Law Commons^™

Copyright Law’S Origin Stories, Laura A. Heymann

Popular Media

No abstract provided.

The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand

William & Mary Bill of Rights Journal

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Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard

William & Mary Bill of Rights Journal

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The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker

William & Mary Bill of Rights Journal

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Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey

William & Mary Bill of Rights Journal

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Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross

William & Mary Bill of Rights Journal

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The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson

William & Mary Bill of Rights Journal

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The Flawed Reasoning Behind Johnson V. United States And A Solution: Why A Facts-Based Approach Should Have Been Used To Interpret The Residual Clause Of The Armed Career Criminal Act, Jake Albert

William & Mary Bill of Rights Journal

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Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp

William & Mary Bill of Rights Journal

No abstract provided.

Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry

William & Mary Bill of Rights Journal

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Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr.

William & Mary Bill of Rights Journal

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The Church And Magna Carta, R. H. Helmholz

William & Mary Bill of Rights Journal

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Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney

William & Mary Bill of Rights Journal

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Science & Policy Issues Surrounding The Project, Emily Tucker, Patrick Harner

Virginia Coastal Policy Center Annual Conference

No abstract provided.

Sustainable Water Initiative For Tomorrow (Swift) Wastewater Injection Project, Ted Henifin, Charles Bott

Virginia Coastal Policy Center Annual Conference

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The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Faculty Publications

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization ("WTO ") contemplates that violations of one of its covered agreements may be remedied through "cross-retaliation, " or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent …

The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick

Faculty Publications

This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …

The Amicus Machine, Allison Orr Larsen, Neal Devins

Faculty Publications

The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …

Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades

Faculty Publications

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Intrapreneurship, Darian M. Ibrahim

Faculty Publications

This Article on “intrapreneurship” has several goals. First, it points out that while much of the legal literature on innovation is concerned with startups (entrepreneurship), the innovation that takes place inside our largest corporations (intrapreneurship) is substantial, important, and understudied. Second, the Article observes that while large technology corporations that used to be startups may remain intrapreneurial in culture, intrapreneurship is less common in the aggregate than we might expect. Reasons include organizational bureaucracy, laws favoring entrepreneurship, and what Clayton Christensen (Harvard Business School) calls “the innovator’s dilemma.” The innovator’s dilemma is, put simply, that good management causes large corporations …

An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts

Faculty Publications

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Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

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The Constitution Of Agency Statutory Interpretation, Evan J. Criddle

Faculty Publications

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Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins

Popular Media

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Putting The Illegal Wildlife Trade In The Crosshairs: How The Global Conservation Crisis Demonstrates The Need For Lacey Act Enforcement Of Foreign Laws, Jonathan Gonzalez

William & Mary Environmental Law and Policy Review

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Tweet Upon A Star: Organic Brand Engagement With Celebrities On Social Media Platforms, Kristin M. Adams

William & Mary Business Law Review

Social media is a rapidly evolving form of digital communication in the modern age. Brands continue to focus increasing resources on garnering consumer attention on social media platforms and are demanding measurable results from agencies or internal social media marketing teams. To both increase and demonstrate the value of a brand’s social media presence, many companies are engaging in behaviors that entail riskier legal strategies. Perhaps the most substantial legal land mine is “real-time content,” in which brands create and post content on vastly accelerated timelines with truncated legal approval processes in order to interact meaningfully with consumers. This Note …

More Than Just A Toothache? N.C. Dental Leaves Medical Boards Vulnerable: A Look At Telemedicine Companies And Antitrust Challenges To State Prescription Drug Rules, Alexander R. Kalyniuk

William & Mary Business Law Review

Encouraged by technological advancements and favorable provisions within the Affordable Care Act, telemedicine companies that offer online doctor visits are thriving in the health care industry. Online doctor visits are a relatively new and cost-efficient method to provide medical care over long distances that do not require patients to step outside their homes. However, many state medical board scope-of-practice rules prohibit physicians from prescribing medications without an in-person physical examination of the patient, which impedes telemedicine companies from offering their online services in those states. To circumvent this barrier, telemedicine companies may have a prima facie case under § 1 …

When States’ Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson

William & Mary Environmental Law and Policy Review

This Article explores the nationally common problem of tension and conflict among state oil and gas statutes, constitutional home rule, and local control by considering intersections and tensions among the Ohio Constitution’s home rule authority, the Ohio oil and gas law’s preemption provision, and the many regulatory efforts of Ohio’s local governments. It explores the scope of the Ohio Constitution’s home rule authority, in part, by evaluating courts’ statements on the validity of several types of local ordinances, as they confront home rule and a legislative attempt at preemption. Types of local ordinances evaluated include those that prohibit or ban …

Thorium’S Glow: Lighting The Way For Safe, Cheap Energy Production, Zachary Hawari

William & Mary Environmental Law and Policy Review

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Plan Ej 2014: Fact Or Fiction? A Critique Of The Obama Administration’S Efforts On Environmental Justice, Jeanne Zokovitch Paben

William & Mary Environmental Law and Policy Review

As President Obama’s tenure in office draws to a close, environmental injustices continue to proliferate in communities across this country. During the Obama Administration, there has been a strong government voice on combating these injustices, yet under their watch we see travesties like Flint, Michigan. Flint is the latest example of how our laws and government processes are not only inadequate in protecting overburdened communities, but also how they are complicit in perpetuating harm. This Article aims to answer how that happens, first, by cataloging the environmental justice efforts under the Obama Administration, most notably through Plan EJ 2014, then …