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Articles 31 - 60 of 103
Full-Text Articles in Law
Texting While Driving Meets The Fourth Amendment: Deterring Both Texting And Warrantless Cell Phone Searches, Adam M. Gershowitz
Texting While Driving Meets The Fourth Amendment: Deterring Both Texting And Warrantless Cell Phone Searches, Adam M. Gershowitz
Faculty Publications
Recent laws criminalizing texting while driving are under-inclusive, ambiguous, and impose light punishments that are unlikely to deter. At the same time, the laws empower police to conduct warrantless searches of drivers’ cell phones. Texting while driving is dangerous and should be punished with stiff fines, possible jail time, license suspensions, and interlock devices that prevent use of phones while driving. However, more severe punishment will not eliminate police authority to conduct warrantless cell phone searches. This Article therefore proposes that legislatures allow drivers to immediately confess to texting while driving in exchange for avoiding a search of their phones. …
The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann
The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann
Faculty Publications
No abstract provided.
Confronting Supreme Court Fact Finding, Allison Orr Larsen
Confronting Supreme Court Fact Finding, Allison Orr Larsen
Faculty Publications
No abstract provided.
Subverting Symbolism: The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act And Cooperative Federalism, Kami Chavis Simmons
Subverting Symbolism: The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act And Cooperative Federalism, Kami Chavis Simmons
Faculty Publications
Hate crimes continue to persist in the United States and undermine the traditions and values to which the country aspires. Until recently, however, the stringent jurisdictional limitations of existing federal legislation made it difficult for the federal government to prosecute these crimes. In October 2009, President Obama signed into law the Matthew Shepard James Byrd Jr., Hate Crimes Prevention Act (the "HCPA"). The HCPA significantly expands the federal government's authority to prosecute defendants accused of hate crimes because it dispenses with a previous jurisdictional requirement that made it difficult to prosecute many such crimes. The HCPA also represents an expansion …
The Cryptopticon: The Legal, Ethical, And Intellectual Implications Of "Big Data"
The Cryptopticon: The Legal, Ethical, And Intellectual Implications Of "Big Data"
Stanley H. Mervis Lecture
No abstract provided.
Erie, Swift, And Legal Positivism, Michael S. Green
Erie, Swift, And Legal Positivism, Michael S. Green
Popular Media
No abstract provided.
Section 2: Roberts Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Roberts Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 7: Gay Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Gay Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 1: Moot Court: Fisher V. University Of Texas At Austin, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Fisher V. University Of Texas At Austin, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 5: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 4: International Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: International Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The William & Mary Law School Lewis B. Puller, Jr. Veterans Benefits Clinic And Hmvhe News (Vol. 1, Issue 1), Lewis B. Puller, Jr. Veterans Benefits Clinic
The William & Mary Law School Lewis B. Puller, Jr. Veterans Benefits Clinic And Hmvhe News (Vol. 1, Issue 1), Lewis B. Puller, Jr. Veterans Benefits Clinic
Lewis B. Puller, Jr. Veterans Benefits Clinic
No abstract provided.
The Political Puzzle Of The Civil Jury, Jason M. Solomon
The Political Puzzle Of The Civil Jury, Jason M. Solomon
Faculty Publications
At the root of many contemporary debates over the civil justice or tort system—debates over punitive damages, preemption, and tort reform more broadly—are underlying questions about the justification for the civil jury. The United States is the only country that still uses a jury in civil cases, and most civil jury trials are tort trials. The jury has more power to decide questions of law in tort than in any other area of law, so any serious discussion of tort law must have the civil jury at its center.
The debate over the jury—in both the academic literature and the …
Informal Institutions And Property Rights, Lan Cao
Informal Institutions And Property Rights, Lan Cao
Faculty Publications
No abstract provided.
Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney
Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney
Faculty Publications
No abstract provided.
Chick-Fil-A And The Problem Of Soft Censorship, Nathan B. Oman
Chick-Fil-A And The Problem Of Soft Censorship, Nathan B. Oman
Popular Media
No abstract provided.
Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele
Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele
Library Staff Publications
No abstract provided.
How Librarians Can Help Improve Law Journal Publishing, Benjamin J. Keele, Michelle Pearse
How Librarians Can Help Improve Law Journal Publishing, Benjamin J. Keele, Michelle Pearse
Library Staff Publications
Librarians are well positioned to improve law journal publishing and help it evolve in the ever-changing digital environment. They can provide student editors with advice on a variety of issues such as copyright, data preservation, and version control. Librarians can also help journals adopt technical standards and improve the discoverability and usability of journal content. While few libraries will be able to adopt all these suggestions, a checklist of ideas is provided to help librarians select those that are most suitable to their libraries and journals.
Rethinking Microfinance, Lan Cao
English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney
English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney
Faculty Publications
Article looks at a historical problem—the first use of case law by English royal justices in the thirteenth century—and makes it a starting point for thinking about the ways legal reasoning works in the modern common law. In the first Part of the Article, I show that, at its origin, the English justices’ use of decided cases as a source of law was inspired by the work civil and canon law scholars were doing with written authorities in the medieval universities. In an attempt to make the case that English law was on par with civil law and canon law, …
Promise And Private Law, Nathan B. Oman
Promise And Private Law, Nathan B. Oman
Faculty Publications
This essay was part of a symposium on the thirtieth anniversary of the publication of Charles Fried's Contract as Promise and revisits Fried's theory in light of two developments in the private-law scholarship: the rise of corrective justice and civil-recourse theories. The structural features that motivate these theories-the bilateralism of damages and the private standing of plaintiffs-are both elements of the law of contracts that Contract as Promise sets out to explain. I begin with the issue of bilateralism. Remedies--in particular the defense of expectation damages--occupy much of Fried's attention in Contract as Promise, and he insists that this particular …
Democratic Inclusion, Cognitive Development, And The Age Of Electoral Majority, Vivian E. Hamilton
Democratic Inclusion, Cognitive Development, And The Age Of Electoral Majority, Vivian E. Hamilton
Faculty Publications
No abstract provided.
From Oxford To Williamsburg: The Evolution Of Legal Education And Law Libraries Across The Pond, James S. Heller
From Oxford To Williamsburg: The Evolution Of Legal Education And Law Libraries Across The Pond, James S. Heller
Library Staff Publications
No abstract provided.
The Hunger Games, James S. Heller
An Overview Of Patent Prosecution, Frederick W. Dingledy
An Overview Of Patent Prosecution, Frederick W. Dingledy
Library Staff Publications
No abstract provided.
A Name I Call Myself: Creativity And Naming, Laura A. Heymann
A Name I Call Myself: Creativity And Naming, Laura A. Heymann
Faculty Publications
In recent years, various disputes involving the use of creative works have demonstrated how trademark-related concerns lurk at the heart of what are ostensibly copyright-related claims. When recording artists such as Jackson Browne or the members of Heart object to the unauthorized use of their songs in connection with a political campaign, they are most likely not troubled about the loss of revenue resulting from the use; rather, they are likely concerned that the public will wrongly assume that the use of the song indicates that they have endorsed the political candidate. But because it is sometimes easier for them …
The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer
The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer
Faculty Publications
Some tout parental school choice as a strategy for promoting, among other school-related goods, educational innovation. This Article offers clarifying and skeptical thoughts about that position. It first explains what “educational innovation” and “parental choice” mean. It then considers what limitations on this strategy might arise from existing legal regulations, from market forces, or from ethical obligations to children. Finally, the Article explains why parental choice is also unlikely to improve education for the children most in need of a better academic environment and suggests an alternative approach to student reassignment that is much more likely to do so.
Ruling In Georgia State Copyright Case Is Mostly Good News For Libraries, James S. Heller, Paul Hellyer, Benjamin J. Keele
Ruling In Georgia State Copyright Case Is Mostly Good News For Libraries, James S. Heller, Paul Hellyer, Benjamin J. Keele
Popular Media
No abstract provided.