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Full-Text Articles in Law

Section 4: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School Oct 2009

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

Supreme Court Preview

No abstract provided.


Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan Oct 2009

Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan

William & Mary Law Review

Americans have long been bound by a shared sense of constitutional commonality, and the Supreme Court has repeatedly condemned the notion that federal constitutional rights should be allowed to depend on distinct state and local legal norms. In reality, however, federal rights do indeed vary, and they do so as a result of their contingent relationship to the diversity of state and local laws on which they rely. Focusing on criminal procedure rights in particular, this Article examines the benefits and detriments of constitutional contingency, and casts in new light many enduring understandings of American constitutionalism, including the effects of …


New Theories Of Guilt On Appeal In Virginia Criminal Cases, Aaron C. Garrett May 2009

New Theories Of Guilt On Appeal In Virginia Criminal Cases, Aaron C. Garrett

William & Mary Law Review

No abstract provided.


When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine Feb 2009

When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine

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

This article describes the origins, design, and implications of a new study exploring female-perpetrated statutory rape against adolescent boys in the United States. In contrast to both legal frameworks, which typically regard statutory rape as a male-on-female phenomenon, and existing literature from the fields of psychology and psychiatry derived from clinical samples and sex offender registries, this study examines the incidence of female-perpetrated statutory rape using data from electronic news reports covering the period 1990-2008. In this short article, the author explains the advantages of her approach over those taken by prior scholars, in terms of the size of the …


Is There Really A Difference Between Justification And Excuse Or Did We Academics Make It Up?, Linda A. Malone Jan 2009

Is There Really A Difference Between Justification And Excuse Or Did We Academics Make It Up?, Linda A. Malone

Faculty Publications

No abstract provided.


Proportional Deportation, Angela M. Banks Jan 2009

Proportional Deportation, Angela M. Banks

Faculty Publications

No abstract provided.