Law Commons^™

Mental Illness And Danger To Self, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

Introductory Remarks: Criminal Law Panel, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

Punishing Children In The Criminal Law, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

On Difference And Equality, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

Giftedness, Disadvantage, And Law, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

Book Review Of Liberalism And Republicanism In The Historical Imagination, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

A Response To Professor Vernellia R. Randall's The Myers-Briggs Type Indicator, First Year Law Students And Performance, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

Coercion And Choice Under The Establishment Clause, Cynthia V. Ward

Cynthia V. Ward

In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the test. …

Defending Truth, Cynthia V. Ward, Peter A. Alces

Cynthia V. Ward

No abstract provided.

"Stand Your Ground" And Self Defense, Cynthia Ward

Cynthia V. Ward

No abstract provided.

Sentencing Roulette: How Virginia’S Criminal Sentencing System Is Imposing An Unconstitutional Trial Penalty That Suppresses The Rights Of Criminal Defendants To A Jury Trial, Caleb R. Stone

Caleb R. Stone

No abstract provided.

Property's Constitution, James Y. Stern

James Y. Stern

Long-standing disagreements over the definition of property as a matter of legal theory present a special problem in constitutional law. The Due Process and Takings Clauses establish individual rights that can be asserted only if “property” is at stake. Yet the leading cases interpreting constitutional property doctrines have never managed to articulate a coherent general view of property, and in some instances have reached opposite conclusions about its meaning. Most notably, government benefits provided in the form of individual legal entitlements are considered “property” for purposes of due process but not takings doctrines, a conflict the cases acknowledge but do …

Right On Time: First Possession In Property And Intellectual Property, Dotan Oliar, James Y. Stern

James Y. Stern

How should we allocate property rights in unowned tangible and intangible resources? This Article develops a model of original acquisition that draws together common law doctrines of first possession with original acquisition doctrines in patent, copyright, and trademark law. The common denominator is time: in each context, doctrine involves a trade-off between assigning entitlements to resources earlier or later in the process of their development and use. Early awards risk granting exclusivity to parties who may not be capable of putting resources to their best use. Late awards prolong contests for ownership, which may generate waste or discourage acquisition efforts …

The Positive Law Model Of The Fourth Amendment, William Baude, James Y. Stern

James Y. Stern

For fifty years, courts have used a “reasonable expectation of privacy” standard to define “searches” under the Fourth Amendment. As others have recognized, that doctrine is subjective, unpredictable, and conceptually confused, but viable alternatives have been slow to emerge. This Article supplies one.

We argue that Fourth Amendment protection should be anchored in background positive law. The touchstone of the search-and-seizure analysis should be whether government officials have done something forbidden to private parties. It is those actions that should be subjected to Fourth Amendment reasonableness review and the presumptive requirement to obtain a warrant. In short, Fourth Amendment protection …

Property, Exclusivity, And Jurisdiction, James Y. Stern

James Y. Stern

No abstract provided.

Sovereignty, Territoriality, And The Enforcement Of Foreign Judgments, George Rutherglen, James Y. Stern

James Y. Stern

No abstract provided.

14th Brigham-Kanner Property Rights Conference: Challenges To The Western Idea Of Property, Tony Arnold, Kristen Carpenter, Angela Riley, Mark Savin, James Y. Stern

James Y. Stern

No abstract provided.

Podcast Episode 24 – Professor James Stern Discusses Knick V. Township Of Scott, Clint Schumacher, James Y. Stern

James Y. Stern

Welcome to Episode 24 of the Eminent Domain Podcast. We have a great episode for you that we are calling “A Review of Knick v. Township of Scott.” Our guest today is Professor James Stern of the William & Mary Law School. Professor Stern is uniquely qualified to talk about the Knick case as both a current property law professor and a former U.S. Supreme Court clerk.

Choice Of Law, The Constitution And Lochner, James Y. Stern

James Y. Stern

No abstract provided.

Abc V. Aereo And The Humble Judge, James Y. Stern

James Y. Stern

No abstract provided.

Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud

Ronald H. Rosenberg

No abstract provided.

The Ultimate Independence Of The Federal Courts: Defying The Supreme Court In The Exercise Of Federal Common Law Powers, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Ronald H. Rosenberg

No abstract provided.

The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Cooperative Failure: An Analysis Of Intergovernmental Relationships And The Problem Of Air Quality Non-Attainment, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

The Changing Tradition Of Constitutional Review Of Sign And Billboard Regulation, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.