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Full-Text Articles in Law

Section 898: Targeting The Companies Behind Gun Violence In New York With Public Nuisance Doctrine, Mara Kravitz May 2024

Section 898: Targeting The Companies Behind Gun Violence In New York With Public Nuisance Doctrine, Mara Kravitz

William & Mary Law Review

On July 6, 2021, the New York State Legislature enacted sections 898-a to -e of the New York General Business Law (section 898), creating a clear path for public entities and private gun violence victims to sue gun industry members for their role in the gun violence public nuisance in New York. This Note explores why the legislature took a public nuisance approach to curbing gun violence, framing section 898 within public nuisance doctrine’s broader common law history and legal elements.

To unpack how and why New York took this approach, the first Part of this Note traces the history …


Implied Organizations And Technological Governance, Shawn Bayern Mar 2023

Implied Organizations And Technological Governance, Shawn Bayern

William & Mary Law Review

Common law historically adapted creatively and gracefully to the emergence of new types of organizations. Today, statutory forms of organizations predominate. But statutory organizational forms may be ill-suited to govern the novel, loosely coupled, and rapidly changing organizations that can arise through distributed technological mechanisms. This Article suggests that the common law of implied organizations can be a fertile ground for legal responses to technological organizations and indeed may be important not just for regulating such organizations but for giving them important legal capabilities.


Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger May 1999

Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger

William & Mary Law Review

No abstract provided.


Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried May 1999

Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried

William & Mary Law Review

No abstract provided.


The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger May 1999

The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger

William & Mary Law Review

No abstract provided.


The Anglo-American Exchange: Our Spiritual Cousinage, Warren E. Burger May 1986

The Anglo-American Exchange: Our Spiritual Cousinage, Warren E. Burger

William & Mary Law Review

No abstract provided.


The Seventh Anglo-American Exchange, Nigel Bridge May 1986

The Seventh Anglo-American Exchange, Nigel Bridge

William & Mary Law Review

No abstract provided.


A Vision Of The Exchange, Loren A. Smith May 1986

A Vision Of The Exchange, Loren A. Smith

William & Mary Law Review

No abstract provided.