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Full-Text Articles in Law
Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson
Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson
William & Mary Journal of Race, Gender, and Social Justice
Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third World Approaches to Education Policy (TWAEPCrit). In constructing this theory, I argue that Black Americans are in practice and lived experience treated as third world citizens, even as they reside in the United States. I prove the third world status of Black peoples in the …
An Examination Of The Need For Campaign Fianance Reform Through The Lens Of The United States Treaty Clause And Environmental Protection Treaties, Jordan Smith
William & Mary Environmental Law and Policy Review
The United States’ federal election system is constantly the focus of debate, including components from voting mechanisms, to candidate selection, and to the candidates themselves. Unsurprisingly, campaign finance has also been the source of much debate. For decades, scholars, politicians, lawyers, and laypersons have debated the merits and shortcomings of the campaign finance system enumerated in the United States Code. The landmark Citizens United v. Federal Election Commission (“FEC”) decision in 2010, in which the United States Supreme Court equated corporate speech to human speech, merely added fuel to the fire. The considerable volume of scholarship based upon campaign finance …
Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith
Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith
William & Mary Law Review
Historical practice strongly influences constitutional interpretation in foreign relations law, including most questions relating to the treaty power. Yet it is strikingly absent from the present debate over whether Congress can pass legislation implementing U.S. treaties under the Necessary and Proper Clause. Drawing on previously unexplored sources, this Article considers the historical roots of Congress’s power to implement U.S. treaties between the Founding Era and the seminal case of Missouri v. Holland in 1920. It shows that time after time, members of Congress understood the Necessary and Proper Clause to provide a constitutional basis for a congressional power to implement …
Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes
Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes
William & Mary Bill of Rights Journal
No abstract provided.
The Trouble With Treaties: Immigration And Judicial Law, Angela M. Banks
The Trouble With Treaties: Immigration And Judicial Law, Angela M. Banks
Faculty Publications
No abstract provided.
Negligence And Nuclear Nonproliferation: Eliminating The Current Liability Barrier To Bilateral U.S.- Russian Nonproliferation Assistance Programs, Patrick F. Speice Jr.
Negligence And Nuclear Nonproliferation: Eliminating The Current Liability Barrier To Bilateral U.S.- Russian Nonproliferation Assistance Programs, Patrick F. Speice Jr.
William & Mary Law Review
No abstract provided.
The Vienna Convention On The Law Of Treaties In U.S. Treaty Interpretation, Evan J. Criddle
The Vienna Convention On The Law Of Treaties In U.S. Treaty Interpretation, Evan J. Criddle
Faculty Publications
No abstract provided.
The Treaty On Rescue And Return Of Astronauts And Space Objects, Paul G. Dembling, Daniel M. Arons
The Treaty On Rescue And Return Of Astronauts And Space Objects, Paul G. Dembling, Daniel M. Arons
William & Mary Law Review
No abstract provided.
International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen
International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen
William & Mary Law Review
No abstract provided.