Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (33)
- Environmental Law (24)
- Intellectual Property Law (18)
- International Law (16)
- Social and Behavioral Sciences (15)
-
- First Amendment (14)
- Immigration Law (13)
- Supreme Court of the United States (12)
- Family Law (10)
- Business Organizations Law (9)
- Civil Rights and Discrimination (9)
- Library and Information Science (9)
- Military, War, and Peace (9)
- Property Law and Real Estate (9)
- Law Librarianship (8)
- Legal Education (7)
- Fourth Amendment (6)
- Tax Law (6)
- Antitrust and Trade Regulation (5)
- Business (5)
- Courts (5)
- Law and Gender (5)
- State and Local Government Law (5)
- Taxation-Federal (5)
- Banking and Finance Law (4)
- Comparative and Foreign Law (4)
- Criminal Procedure (4)
- Election Law (4)
- Energy and Utilities Law (4)
- Keyword
-
- United States Constitution (15)
- United States Constitution 1st Amendment (11)
- International Law (10)
- United States Supreme Court (10)
- Constitutional Law (6)
-
- Immigration Policy (6)
- Copyright (5)
- Federalism (5)
- Freedom of Speech (5)
- Immigration Law (5)
- Income Tax (5)
- International (5)
- Patent Law (5)
- Right of Privacy (5)
- Women (5)
- Property Rights (4)
- Separation of Powers (4)
- States (4)
- United States Constitution 14th Amendment (4)
- Adversary System (3)
- Church and State (3)
- Civil Law (3)
- Common Law (3)
- Confrontation (3)
- Criminal Procedure (3)
- Cutler Lecture (3)
- Economics (3)
- Equal Protection (3)
- Executive Power (3)
- Freedom of Religion (3)
- Publication
-
- Faculty Publications (51)
- William & Mary Law Review (37)
- William & Mary Bill of Rights Journal (30)
- William & Mary Environmental Law and Policy Review (25)
- William & Mary Journal of Race, Gender, and Social Justice (18)
-
- Library Staff Publications (14)
- William & Mary Annual Tax Conference (14)
- William & Mary Business Law Review (13)
- Popular Media (12)
- Supreme Court Preview (7)
- Appellate and Supreme Court Clinic (1)
- Brigham-Kanner Property Rights Journal (1)
- Lewis B. Puller, Jr. Veterans Benefits Clinic (1)
- Stanley H. Mervis Lecture (1)
- Student Award Winning Papers (1)
- W&M Law Student Publications (1)
- Publication Type
Articles 31 - 60 of 227
Full-Text Articles in Law
Naturalness And Biodoversity: Why Natural Conditions Should Be Maintained Within Protected Areas, Gordon Steinhoff
Naturalness And Biodoversity: Why Natural Conditions Should Be Maintained Within Protected Areas, Gordon Steinhoff
William & Mary Environmental Law and Policy Review
No abstract provided.
Virginia's Moratorium: Is Uranium Mining On The Horizon In The Commonwealth?, William Brice Fiske
Virginia's Moratorium: Is Uranium Mining On The Horizon In The Commonwealth?, William Brice Fiske
William & Mary Environmental Law and Policy Review
No abstract provided.
Red, White, And Green: A Federal Sustainability Vision For The National Capital, L. Preston Bryant Jr.
Red, White, And Green: A Federal Sustainability Vision For The National Capital, L. Preston Bryant Jr.
William & Mary Environmental Law and Policy Review
No abstract provided.
Monsanto V. Geertson Farms: Congressional Intent, Judicial Infidelity, And The National Environmental Policy Act, Alexander Macdonald
Monsanto V. Geertson Farms: Congressional Intent, Judicial Infidelity, And The National Environmental Policy Act, Alexander Macdonald
William & Mary Environmental Law and Policy Review
No abstract provided.
The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi
The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi
William & Mary Environmental Law and Policy Review
Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …
Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon, William Pentland
Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon, William Pentland
William & Mary Environmental Law and Policy Review
No abstract provided.
A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert
A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert
William & Mary Environmental Law and Policy Review
No abstract provided.
The Tsunami Of March 2011 And The Subsequent Nuclear Incident At Fukushima: Who Compensates The Victims, Michael Faure, Jing Liu
The Tsunami Of March 2011 And The Subsequent Nuclear Incident At Fukushima: Who Compensates The Victims, Michael Faure, Jing Liu
William & Mary Environmental Law and Policy Review
No abstract provided.
Shaping California's Prisons: How The Alternative Custody Program, Designed To Remedy The State's Eighth Amendment Violations In The Prison System, Encroaches On Equal Protection, Emilie A. Whitehurst
Shaping California's Prisons: How The Alternative Custody Program, Designed To Remedy The State's Eighth Amendment Violations In The Prison System, Encroaches On Equal Protection, Emilie A. Whitehurst
William & Mary Bill of Rights Journal
No abstract provided.
The Only Thing We Have To Fear Is Fear Itself: Islamophobia And The Recently Proposed Unconstitutional And Unnecessary Anti-Religion Laws, Lee Tankle
William & Mary Bill of Rights Journal
No abstract provided.
A Clarification Of The Constitution's Application Abroad: Making The "Impracticable And Anomalous" Standard More Practicable And Less Anomalous, Jesse Merriam
William & Mary Bill of Rights Journal
No abstract provided.
Bridging The Liability Gap: How Kowalski's Interpretation Of Reasonable Foreseeability Limits School Liability For Inaction In Cases Of Cyberbullying, Christopher A. Sickles
Bridging The Liability Gap: How Kowalski's Interpretation Of Reasonable Foreseeability Limits School Liability For Inaction In Cases Of Cyberbullying, Christopher A. Sickles
William & Mary Bill of Rights Journal
No abstract provided.
Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter
Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter
William & Mary Bill of Rights Journal
Investigating allegations of child abuse or neglect presents unique challenges, particularly if parents or guardians are the alleged perpetrators. Those accused of harming the children are in a position to prevent the victims from getting access to the help they need to escape their abuser(s). The courts have not clearly defined the federal constitutional boundaries of searches and seizures in this context. The Supreme Court, in particular, has not weighed in on the constitutionality of warrantless searches and seizures in connection with abuse and neglect investigations. This lack of Supreme Court guidance has led to unpredictable and sometimes conflicting opinions …
Creating Hammer V. Dagenhart, Logan E. Sawyer Iii
Creating Hammer V. Dagenhart, Logan E. Sawyer Iii
William & Mary Bill of Rights Journal
No abstract provided.
The Real Rules Of "Search" Interpretations, Luke M. Milligan
The Real Rules Of "Search" Interpretations, Luke M. Milligan
William & Mary Bill of Rights Journal
The Supreme Court tells us that a Fourth Amendment “search” is a matter of “reasonable expectations of privacy.” Scholars meanwhile debate “search” on the axes of value, doctrine, institutionalism, interpretation, and judicial politics. Yet neither prevailing judicial doctrine nor normative academic discourse has had much impact on the Court’s actual “search” interpretations. This article suggests that this static between “paper” rules and “real” rules (and, more generally, normative prescriptions and judicial decisionmaking) is a function of a deep constraint on the judiciary’s capacity to form “search” doctrine in free accordance with evolving juridical and policy norms. This constraint is one …
Beyond Morrison: The Effect Of The "Presumption Against Extraterritoriality" And The Transactional Test On Foreign Tender Offers, Vladislava Soshkina
Beyond Morrison: The Effect Of The "Presumption Against Extraterritoriality" And The Transactional Test On Foreign Tender Offers, Vladislava Soshkina
William & Mary Law Review
No abstract provided.
Information Wants To Be Free (Of Sanctions): Why The President Cannot Prohibit Foreign Access To Social Media Under U.S. Export Regulations, Jarred O. Taylor Iii
Information Wants To Be Free (Of Sanctions): Why The President Cannot Prohibit Foreign Access To Social Media Under U.S. Export Regulations, Jarred O. Taylor Iii
William & Mary Law Review
No abstract provided.
Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman
Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman
William & Mary Law Review
Cities are the locales of numerous interactions that generate externalities—both negative and positive. Although the common law provides a vast array of mechanisms for limiting negative externalities, there is a striking absence of provisions for stimulating the production of positive ones. As a consequence, activities whose social benefits are greater than their private costs are not undertaken, with a resulting efficiency loss.
In this Article, we demonstrate how cities can develop commercial districts that allow for the capture of positive externalities by following the example of suburban malls. In malls, anchor stores provide positive externalities—additional customers—to neighboring stores. Anchors capture …
The Equal Protection Implications Of Government's Hateful Speech, Helen Norton
The Equal Protection Implications Of Government's Hateful Speech, Helen Norton
William & Mary Law Review
Under what circumstances should we understand government’s racist or otherwise hateful speech to violate the Equal Protection Clause? Government speech that communicates hostility or animus on the basis of race, gender, national origin, sexual orientation, or other class status can facilitate private parties’ discriminatory behavior, deter its targets from certain important opportunities or activities, and communicate a message of exclusion and second-class status. Contemporary equal protection doctrine, however, does not yet fully address the harms that such government expression potentially poses. The recent emergence of the Court’s government speech doctrine—which to date has emphasized the value of government expression without …
Resolving Election Error: The Dynamic Assessment Of Materiality, Justin Levitt
Resolving Election Error: The Dynamic Assessment Of Materiality, Justin Levitt
William & Mary Law Review
The ghosts of the 2000 presidential election will return in 2012. Photo-finish and error-laden elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet despite widespread agreement on the likelihood of another national meltdown, neither courts nor scholars have developed consistent principles for resolving the errors that cause the chaos.
This Article advances such a principle, reflecting the underlying values of the electoral process. It argues that the resolution of an …
Jurisdictional Procedure, Justin Pidot
Jurisdictional Procedure, Justin Pidot
William & Mary Law Review
Scholars have lavished attention on the substance of jurisdictional doctrines such as standing, mootness, diversity, and federal question. They have left largely unexamined, however, the procedures courts use to address these doctrines; collectively, I refer to these procedures as “jurisdictional procedure.” A paramount feature of jurisdictional procedure is the unique and virtually unqualified obligation federal courts possess to identify and decide issues of subject matter jurisdiction even if the parties and lower courts overlook these issues. Courts have reached no consensus about how to identify the facts necessary to effectuate this obligation. The confluence of court-initiated legal inquiry and unpredictable …
Setting The Statute Of Limitations In United States V. Home Concrete & Supply, Llc, 132 S. Ct. 1836 (2012), Joan I. Oppenheimer
Setting The Statute Of Limitations In United States V. Home Concrete & Supply, Llc, 132 S. Ct. 1836 (2012), Joan I. Oppenheimer
William & Mary Annual Tax Conference
No abstract provided.
A Primer On Us. Taxation Of International Transactions (Outline), William B. Sherman
A Primer On Us. Taxation Of International Transactions (Outline), William B. Sherman
William & Mary Annual Tax Conference
No abstract provided.
School Of Risk Control Excellence: Responsibilities In Tax Practice And Malpractice Risks, Diane S. Wainwright
School Of Risk Control Excellence: Responsibilities In Tax Practice And Malpractice Risks, Diane S. Wainwright
William & Mary Annual Tax Conference
No abstract provided.
An Objective View Of Insurance: Advanced Life Insurance Planning Case Studies (Slides), Thomas J. Pauloski
An Objective View Of Insurance: Advanced Life Insurance Planning Case Studies (Slides), Thomas J. Pauloski
William & Mary Annual Tax Conference
No abstract provided.
Statute Of Limitations For Overstatements Of Basis, Richard T. Rice
Statute Of Limitations For Overstatements Of Basis, Richard T. Rice
William & Mary Annual Tax Conference
No abstract provided.
A Primer On Us. Taxation Of International Transactions (Slides), William B. Sherman
A Primer On Us. Taxation Of International Transactions (Slides), William B. Sherman
William & Mary Annual Tax Conference
No abstract provided.
Partnership Tax Planning Without Falling Into The Canal (Slides), Andrea M. Whiteway
Partnership Tax Planning Without Falling Into The Canal (Slides), Andrea M. Whiteway
William & Mary Annual Tax Conference
No abstract provided.
Federal Tax Update: Structuring Deals In 2012 And Beyond (Slides), Stephen L. Owen
Federal Tax Update: Structuring Deals In 2012 And Beyond (Slides), Stephen L. Owen
William & Mary Annual Tax Conference
No abstract provided.
Introduction To M&A Tax: Due Diligence Traps In S Corp Acquisitions (Slides), Robert G. Mcelroy, William M. Richardson
Introduction To M&A Tax: Due Diligence Traps In S Corp Acquisitions (Slides), Robert G. Mcelroy, William M. Richardson
William & Mary Annual Tax Conference
No abstract provided.