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William & Mary Law School

Journal

1999

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Articles 31 - 60 of 80

Full-Text Articles in Law

Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger May 1999

Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger

William & Mary Law Review

No abstract provided.


The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger May 1999

The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger

William & Mary Law Review

No abstract provided.


Riding On A Diamond In The Sky: The Dbs Set-Aside Provisions Of The 1992 Cable Act, Richard L. Weber May 1999

Riding On A Diamond In The Sky: The Dbs Set-Aside Provisions Of The 1992 Cable Act, Richard L. Weber

William & Mary Law Review

No abstract provided.


Sec Rule 14e-3 In The Wake Of United States V. O'Hagan: Proper Prophylactic Scope And The Future Of Warehousing, Jeff Lobb May 1999

Sec Rule 14e-3 In The Wake Of United States V. O'Hagan: Proper Prophylactic Scope And The Future Of Warehousing, Jeff Lobb

William & Mary Law Review

No abstract provided.


Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder May 1999

Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder

William & Mary Law Review

No abstract provided.


The Founders And The President's Authority Over Foreign Affairs, H. Jefferson Powell May 1999

The Founders And The President's Authority Over Foreign Affairs, H. Jefferson Powell

William & Mary Law Review

No abstract provided.


Fighting The Devil We Don't Know: Kansas V. Hendricks, A Case Study Exploring The Civilization Of Criminal Punishment And Its Ineffectiveness In Preventing Child Sexual Abuse, Cynthia A. King Apr 1999

Fighting The Devil We Don't Know: Kansas V. Hendricks, A Case Study Exploring The Civilization Of Criminal Punishment And Its Ineffectiveness In Preventing Child Sexual Abuse, Cynthia A. King

William & Mary Law Review

No abstract provided.


There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca Hanner White Apr 1999

There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca Hanner White

William & Mary Bill of Rights Journal

In this Essay, Professor White argues that the Supreme Court finally has merged analysis of sexual harassment law with other claims of intentional discrimination. Professor White contends that the Court's decision in Meritor Savings Bank, FSB v. Vinson created confusion over the proper analysis of sexual harassment claims by seemingly embracing quid pro quo and hostile work environment theories as distinct forms of discrimination and by suggesting that at least some sexual harassment claims may warrant a revised approach to employer liability. In the wake of Meritor, sexual harassment claims increasingly were evaluated differently from other claims of disparate treatment, …


Taking Discrimination Seriously: Oncale And The Fate Of Exceptionalism In Sexual Harassment Law, Steven L. Willborn Apr 1999

Taking Discrimination Seriously: Oncale And The Fate Of Exceptionalism In Sexual Harassment Law, Steven L. Willborn

William & Mary Bill of Rights Journal

In both the case law and the literature, sexual harassment is treated as an exceptional and unique form of discrimination. In this Article, Professor Willborn expands on the Supreme Court's recent decision in Oncale v. Sundowner Offshore Services, Inc. to argue that this exceptionalism should be rejected and that harassment law should return to its roots in the broader body of antidiscrimination law. Professor Willborn begins by articulating the contours of a discrimination-centered model of sexual harassment and explaining how it differs from currently accepted views. He then reviews the Supreme Court's recent cases on sexual harassment, concluding that they …


Strengthening Title Vii: 1997-1998 Sexual Harassment Jurisprudence, Elizabeth D. Evans Apr 1999

Strengthening Title Vii: 1997-1998 Sexual Harassment Jurisprudence, Elizabeth D. Evans

William & Mary Bill of Rights Journal

No abstract provided.


Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William R. Corbett Apr 1999

Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William R. Corbett

William & Mary Bill of Rights Journal

In this Essay, the author faces his nightmare exam question: he must define "sexual harassment" to the satisfaction of several potential graders with different perspectives on sexual harassment law. His valiant effort to justify his response leads him to a discussion of the federal law of vicarious liability for sexual harassment by supervisors after the Supreme Court's recent rejection of tort law respondeat superior analysis for such claims under Title VII. The author argues that, while the rejection of the tort standard for vicarious liability in Title VII claims removes the longstanding connection between Title VII law and state tort …


Private Amici Curaie And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss Apr 1999

Private Amici Curaie And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss

William & Mary Bill of Rights Journal

The amicus curiae brief has become a common occurrence in today's legal arena, especially with the proliferation of private interest groups that specialize in numerous topics of political and social interest. The substantial increase in the use of amici briefs, however, has sparked criticism concerning both the costs (in effort and resources) associated with filing these griefs and the persuasive effect (or lack thereof) the briefs have on the Court. Much of this criticism arises from the failure of many interest groups to posit "legal" arguments that apply the facts of a given case to the law. Instead, the amici …


Continuing The Trend Toward Equality: The Eradication Of Racially And Sexually Discriminatory Provisions In Private Trusts, Katheryn F. Voyer Apr 1999

Continuing The Trend Toward Equality: The Eradication Of Racially And Sexually Discriminatory Provisions In Private Trusts, Katheryn F. Voyer

William & Mary Bill of Rights Journal

Racially and sexually discriminatory private trusts are presumed to be valid under traditional common law governing dispositions of property. Most courts have held that if the state plays a "passive" role, only private actors are involved and the Fourteenth Amendment is not implicated The United States Supreme Court, however, has declared in one context that discriminatory charitable trusts violate public policy and are unconstitutional. This Note argues that because private trusts involve unlawful state action and are not purely private, courts have an affirmative obligation imposed by the Supreme Court and a moral responsibility because of well-established public policy against …


The Plain Meaning Of Oncale, Catherine J. Lanctot Apr 1999

The Plain Meaning Of Oncale, Catherine J. Lanctot

William & Mary Bill of Rights Journal

The unanimous Supreme Court opinion in Oncale v. Sundowner Offshore Services, Inc. caught many observers by surprise. Even more surprising than the Court's unanimity on the divisive issue of same-sex harassment, however, was the author of the opinion-the deeply conservative Justice Antonin Scalia. Many commentators suggest that the opinion's requirement that plaintiffs prove that the harassment was "because of sex" will hamper lawsuits arising from single-sex work environments. Attempts to fit the decision within traditional Title VII jurisprudence inevitably will be clouded by conjecture about Scalia's true intent. Indeed, after one year of experience with Oncale, the judicial record is …


Smithfield Foods: A Case For Federal Action, Lee R. Okster Apr 1999

Smithfield Foods: A Case For Federal Action, Lee R. Okster

William & Mary Environmental Law and Policy Review

No abstract provided.


Virginia As A Case Study: Epa Should Be Willing To Withdraw Npdes Permitting Authority From Deficient States, Erik R. Lehtinen Apr 1999

Virginia As A Case Study: Epa Should Be Willing To Withdraw Npdes Permitting Authority From Deficient States, Erik R. Lehtinen

William & Mary Environmental Law and Policy Review

No abstract provided.


How The Antarctic Science, Tourism, And Conservation Act Of 1996 Fails Antarctica, Kathleen T. Mulville Apr 1999

How The Antarctic Science, Tourism, And Conservation Act Of 1996 Fails Antarctica, Kathleen T. Mulville

William & Mary Environmental Law and Policy Review

No abstract provided.


Evaluating U.S. Endangered Species Legislation - The Endangered Species Act As An International Example, Charlene D. Daniel Apr 1999

Evaluating U.S. Endangered Species Legislation - The Endangered Species Act As An International Example, Charlene D. Daniel

William & Mary Environmental Law and Policy Review

No abstract provided.


Gwaltney Of Smithfield Revisited, Ann Powers Apr 1999

Gwaltney Of Smithfield Revisited, Ann Powers

William & Mary Environmental Law and Policy Review

No abstract provided.


Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler Apr 1999

Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler

William & Mary Law Review

No abstract provided.


Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson Apr 1999

Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson

William & Mary Law Review

No abstract provided.


Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine Apr 1999

Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine

William & Mary Law Review

No abstract provided.


Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez Apr 1999

Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez

William & Mary Law Review

No abstract provided.


Pansexuality And The Law, Jennifer Ann Drobac Apr 1999

Pansexuality And The Law, Jennifer Ann Drobac

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

No abstract provided.


Pockets Of Poverty: The Second Wives Club - Examining The Financial (In)Security Of Women In Remarriages, Margorie Engel Apr 1999

Pockets Of Poverty: The Second Wives Club - Examining The Financial (In)Security Of Women In Remarriages, Margorie Engel

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

No abstract provided.


You Made Your Bed...Now You Are Going To Pay For It: An Analysis Of The Effects Of Virginia's Mandatory Paternal Identification In Afdc Cases Will Have On The Rights Of Unwed Fathers, Kindra L. Gromelski Apr 1999

You Made Your Bed...Now You Are Going To Pay For It: An Analysis Of The Effects Of Virginia's Mandatory Paternal Identification In Afdc Cases Will Have On The Rights Of Unwed Fathers, Kindra L. Gromelski

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

No abstract provided.


The Anti-Essentialism V. Essentialism Debate In Feminist Legal Theory: The Debate And Beyond, Jane Wong Apr 1999

The Anti-Essentialism V. Essentialism Debate In Feminist Legal Theory: The Debate And Beyond, Jane Wong

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

No abstract provided.


Curing The "Every-Other-Weekend Syndrome": Why Visitation Should Be Considered Separate And Apart From Custody, Mark D. Matthews Apr 1999

Curing The "Every-Other-Weekend Syndrome": Why Visitation Should Be Considered Separate And Apart From Custody, Mark D. Matthews

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

No abstract provided.


Customary International Law And International Human Rights Litigation In United States Courts: Revitalizing The Legacy Of The Paquete Habana, Kathleen M. Kedian Apr 1999

Customary International Law And International Human Rights Litigation In United States Courts: Revitalizing The Legacy Of The Paquete Habana, Kathleen M. Kedian

William & Mary Law Review

No abstract provided.


Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky Apr 1999

Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky

William & Mary Bill of Rights Journal

The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring civil …