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Articles 1 - 12 of 12

Full-Text Articles in Law

Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann Dec 2011

Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann

William & Mary Environmental Law and Policy Review

No abstract provided.


Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee Dec 2011

Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee

William & Mary Environmental Law and Policy Review

No abstract provided.


Remarks Of William Van Alstyne On The Brandenburg Panel, William W. Van Alstyne Oct 2011

Remarks Of William Van Alstyne On The Brandenburg Panel, William W. Van Alstyne

Faculty Publications

No abstract provided.


Section 3: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2011

Section 3: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl May 2011

The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


The Rule Of Lenity As A Rule Of Federalism, Aaron-Andrew P. Bruhl May 2011

The Rule Of Lenity As A Rule Of Federalism, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl May 2011

Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl May 2011

Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Sex, Cells, And Sorna: Applying Sex Offender Registration Laws To Sexting Cases, Stephanie Gaylord Forbes Apr 2011

Sex, Cells, And Sorna: Applying Sex Offender Registration Laws To Sexting Cases, Stephanie Gaylord Forbes

William & Mary Law Review

No abstract provided.


12 Unnecessary Men: The Case For Eliminating Jury Trials In Drunk Driving Cases, Adam M. Gershowitz Apr 2011

12 Unnecessary Men: The Case For Eliminating Jury Trials In Drunk Driving Cases, Adam M. Gershowitz

Faculty Publications

Over the last few decades, states have imposed tougher punishments on drunk drivers. This Article argues that increasing punishments is counterproductive. If legislatures are seeking to hold guilty offenders accountable and deter drunk driving, they should keep punishments low and instead abolish the right to jury trials. Under the petty offense doctrine, the Supreme Court has authorized states to abolish jury trials when defendants face a maximum sentence of six months’ incarceration. Social science evidence has long demonstrated that judges are more likely to convict than juries, particularly in drunk driving cases. And researchers have found that the certainty of …


Provocation Manslaughter As Partial Justification And Partial Excuse, Mitchell N. Berman, Ian P. Farrell Mar 2011

Provocation Manslaughter As Partial Justification And Partial Excuse, Mitchell N. Berman, Ian P. Farrell

William & Mary Law Review

The partial defense of provocation provides that a person who kills in the heat of passion brought on by legally adequate provocation is guilty of manslaughter rather than murder. The defense traces back to the twelfth century and exists today, in some form, in almost every U.S. state and other common law jurisdictions. But long history and wide application have not produced agreement on the rationale for the doctrine. To the contrary, the search for a coherent and satisfying rationale remains among the main occupations of criminal law
theorists.

The dominant scholarly view holds that provocation is best explained and …


Contempt Of Congress, Aaron-Andrew P. Bruhl Jan 2011

Contempt Of Congress, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.