States Supreme Court in making concepts of human dignity a valued and essential part of rights formulation. This essay explores Justice Brennan 's vision of …

The Amicus (Vol. 9, Issue 3)

Student Newspaper (Amicus, Advocate...)

No abstract provided.