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Articles 1 - 30 of 137
Full-Text Articles in Arts and Humanities
The Legal Origins Of Catholic Conscientious Objection, Jeremy Kessler
The Legal Origins Of Catholic Conscientious Objection, Jeremy Kessler
William & Mary Bill of Rights Journal
This Article traces the origins of Catholic conscientious objection as a theory and practice of American constitutionalism. It argues that Catholic conscientious objection emerged during the 1960s from a confluence of left-wing and right-wing Catholic efforts to participate in American democratic culture more fully. The refusal of the American government to allow legitimate Catholic conscientious objection to the Vietnam War became a cause célèbre for clerical and lay leaders and provided a blueprint for Catholic legal critiques of other forms of federal regulation in the late 1960s and early 1970s—most especially regulations concerning the provision of contraception and abortion.
Over …
Salt, Smurthwaite, And Smith: The Origins Of The Modern Legal Identity Of The Church Of Jesus Christ Of Latter-Day Saints, Nathan B. Oman
Salt, Smurthwaite, And Smith: The Origins Of The Modern Legal Identity Of The Church Of Jesus Christ Of Latter-Day Saints, Nathan B. Oman
Faculty Publications
In 2019 there existed a legal entity known as The Church of Jesus Christ of Latter-day Saints. This fact will likely strike most readers as unexceptional. More interesting, however, prior to 2019 there had been no such legal entity as the Church of Jesus Christ of Latter-day Saints for over 150 years, the last of that name likely having been disincorporated in 1862. Even more strangely, although there were millions of people around the globe who identified themselves as Latter-day Saints, in 2019 the only member of the legal entity known as The Church of Jesus Christ of Latter-day Saints …
The Original Meaning Of The Habeas Corpus Suspension Clause, The Right Of Natural Liberty, And Executive Discretion, John Harrison
The Original Meaning Of The Habeas Corpus Suspension Clause, The Right Of Natural Liberty, And Executive Discretion, John Harrison
William & Mary Bill of Rights Journal
The Habeas Corpus Suspension Clause of Article I, Section 9, is primarily a limit on Congress’s authority to authorize detention by the executive. It is not mainly concerned with the remedial writ of habeas corpus, but rather with the primary right of natural liberty. Suspensions of the privilege of the writ of habeas corpus are statutes that vest very broad discretion in the executive to decide which individuals to hold in custody. Detention of combatants under the law of war need not rest on a valid suspension, whether the combatant is an alien or a citizen of the United States. …
More Than Hungry: How Political Narratives Built & Maintain Hunger In The United States, A. Camille Karabaich
More Than Hungry: How Political Narratives Built & Maintain Hunger In The United States, A. Camille Karabaich
William & Mary Journal of Race, Gender, and Social Justice
This Note aims to examine the role of the legal system in creating and maintaining hunger in the United States. Through this lens, the Note discusses the shift necessary to support specific legal interventions to end hunger. This Note begins by discussing how hunger was built in the United States through policies regarding land, housing, incarceration, and food, and the narratives that allowed these policies to flourish. These policies created hunger by creating pockets of poverty and disempowerment. Although many individuals and organizations donate their time, money, and energy to support local food banks, soup kitchens, and free school meal …
The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy A. Thomas
The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy A. Thomas
William & Mary Journal of Race, Gender, and Social Justice
This Article delves into the life and work of Judge [Florence] Allen to provide insight to the contributions and jurisprudence of the first woman judge. For history questions what difference putting a woman on the bench might have made. Part I explores Allen’s early influences on her intellectual development grounded in her progressive and politically active family, and her close network of female professional friends. Part II discusses her pivotal work with the women’s suffrage movement, working with the national organizations in New York and leading the legal and political efforts in Ohio. This proactive commitment to gender justice, however, …
A Strange Land And A Peculiar Problem: Using Local Knowledge To Resolve Ambiguous Property Descriptions In Appalachia, William L. Spotswood
A Strange Land And A Peculiar Problem: Using Local Knowledge To Resolve Ambiguous Property Descriptions In Appalachia, William L. Spotswood
William & Mary Law Review Online
Conveying property in Appalachia can be somewhat like a box of chocolates: “You never know what you’re gonna get.” Carved by ancient rivers and winding streams, the seemingly never-ending “hollers” and hills of Appalachia can disorient even the best navigator. Couple the region’s rugged topography with an already ambiguous demarcation system, and properties once mapped by metes and bounds descriptions become impossible to re-create with any sort of certainty. Thus, though rooted in a desire for clarity, the combination of mountainous terrain and imperfect demarcation results in a property system riddled with ambiguity. Due to this inherent definitional problem in …
William & Mary Stakes Claim As Oldest University In America, Thomas J. Mcsweeney
William & Mary Stakes Claim As Oldest University In America, Thomas J. Mcsweeney
Popular Media
No abstract provided.
Who Can Claim To Be The United States' First University?, Thomas J. Mcsweeney, Katharine Ello, Elsbeth O'Brien
Who Can Claim To Be The United States' First University?, Thomas J. Mcsweeney, Katharine Ello, Elsbeth O'Brien
Popular Media
No abstract provided.
Civil Disobedience In Latter-Day Saint Thought, Nathan B. Oman
Civil Disobedience In Latter-Day Saint Thought, Nathan B. Oman
Faculty Publications
The twelfth article of faith declares, “We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law” (A of F 1:12). On its face, this statement seems to be an unqualified acceptance of legal authority, one that would suggest that Latter-day Saints ought to shun civil disobedience. However, a closer look at Restoration scripture, teachings, and experience reveals a more complicated picture. To be sure, law-abidingness has long been central to the Saints’ identity, particularly in the twentieth and twenty-first centuries, and like the New Testament, Restoration scripture generally accepts the need to …
A University In 1693: New Light On William & Mary's Claim To The Title "Oldest University In The United States", Thomas J. Mcsweeney, Katharine Ello, Elsbeth O'Brien
A University In 1693: New Light On William & Mary's Claim To The Title "Oldest University In The United States", Thomas J. Mcsweeney, Katharine Ello, Elsbeth O'Brien
William & Mary Law Review Online
William & Mary has traditionally dated its transformation from a college into a university to a set of reforms of December 4, 1779. On that date, Thomas Jefferson and his fellow members of the Board of Visitors reorganized William & Mary, eliminating the grammar school and the two chairs in divinity and creating chairs in law, modern languages, and medicine.Five days after the reforms were adopted, a William & Mary student wrote that “William & Mary has undergone a very considerable Revolution; the Visitors met on the 4th Instant and form’d it into a University....” Just over three years later, …
Professor Katherine Mims Crocker: Reflections On The Fall 2020 Semester, Katherine Mims Crocker
Professor Katherine Mims Crocker: Reflections On The Fall 2020 Semester, Katherine Mims Crocker
Law School Personal Reflections on COVID-19
No abstract provided.
Professor Aaron-Andrew Bruhl: Reflections On The Fall 2020 Semester, Aaron-Andrew P. Bruhl
Professor Aaron-Andrew Bruhl: Reflections On The Fall 2020 Semester, Aaron-Andrew P. Bruhl
Law School Personal Reflections on COVID-19
No abstract provided.
The Meaning Of Mcdonald's [(R)], Laura A. Heymann
How To Challenge White Supremacy & Be More Than An Ally (August 6, 2020), Shené Owens, Laura Shepherd, Laura A. Heymann, Tolu Olaniyan
How To Challenge White Supremacy & Be More Than An Ally (August 6, 2020), Shené Owens, Laura Shepherd, Laura A. Heymann, Tolu Olaniyan
Racial Justice & Social Reform Speaker Series
No abstract provided.
Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm
Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Western Reconstruction And Woman Suffrage, Lorianne Updike Toler
Western Reconstruction And Woman Suffrage, Lorianne Updike Toler
William & Mary Bill of Rights Journal
The normal narrative of woman suffrage in the United States begins in Seneca Falls, New York, and steadily marches along through the lives and papers of the most noteworthy national suffragettes—Elizabeth Cady Stanton, Susan B. Anthony, Lucy Stone, and a handful of other women until the hard-fought passage of the Nineteenth Amendment. The six-volume History of Woman Suffrage tomes tells just such a story.
Yet the dominant narrative “overgeneralizes the experiences of the national, largely eastern leadership” and “generally neglect[s] the West, or fail[s] to evaluate its significance within the national movement.” Although the American Woman Suffrage Association was organized …
The Cost Of Secrecy Isn't Worth It For The Lds Church, Nathan B. Oman
The Cost Of Secrecy Isn't Worth It For The Lds Church, Nathan B. Oman
Popular Media
No abstract provided.
Functional Corporate Knowledge, Mihailis Diamantis
Functional Corporate Knowledge, Mihailis Diamantis
William & Mary Law Review
The line between guilt and innocence often turns on what a defendant knew. Although the law’s approach to knowledge may be relatively straightforward for individuals, its doctrines for corporate defendants are fraught with ambiguity and opportunities for gamesmanship. Corporations can spread information thinly across employees so that it is never “known.” And prosecutors can exploit legal uncertainties to bring knowledge-based charges where corporations were merely negligent in how they handled information. Whereas knowledge as a mens rea has unique practical and normative properties that vary with a corporation’s size and industry, corporate law treats knowledge just like any other mental …
Puerto Rico, Inc.: Implicit Incorporation And Puerto Rico’S Right To Vote For Presidential Electors, Aaron Barden
Puerto Rico, Inc.: Implicit Incorporation And Puerto Rico’S Right To Vote For Presidential Electors, Aaron Barden
William & Mary Bill of Rights Journal
No abstract provided.
Fulfilling Climate Justice And Government Obligations To Alaska Native Villages: What Is The Government Role?, E. Barrett Ristroph
Fulfilling Climate Justice And Government Obligations To Alaska Native Villages: What Is The Government Role?, E. Barrett Ristroph
William & Mary Environmental Law and Policy Review
Climate change has had significant impacts on lands and communities across the United States, and particularly on Alaska Native Villages (“ANVs”). These Arctic and sub-Arctic indigenous communities, which are often remote and rural, depend on the land and water for their nutritional and cultural survival. My research draws from 153 interviews and conversations with ANV residents and those who make or influence policy for ANVs, along with local, state, and federal plans and laws relevant to ANVs and climate change. I consider the current and potential role of the federal and Alaskan governments in assisting ANVs and other communities to …
Waste Size: The Skinny On The Environmental Costs Of The Fashion Industry, Elisha Teibel
Waste Size: The Skinny On The Environmental Costs Of The Fashion Industry, Elisha Teibel
William & Mary Environmental Law and Policy Review
The fashion industry is a web of complex global markets currently valued at $3 trillion that employs somewhere around sixty million people worldwide and is estimated to be one of the most labor-intensive industries on the planet. Over the past couple of decades, the industry has evolved into a highly fragmented sector with complicated supply chains and completely unstandardized production practices, which vary by factory and by country. The most significant facet of the fashion trade is the clothing and textile industry. The current total value of the clothing and textiles trade is estimated at $726 billion and a staggering …
Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman
Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman
Briefs
No abstract provided.
The Next Forty Presidents, Ori Aronson
The Next Forty Presidents, Ori Aronson
William & Mary Journal of Race, Gender, and Social Justice
A thought experiment in feminist constitutionalism, this Article explores a radical argument: allow only women to be elected as the next forty U.S. presidents. While on its face blatantly discriminatory, the forty female presidents rule turns out to be a robustly justifiable idea, along multiple axes of political fairness, and not to women alone—rather to the electorate as a whole. Due to several of its unique characteristics, the presidency turns out to be particularly fitting to innovation that would correct past injustices of political exclusion. Corrective justice, affirmative action, feminist critique, voter autonomy, and the democratic costs of identity politics …
A Father's Lament: Uva Law Professor A. Benjamin Spencer On Charlottesville, A. Benjamin Spencer
A Father's Lament: Uva Law Professor A. Benjamin Spencer On Charlottesville, A. Benjamin Spencer
Popular Media
No abstract provided.
Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman
Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman
Briefs
No abstract provided.
Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson
Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson
Briefs
No abstract provided.
Law Reform In The Ancient World: Did The Emperor Augustus Succeed Or Fail In His Morals Legislation?, Charles J. Reid Jr.
Law Reform In The Ancient World: Did The Emperor Augustus Succeed Or Fail In His Morals Legislation?, Charles J. Reid Jr.
William & Mary Journal of Race, Gender, and Social Justice
This is an Article with a dual purpose. First, it is concerned with the process of law reform: how do we judge a given reform’s success or failure? Do we adopt strictly linear metrics? Or do we look at nonlinear impacts? For example, in the campaign against tobacco, do we judge it a success because it has reduced cigarette smoking? Or because it reduced the political power of the tobacco companies?
Secondly, in this Article, I apply this complex means of analyzing law reform to the Emperor Augustus’s morals legislation. Legal historians have typically regarded Augustus’s morals legislation as having …
International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman
International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman
Faculty Publications
No abstract provided.
Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir
William & Mary Journal of Race, Gender, and Social Justice
Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. …
Book Review Of New Perspectives In Mormon Studies: Creating And Crossing Boundaries, Nathan B. Oman
Book Review Of New Perspectives In Mormon Studies: Creating And Crossing Boundaries, Nathan B. Oman
Faculty Publications
No abstract provided.