Law Commons^™

Why Gays Should Not Serve In The United States Armed Forces: A Gay Liberationist Statement Of Principle, Shannon Gilreath

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

No abstract provided.

The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters

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

No abstract provided.

"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer

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

No abstract provided.

Splitting Hairs: What Subtle Distinctions Teach Us About Authority, Benjamin J. Keele

Library Staff Publications

Legal researchers constantly deal with issues of authority. Did the police have authority to search the car? Is this court of appeals decision binding authority on my case? What statutes are authoritative in my jurisdiction? These questions are important, and librarians often help find answers. The question of authority that librarians are best equipped to answer, however, is “How authoritative is this source?”

The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong

William & Mary Environmental Law and Policy Review

No abstract provided.

Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor

William & Mary Environmental Law and Policy Review

No abstract provided.

Culture Matters: Cultural Differences In The Reporting Of Employment Discrimination Claims, Andrew Tae-Hyun Kim

William & Mary Bill of Rights Journal

Why don’t reasonable people complain about discrimination? Behavioral science evidence points to structural barriers, like the fear of retaliation and the lack of sociocultural power in the workplace, that discourage employees from reporting. By not reporting perceived discriminatory or harassing conduct, the employee not only underutilizes Title VII’s administrative scheme—which was created precisely to remedy and deter such conduct—but also incurs a heavy litigative cost in employer liability suits. This Article claims that for certain minority groups, namely Asian Americans, certain cultural differences significantly heighten those structural barriers and consequently leave them underprotected in the legal system. The Article locates …

Securing Sovereign State Standing, Katherine Mims Crocker

Faculty Publications

No abstract provided.

Introduction, Jayne W. Barnard

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

No abstract provided.

Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke

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

No abstract provided.

The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus

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

No abstract provided.

Hybridizing Jurisdiction, Scott Dodson

Faculty Publications

Federal jurisdiction – the “power” of the court – is seen as something separate and unique. As such, it has a litany of special effects that define jurisdictionality as the antipode of nonjurisdictionality. The resulting conceptualization is that jurisdictionality and nonjurisdictionality occupy mutually exclusive theoretical and doctrinal space. In a recent Article in Stanford Law Review, I refuted this rigid dichotomy of jurisdictionality and nonjurisdictionality by explaining that nonjurisdictional rules can be “hybridized” with any – or even all – of the attributes of jurisdictionality.

This Article drops the other shoe. Jurisdictional rules can be hybridized, too, and in myriad …

The Bp Deepwater Horizon: A Cautionary Tale For Ccs, Hydrofracking, Geoengineering And Other Emerging Technologies With Environmental And Human Health Risks, Mark A. Latham

William & Mary Environmental Law and Policy Review

This Article first discusses the technological issues surrounding the BP Deepwater Horizon and summarizes how regulator and industry reliance on an inadequate fail-safe device played a crucial role in this disaster. Next, I discuss the fundamentals of carbon capture and sequestration, hydraulic fracturing, and geoengineering; that is, I attempt to capture what they involve, followed by the environmental and human health risks they present. I then summarize the current or proposed regulation of these technologies and analyze whether those regulations are sufficient to adequately protect human health and the environment. I conclude with recommendations for policymakers and regulators to consider …

Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann

William & Mary Environmental Law and Policy Review

No abstract provided.

Here Comes The Sun: Solar Power Parity With Fossil Fuels, Nathan Mee, Marc Miller

William & Mary Environmental Law and Policy Review

There is wide agreement across the political spectrum that the United States should develop domestic, renewable sources of energy. There are many ways to describe the challenges of a transition from a fossil fuel economy to one fueled by atoms, the sun, or the wind, but in a nutshell, the problem is said to be cost: the basic reason the United States continues overwhelmingly to rely on fossil fuels is that they are comparatively cheap, and alternative energy is relatively expensive.

Or so it seems. This Article is intended to encourage more open discussion about real energy costs. To keep …

India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan

William & Mary Environmental Law and Policy Review

No abstract provided.

The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick

William & Mary Environmental Law and Policy Review

No abstract provided.

Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee

William & Mary Environmental Law and Policy Review

No abstract provided.

Sacrifice And Sacred Honor: Why The Constitution Is A "Suicide Pact", Peter Brandon Bayer

William & Mary Bill of Rights Journal

Most legal scholars and elected officials embrace the popular cliché that “the Constitution is not a suicide pact.” Typically, those commentators extol the “Constitution of necessity,” the supposition that Government, essentially the Executive, may take any action—may abridge or deny any fundamental right—to alleviate a sufficiently serious national security threat. The “Constitution of necessity” is wrong. This Article explains that strict devotion to the “fundamental fairness” principles of the Constitution’s Due Process Clauses is America’s utmost legal and moral duty, surpassing all other considerations, even safety, security and survival.

The analysis begins with the most basic premises: the definition of …

Restoring "Life, Liberty, And The Pursuit Of Happiness" In Our Constitutional Jurisprudence: An Exercise In Legal History, Patrick J. Charles

William & Mary Bill of Rights Journal

No abstract provided.

Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino

William & Mary Bill of Rights Journal

Student expressive association on campus is a thorny thicket. Student affinity groups often choose to organize around a shared principle or characteristic of the groups’ members, which, by definition, makes those students different in some way from their peers. In order to preserve the group’s sense of uniqueness, these groups often then wish to control their own membership and voting policies. They feel, in essence, entitled to discriminate—a right arguably embodied by the First Amendment freedom of expressive association. When campus groups actually exercise this right, however, they run into university antidiscrimination policies, which can cost them official campus recognition. …

All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh

William & Mary Bill of Rights Journal

No abstract provided.

The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le

William & Mary Bill of Rights Journal

No abstract provided.

Wage Taxes And Compensating S Corporation Officers And Members Of Llcs And Llps, John W. Lee

William & Mary Annual Tax Conference

No abstract provided.

Compensating Employees And Employee Owners, And Avoiding Problems With Payroll Tax And Executive Compensation Audits, Mary B. Hevener

William & Mary Annual Tax Conference

No abstract provided.

Accounting Methods, Keith Hennessy

William & Mary Annual Tax Conference

No abstract provided.

Uncertain Tax Positions, Nikki Swaney

William & Mary Annual Tax Conference

No abstract provided.

Going Big: Update On States Seeking To Expand Tax Jurisdiction, Tax Base And Enforcement, Jeffrey A. Friedman, Richard Pomp

William & Mary Annual Tax Conference

No abstract provided.

The Road Ahead: Deficit Reduction And Tax Reform, Caroline L. Harris

William & Mary Annual Tax Conference

No abstract provided.

The 2010 Tax Act's Impact On Estate Planning

William & Mary Annual Tax Conference

No abstract provided.