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William & Mary Law School

Journal

2002

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Articles 91 - 102 of 102

Full-Text Articles in Law

Nat Effects: How The Internet Has Changed Abortion Law, Policy, And Process, Kari Lou Frank Feb 2002

Nat Effects: How The Internet Has Changed Abortion Law, Policy, And Process, Kari Lou Frank

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

No abstract provided.


The Ali Proposals And The Distribution Of Stock Options And Restricted Stock On Divorce: The Risks Of Theory Meet The Theory Of Risk, David S. Rosettenstein Feb 2002

The Ali Proposals And The Distribution Of Stock Options And Restricted Stock On Divorce: The Risks Of Theory Meet The Theory Of Risk, David S. Rosettenstein

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

No abstract provided.


When The War On Poverty Became The War On Poor, Pregnant Women: Political Rhetoric, The Unconstitutional Conditions Doctrine, And The Family Cap Restrictions, Carole M. Hirsch Feb 2002

When The War On Poverty Became The War On Poor, Pregnant Women: Political Rhetoric, The Unconstitutional Conditions Doctrine, And The Family Cap Restrictions, Carole M. Hirsch

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

No abstract provided.


The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen Feb 2002

The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen

William & Mary Law Review

No abstract provided.


Outlaws And Outlier Doctrines: The Serious Misconduct Bar In Tort Law, Joseph H. King Jr. Feb 2002

Outlaws And Outlier Doctrines: The Serious Misconduct Bar In Tort Law, Joseph H. King Jr.

William & Mary Law Review

No abstract provided.


Determining The Intended Beneficiaries Of The Ada In The Aftermath Of Sutton: Limiting The Application Of The Disabling Corrections Corollary, Richard C. Dunn Feb 2002

Determining The Intended Beneficiaries Of The Ada In The Aftermath Of Sutton: Limiting The Application Of The Disabling Corrections Corollary, Richard C. Dunn

William & Mary Law Review

No abstract provided.


Confusion And Solution: Chapter 11 Bankruptcy Trustee's Standard Of Care For Personal Liability, David P. Primack Feb 2002

Confusion And Solution: Chapter 11 Bankruptcy Trustee's Standard Of Care For Personal Liability, David P. Primack

William & Mary Law Review

No abstract provided.


The Constitution And The Other Constitution, Michael Kent Curtis Feb 2002

The Constitution And The Other Constitution, Michael Kent Curtis

William & Mary Bill of Rights Journal

In this article, Professor Michael Kent Curtis examines how laws that shape the distribution of wealth intersect with and affect popular sovereignty and free speech and press. He presents this discussion in the context of the effect of the Other Constitution on The Constitution. Professor Curtis begins by taking a close-up look at the current campaign finance system and the concentration of media ownership in a few corporate bodies and argues that both affect the way in which various political issues are presented to the public, if at all. Professor Curtis continues by talking about the origins of our constitutional …


Assessing The Legitimacy Of Governmental Regulation Of Modern Speech Aimed At Social Reform: The Importance Of Hindsight And Causation, Kenneth J. Brown Feb 2002

Assessing The Legitimacy Of Governmental Regulation Of Modern Speech Aimed At Social Reform: The Importance Of Hindsight And Causation, Kenneth J. Brown

William & Mary Bill of Rights Journal

When governmental regulation or punishment of speech occurs subsequent to the speech itself, such regulation is conducted with the benefit of hindsight. This is important because hindsight enables us to discern whether the expression in question has caused any legally cognizable harm. When speech is responsible for such a harm, its punishment is justfied by this causal connection. Yet conversely, when we know that speech is consequence-free, its ex post punishment is conceptually indefensible. In the first part of this article, Mr. Brown criticizes the imminent lawless action standard articulated in Brandenburg v. Ohio for failing to embrace fully this …


Ake V. Oklahoma And An Indigent Defendant's 'Right' To An Expert Witness: A Promise Denied Or Imagined?, Carlton Bailey Feb 2002

Ake V. Oklahoma And An Indigent Defendant's 'Right' To An Expert Witness: A Promise Denied Or Imagined?, Carlton Bailey

William & Mary Bill of Rights Journal

Since the Supreme Court's decision in Ake v. Oklahoma, it has attempted to determine and clarify the rights of an indigent defendant. Over the past sixteen years, many questions concerning an indigent defendant's access to expert witnesses have been answered, but many questions still remain. In this article, Professor Carlton Bailey attempts to clarify the Ake decision by arguing that an indigent defendant should be able to secure, upon a proper showing, psychiatric and non-psychiatric assistance at state expense.


Individualized School Searches And The Fourth Amendment: What's A School District To Do?, Jason E. Yearout Feb 2002

Individualized School Searches And The Fourth Amendment: What's A School District To Do?, Jason E. Yearout

William & Mary Bill of Rights Journal

As high-profile incidents of school violence appear to become more frequent and severe, public perception has deteriorated to the point where many citizens believe that schools are unsafe and administrators lack the power to control student activity. In their efforts to promote a safe learning environment, many school administrators have attempted to create strict guidelines concerning the power of school personnel to prevent illegal and unsafe activity from taking place at school. However, as administrators devise the rules by which to implement these standards, they are given little guidance by the Supreme Court regarding the application of the Fourth Amendment …


The Long Shadow Of The Confederacy In America's Schools: State-Sponsored Use Of Confederate Symbols In The Wake Of Brown V. Board, Kathleen Riley Feb 2002

The Long Shadow Of The Confederacy In America's Schools: State-Sponsored Use Of Confederate Symbols In The Wake Of Brown V. Board, Kathleen Riley

William & Mary Bill of Rights Journal

Critics of Confederate symbols have become increasingly vocal in recent years, forcing state and local governments to reevaluate their use of such symbols in public settings. This Note tracks the proliferation of Confederate symbols in American society since the 1950s, arguing that such use of these symbols, especially in the realm of public schools, stands in violation of the Constitution. Particularly, the Note analyzes the viability of possible legal remedies to school-sponsored racism based on the lack of government free speech rights, Thirteenth Amendment protections against "Badges of Inferiority," and Fourteenth Amendment claims under the Equal Protection and Due Process …