Law Commons^™

Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy M. Cornett

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

No abstract provided.

Evidence In A Difference Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva Orenstein

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

No abstract provided.

Romer V. Evans And Invidious Intent, Andrew Koppelman

William & Mary Bill of Rights Journal

In this Essay, Professor Koppelman argues that, notwithstanding numerous scholarly claims to the contrary, the Supreme Court's decision in Romer v. Evans was based on the invalidated law's impermissible purpose. Professor Koppelman examines the Court's understanding of the Fourteenth Amendment, and concludes that its current doctrine is designed to ferret out unconstitutional intent. Such impermissible intent, Koppelman argues, was evident in the law challenged in Romer. Nonetheless, Koppelman acknowledges, Romer is a hard case, and its precedential significance is unclear, particularly in light of Bowers v. Hardwick, which upheld the constitutionality of laws against homosexual sodomy. Laws that facially disadvantage …

Playing Defense, Robert F. Nagel

William & Mary Bill of Rights Journal

Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment- in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this …

Justice George Sutherland And Economic Liberty: Constitutional Conservatism And The Problem Of Factions, Samuel R. Olken

William & Mary Bill of Rights Journal

Most scholars have viewed Justice George Sutherland as a conservative jurist who opposed government regulation because of his adherence to laissez-faire economics and Social Darwinism, or because of his devotion to natural rights. In this Article, Professor Olken analyzes these widely held misperceptions of Justice Sutherland's economic liberty jurisprudence, which was based not on socio-economic theory, but on historical experience and common law. Justice Sutherland, consistent with the judicial conservatism of the Lochner era, wanted to protect individual rights from the whims of political factions and changing democratic majorities. The Lochner era differentiation between government regulations enacted for the public …

The Narrow And Shallow Bite Of Romer And The Eminent Rationality Of Dual-Gender Marriage: A (Partial) Response To Professor Koppelman, Richard F. Duncan

William & Mary Bill of Rights Journal

In this response to Professor Koppelman, Professor Duncan takes issue with the assertions Koppelman makes in Romer v. Evans and Invidious Intent. Though Duncan agrees with Koppelman's summary of the rule of Romer and the ongoing effects of Bowers v. Hardwick, he rejects Koppelman's claims that laws that discriminate against gays will always be constitutionally doubtful because they disadvantage an unpopular class.

Duncan claims that Koppelman has tried, without success or authority, to fill in the "missing pages" left in Romer by the Supreme Court. Finally, he argues that traditional marriage laws are valid and will survive under Romer and …

Tearing Down The House: Weakening The Foundation Of Divorce Mediation Brick By Brick, Colleen N. Kotyk

William & Mary Bill of Rights Journal

Mediation is an attractive alternative to traditional litigation. In the last decade the use of mediation in family law has increased substantially. Mediation is particularly suited to family disputes when the parties voluntarily choose to use the process because it can help the parties resolve disputes and foster long-term relationships. Not all parties, however, are given a choice between mediation and more traditional adversarial justice. Currently, state legislation ranges from permitting mediation to mandating mediation. Mandatory mediation raises the issue of due process violations, especially in situations involving spousal abuse.

This Note analyzes the use of mediation in domestic relations …

Nothing And Everything: Race, Romer, And (Gay/Lesbian/Bisexual) Rights, Robert S. Chang, Jerome Mccristal Culp Jr.

William & Mary Bill of Rights Journal

In this Article, Professors Chang and Culp propose that the Supreme Court's decision in Romer v. Evans, viewed by some scholars as a progressive case about gay/lesbian/bisexual rights, has little to do with gay/lesbian/bisexual rights as such. They argue that whatever protection Romer provides to gays, lesbians, and bisexuals is provided not because of *their sexuality but, rather, despite it. The authors demonstrate their thesis by examining the racial underpinnings of the Court's opinion, which begins with Justice Harlan's famous dissent in Plessy v. Ferguson and which relies on a specific vision of color-blindness. This submerged racial jurisprudence provides the …

Sex Selection Abortion And The Boomerang Effect Of A Woman's Right To Choose: A Paradox Of The Skeptics, Lynne Marie Kohm

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

No abstract provided.

Executing Rapists: A Reluctant Essay On The Ethics Of Legal Scholarship, Michael Mello

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

No abstract provided.

Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber

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

No abstract provided.

"My God!" Is This How A Feminist Analyzes Excited Utterances, Randolph N. Jonakait

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

No abstract provided.

The Equal Protection Clause: A Note On The (Non)Relationship Between Romer V. Evans And Hunter V. Erickson, Jay S. Bybee

William & Mary Bill of Rights Journal

In this Article, Professor Bybee uses the debate surrounding Romer v. Evans to reexamine the Supreme Court's decision in Hunter v. Erickson and the principle that a political majority may not restructure the political process to make it more difficult for a political minority to obtain favorable government action. Professor Bybee explains the questionable bases of Hunter and succeeding cases, and then turns to the Romer decision and discusses its incongruity with Hunter. After analyzing the meaning of Romer in light of Hunter and other "equal process" cases, Professor Bybee concludes that although the Court's analysis of Colorado's Amendment 2 …

High Wall Or Lines Of Separation?, James J. Knicely

William & Mary Bill of Rights Journal

The issue of religion and the role it should play in government has long evoked spirited debate. Recently, an argument has been made that the "separation" between religion and politics has played a large factor in what many consider to be our nation's "moral decay. " Such an argument, however, is not new.

In reviewing Religion and Politics in the Early Republic: Jasper Adams and the Church-State Debate, edited by Daniel L. Dreisbach, James Knicely examines the power of elected government to act benevolently toward religion and the moral values associated with it in light of today's social ills. Religion …

Getting Wireless Carriers Wired For Less: An Argument For Federal Regulation Of Lec-Cmrs Interconnection Agreements, Derek Yeo

William & Mary Law Review

No abstract provided.

Forum On Attorney's Fees In Copyright Cases: Are We Running Through The Jungle Now Or Is The Old Man Still Stuck Down The Road?, Paul Marcus, David Nimmer

William & Mary Law Review

No abstract provided.

Three Versions Of Tax Reform, Alvin C. Warren Jr.

William & Mary Law Review

No abstract provided.

The Field Citation Program Under The Clean Air Act: Can Epa Apply It To Federal Facilities?, Kevin J. Luster

William & Mary Environmental Law and Policy Review

No abstract provided.

The U.S. Epa Administrator's Assessment Of Civil Penalties: A Review Of The Sources Of Authority And The Administrator's Regulations, Richard R. Wagner

William & Mary Environmental Law and Policy Review

No abstract provided.

Addressing The Cloud Over Employee References: A Survey Of Recently Enacted State Legislation, Alex B. Long

William & Mary Law Review

No abstract provided.

Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman

William & Mary Law Review

No abstract provided.

Modern Discrimination Theory And The National Labor Relations Act, Rebecca Hanner White

William & Mary Law Review

No abstract provided.

What Should You Notice When You Get Notice?: Undiscovered But Discoverable Environmental Claims In Bankruptcy, Royanne Kashiwahara Doi, H. Hammer Hill

William & Mary Environmental Law and Policy Review

No abstract provided.

Lost In Space?: The Legal Feasability Of Nuclear Waste Disposal In Outer Space, Robin Dusek

William & Mary Environmental Law and Policy Review

No abstract provided.

Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to the subscribers.

Legislative Heart And Phase Transitions: An Exploratory Study Of Congress And Minority Interests, Vincent Di Lorenzo

William & Mary Law Review

No abstract provided.

The Commerce Clause, Federalism And Environmentalism: At Odds After Olin?, Lydia B. Hoover

William & Mary Environmental Law and Policy Review

No abstract provided.

Battery And Beyond: A Tort Law Response To Environmental Racism, Kathy Seward Northern

William & Mary Environmental Law and Policy Review

No abstract provided.

Greater Providence Chamber Of Commerce V. State: Balancing Private Property Rights In Filled Tidal Lands Under The Rhode Island Public Trust Doctrine, John M. Boehnert

William & Mary Environmental Law and Policy Review

No abstract provided.

Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to our subscribers.