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William & Mary Law School

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The Amicus (Vol. 9, Issue 2) Oct 1998

The Amicus (Vol. 9, Issue 2)

Student Newspaper (Amicus, Advocate...)

No abstract provided.


The "Dirty Little Secret": Why Class Actions Have Emerged As The Only Viable Option For Women Inmates Attempting To Satisfy The Subjective Prong Of The Eighth Amendment In Suits For Custodial Sexual Abuse, Amy Laderberg Oct 1998

The "Dirty Little Secret": Why Class Actions Have Emerged As The Only Viable Option For Women Inmates Attempting To Satisfy The Subjective Prong Of The Eighth Amendment In Suits For Custodial Sexual Abuse, Amy Laderberg

William & Mary Law Review

No abstract provided.


Section 1: Chicago V. Morales, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1998

Section 1: Chicago V. Morales, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


What's On The Docket? (September 25, 1998), William & Mary Law School Sep 1998

What's On The Docket? (September 25, 1998), William & Mary Law School

The Docket

No abstract provided.


The Moral Failure Of The Clear And Present Danger Test, David R. Dow May 1998

The Moral Failure Of The Clear And Present Danger Test, David R. Dow

William & Mary Bill of Rights Journal

The clear and present danger test has been used for almost a century to determine the speech the government may restrain. This test assumes that at some point speech transforms into an act and at that moment the speech becomes punishable. Under the clear and present danger test, the First Amendment does not protect speech that is an incitement to imminent lawless action. Professor Dow suggests that the clear and present danger test protects too little speech. He posits that speech should be protected unless the following three conditions are met: (1) the speaker's specific intent in uttering the words …


The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna May 1998

The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna

William & Mary Law Review

No abstract provided.


Amicus Curiae (Vol. 8, Issue 11) Apr 1998

Amicus Curiae (Vol. 8, Issue 11)

Student Newspaper (Amicus, Advocate...)

No abstract provided.


Justice In Plea Bargaining, Fred C. Zacharias Apr 1998

Justice In Plea Bargaining, Fred C. Zacharias

William & Mary Law Review

No abstract provided.


Ad Hoc Adjudication: People V. Champion, Another Confusing Element In The Turmoil Following Minnesota V. Dickerson, Audra A. Dial Mar 1998

Ad Hoc Adjudication: People V. Champion, Another Confusing Element In The Turmoil Following Minnesota V. Dickerson, Audra A. Dial

William & Mary Law Review

No abstract provided.


Two Versions Of Judicial Supremacy, Mark Tushnet Mar 1998

Two Versions Of Judicial Supremacy, Mark Tushnet

William & Mary Law Review

No abstract provided.


Amicus Curiae (Vol. 8, Issue 8) Feb 1998

Amicus Curiae (Vol. 8, Issue 8)

Student Newspaper (Amicus, Advocate...)

No abstract provided.


Juvenile Adjudication: No Longer Child's Play (Program), Institute Of Bill Of Rights Law At The William & Mary Law School Feb 1998

Juvenile Adjudication: No Longer Child's Play (Program), Institute Of Bill Of Rights Law At The William & Mary Law School

IBRL Events

No abstract provided.


Less Is More: Teaching Legal Ethics In Context, Bruce A. Green Feb 1998

Less Is More: Teaching Legal Ethics In Context, Bruce A. Green

William & Mary Law Review

No abstract provided.


Amicus Curiae (Vol. 8, Issue 7) Jan 1998

Amicus Curiae (Vol. 8, Issue 7)

Student Newspaper (Amicus, Advocate...)

No abstract provided.


The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus Jan 1998

The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus

Faculty Publications

No abstract provided.


Justifying Racial Reform, Davison M. Douglas Jan 1998

Justifying Racial Reform, Davison M. Douglas

Faculty Publications

No abstract provided.


Re-Defining Reproductive Freedom, Timothy Zick Jan 1998

Re-Defining Reproductive Freedom, Timothy Zick

Faculty Publications

No abstract provided.


Amicus Brief: Commonwealth V. Nixon, James G. Dwyer Jan 1998

Amicus Brief: Commonwealth V. Nixon, James G. Dwyer

Briefs

No abstract provided.


How Judges View Civil Juries, Paula Hannaford-Agor, B. Michael Dann, G. Thomas Munsterman Jan 1998

How Judges View Civil Juries, Paula Hannaford-Agor, B. Michael Dann, G. Thomas Munsterman

Faculty Publications

In any given case, the judge's view of the jury may mani­fest itself as a complex and subtle mixture of respect, gratitude, con­cern, pride, impatience, and even frustration. But more revealing than what judges say about juries is what judges do to prepare jurors for their roles in civil cases. This paper explores the various indicators of judges' views of the civil jury, including the social and institutional factors and contemporary jury reform efforts that affect judges' views about the civil jury.

This abstract has been taken from the authors' introduction.


High Wall Or Lines Of Separation?, James J. Knicely Dec 1997

High Wall Or Lines Of Separation?, James J. Knicely

William & Mary Bill of Rights Journal

The issue of religion and the role it should play in government has long evoked spirited debate. Recently, an argument has been made that the "separation" between religion and politics has played a large factor in what many consider to be our nation's "moral decay. " Such an argument, however, is not new.

In reviewing Religion and Politics in the Early Republic: Jasper Adams and the Church-State Debate, edited by Daniel L. Dreisbach, James Knicely examines the power of elected government to act benevolently toward religion and the moral values associated with it in light of today's social ills. Religion …


Evidence In A Difference Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva Orenstein Dec 1997

Evidence In A Difference Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva Orenstein

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

No abstract provided.


Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber Dec 1997

Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber

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

No abstract provided.


1997-1998 Supreme Court Preview: Schedule And Panel Members, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1997

1997-1998 Supreme Court Preview: Schedule And Panel Members, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 3: The Court And Race Relations, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1997

Section 3: The Court And Race Relations, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 4: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1997

Section 4: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


1997-1998 Supreme Court Preview: Contents, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1997

1997-1998 Supreme Court Preview: Contents, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


What's On The Docket? (September 3, 1997), William & Mary Law School Sep 1997

What's On The Docket? (September 3, 1997), William & Mary Law School

The Docket

No abstract provided.


Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao Jul 1997

Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao

Faculty Publications

No abstract provided.


From Fear To Rage: Black Rage As A Natural Progression From And Functional Equivalent Of Battered Woman Syndrome, Tosha Yvette Foster Jun 1997

From Fear To Rage: Black Rage As A Natural Progression From And Functional Equivalent Of Battered Woman Syndrome, Tosha Yvette Foster

William & Mary Law Review

No abstract provided.


Prior Bad Acts And Two Bad Rules: The Fundamental Unfairness Of Federal Rules Of Evidence 413 And 414, Jason L. Mccandless May 1997

Prior Bad Acts And Two Bad Rules: The Fundamental Unfairness Of Federal Rules Of Evidence 413 And 414, Jason L. Mccandless

William & Mary Bill of Rights Journal

This note presents a Due Process analysis of Federal Rules of Evidence 413 and 414. These rules, which took effect in July 1995, overturn the exclusionary requirements of Rule 404 exclusively in cases involving sexual assault and child molestation. The new rules allow similar crimes to serve as evidence for purposes other than those stated in Rule 404(b). Now, federal prosecutors may offer evidence of a defendant's prior uncharged sexual misconduct to demonstrate that the defendant committed the sex offense for which he currently is being charged. Rules 413 and 414 reevaluate the historic concern that evidence of prior acts …