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William & Mary Law School

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2015

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Articles 91 - 107 of 107

Full-Text Articles in Law

Privacy Issues And The Paparazzi, Devan Orr Apr 2015

Privacy Issues And The Paparazzi, Devan Orr

Library Staff Publications

In order to understand the current statutes and their implication for privacy issues, Part I explores the history of the paparazzi and their invasion into the lives and privacy of celebrities as a safety concern. Part II reviews the history of both California Penal Code 11414 and California Civil Code 1708.8. Part III examines the text of California Penal Code 11414 and California Civil Code 1708.7, 1708.8, and 1708.9, as amended by the three bills. Part IV analyzes how the statutes as amended interact with the common law torts of intrusion and trespass and discusses how the statutes interact with …


“First, Do No Harm”: Legal Guidelines For Health Programmes Affecting Adolescents Aged 10–17 Who Sell Sex Or Inject Drugs, Brendan M. Conner Feb 2015

“First, Do No Harm”: Legal Guidelines For Health Programmes Affecting Adolescents Aged 10–17 Who Sell Sex Or Inject Drugs, Brendan M. Conner

Faculty Publications

No abstract provided.


Surveying The Field: The Role Of Surveys In Trademark Litigation, Laura A. Heymann Feb 2015

Surveying The Field: The Role Of Surveys In Trademark Litigation, Laura A. Heymann

Popular Media

No abstract provided.


George Wythe And The Study Of Roman Civil Law In Williamsburg, Linda K. Tesar Feb 2015

George Wythe And The Study Of Roman Civil Law In Williamsburg, Linda K. Tesar

Library Staff Publications

No abstract provided.


Surviving The Streets Of New York: Experiences Of Lgbtq Youth, Ymsm, And Ywsw Engaged In Survival Sex, Meredith Dank, Jennifer Yahner, Kuniko Madden, Isela Bañuelos, Lilly Yu, Andrea Ritchie, Mitchyll Mora, Brendan M. Conner Feb 2015

Surviving The Streets Of New York: Experiences Of Lgbtq Youth, Ymsm, And Ywsw Engaged In Survival Sex, Meredith Dank, Jennifer Yahner, Kuniko Madden, Isela Bañuelos, Lilly Yu, Andrea Ritchie, Mitchyll Mora, Brendan M. Conner

Faculty Publications

No abstract provided.


The Significance Of The Corpus Juris Civilis: Matilda Of Canossa And The Revival Of Roman Law, Thomas J. Mcsweeney, Michéle K. Spike Feb 2015

The Significance Of The Corpus Juris Civilis: Matilda Of Canossa And The Revival Of Roman Law, Thomas J. Mcsweeney, Michéle K. Spike

Faculty Publications

No abstract provided.


Library Director As Negotiator/Horse Trader: Analysis Two, James S. Heller Jan 2015

Library Director As Negotiator/Horse Trader: Analysis Two, James S. Heller

Library Staff Publications

No abstract provided.


Increasing Police Accountability: Restoring Trust And Legitimacy Through The Appointment Of Independent Prosecutors, Kami Chavis Simmons Jan 2015

Increasing Police Accountability: Restoring Trust And Legitimacy Through The Appointment Of Independent Prosecutors, Kami Chavis Simmons

Faculty Publications

Criminal prosecution of police officers raises a myriad of issues that this Article will begin to explore. First, while there has been a paradigmatic shift in police accountability in recent decades from remedies focusing on individual officers to those focusing on broad organizational reform, this Article will explore the important role that the deterrence rationale of criminal prosecution might play as one tool to address police misconduct. Second, other than deterrence, criminal prosecutions serve numerous goals, including retribution for the harms imposed upon the victims and society for the crimes. Historically, many racial minorities, when compared with their white counterparts, …


Rationalizing Cost Allocation In Civil Discovery, A. Benjamin Spencer Jan 2015

Rationalizing Cost Allocation In Civil Discovery, A. Benjamin Spencer

Faculty Publications

A movement is afoot to revise the longstanding presumption that in civil litigation the producing party bears the cost of production in response to discovery requests. An amendment to Rule 26( c )-which took effect in December 2015-makes explicit courts' authority to issue protective orders that shift discovery costs away from producing parties. But this authority is not new; what is new is what may be coming next-an undoing of the producer-pays presumption itself. Thus far, the sentiment to move in this direction has been slightly below the radar, advocated by probusiness interest groups and advocates before the Advisory Committee …


International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman Jan 2015

International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman

Faculty Publications

No abstract provided.


Standing For Human Rights Abroad, Evan J. Criddle Jan 2015

Standing For Human Rights Abroad, Evan J. Criddle

Faculty Publications

When may states impose coercive measures such as asset freezes, trade embargos, and investment restrictions to protect the human rights of foreign nationals abroad? Drawing inspiration from Hugo Grotius’s guardianship account of humanitarian intervention, this Article offers a new theory of states’ standing to enforce human rights abroad: under some circumstances, international law authorizes states to impose countermeasures as fiduciary representatives, asserting the human rights of oppressed foreign peoples for the benefit of those peoples. The fiduciary theory explains why all states may use countermeasures to vindicate the human rights of foreign nationals abroad despite the fact that they do …


Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans, Christopher L. Griffin Jr., Michael Ashley Stein Jan 2015

Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans, Christopher L. Griffin Jr., Michael Ashley Stein

Faculty Publications

No abstract provided.


Abc V. Aereo And The Humble Judge, James Y. Stern Jan 2015

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

Faculty Publications

No abstract provided.


From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs Jan 2015

From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs

Faculty Publications

No abstract provided.


Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James G. Dwyer Jan 2015

Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James G. Dwyer

Faculty Publications

No abstract provided.


Professional Rights Speech, Timothy Zick Jan 2015

Professional Rights Speech, Timothy Zick

Faculty Publications

Some regulations of professional-client communications raise important, but sofar largely overlooked, constitutional concerns. Three recent examples of professional speech regulation-restrictions on physician inquiries regarding firearms, "reparative" therapy bans, and compelled abortion disclosures-highlight an important intersection between professional speech and constitutional rights. In each of the three examples, state regulations implicate a non-expressive constitutional right--the right to bear arms, equality, and abortion. States are actively, sometimes even aggressively, using their licensing authority to limit and structure conversations between professionals and their clients regarding constitutional rights. The author contends that government regulation of "professional rights speech" should be subjected to heightened First …


Stock-Market Law And The Accuracy Of Public Companies’ Stock Prices, Kevin S. Haeberle Jan 2015

Stock-Market Law And The Accuracy Of Public Companies’ Stock Prices, Kevin S. Haeberle

Faculty Publications

The social benefits of more accurate stock prices—that is, stock-market prices that more accurately reflect the future cash flows that companies are likely to produce—are well established. But it is also thought that market forces alone will lead to only a sub-optimal level of stock-price accuracy—a level that fails to obtain the maximum net social benefits, or wealth, that would result from a higher level. One of the principal aims of federal securities law has therefore been to increase the extent to which the stock prices of the most important companies in our economy (public companies) contain information about firms’ …