Law Commons^™

The Continuing Drift Of Federal Sovereign Immunity Jurisprudence, Gregory C. Sisk

William & Mary Law Review

With the enduring doctrine of federal sovereign immunity, it is too late in the day to suggest that the United States should be treated as an ordinary party in the federal courts. Yet as the Supreme Court has become more comfortable with the increasingly common encounter with a statutory waiver of immunity, the rigidity of interpretive approach has eased. An early jaundiced judicial attitude has resolved into a greater respect for the legislative promise of relief to those harmed by their government. After sketching the history of statutory waivers over the past century-and-a-half and examining Supreme Court decisions across the …

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.

The Facade Of Neutrality: Uncovering Gender Silences In International Trade, Barnali Choudhury

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

International trade policies have traditionally been measured in terms of net economic benefit and market-based criteria. For the most part, these policies have largely ignored any of the societal effects that a liberalized trade regime may cause. Recently, however, the environmental, health, and labor impacts of trade agreements have slowly gained recognition as areas of concern. This recognition has led to an overall growing trend towards acknowledging the linkages between trade and non-trade issues.

One area that has been relatively untouched by any new developments is the issue of gender. Trade theories proceed from the premise that trade agreements are …

Reconstructing The Race-Sex Analogy, Serena Mayeri

William & Mary Law Review

In the standard account, American sex equality law rests on a partial and imperfect analogy to race, developed in the 1970s by feminists intent on establishing formal equality between men and women, and embraced, albeit selectively and uneasily, by lawmakers and judges. But this account, although containing important elements of truth, obscures the creative ways that advocates turned the tables, arguing that principles developed in sex equality jurisprudence could expand the availability of remedies for racial injustice. This Article explores one example of this phenomenon: efforts, led by Ruth Bader Ginsburg, to use the emerging constitutional distinction between detrimental and …

Virginia Is For (Lovers) Business Owners Who Feel The Human Rights Commission Poses A Threat To Their Religious Liberties, Sarah Miller

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

In November 1992, the Arlington County Board voted to add "sexual orientation" to the group of classes protected under its antidiscrimination policy. When a store owner was sued for violating this policy in 2006, he countersued, claiming that Arlington did not have the power to enact such a policy. His claim was based on the existence of a strongly state-centered power hierarchy unique to a very small minority of states, including Virginia, laid out in the Dillon Rule. Virginia's use of the Dillon Rule basically cripples its municipal corporations by injecting uncertainty into the process of enacting local legislation and …

A Welfare State Of Civil Rights: The Triumph Of The Therapeutic In American Constitutional Law, Daniel F. Piar

William & Mary Bill of Rights Journal

This Article examines the influence of the therapeutic culture on the modem constitutional law of civil rights. The therapeutic culture is defined as one in which the central moral question is individual fulfillment. That culture has sprung up to replace older cultures such as Protestantism and classical republicanism, which are no longer capable of appealing to a nation as diverse as the United States. Instead of asking whether individuals or the nation conform to some external moral system, the therapeutic culture asks whether individuals are happy or fulfilled. This Article demonstrates that the therapeutic culture has had a significant effect …