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Articles 1 - 14 of 14

Full-Text Articles in Law

The Daryl Atkins Story, Mark E. Olive Dec 2014

The Daryl Atkins Story, Mark E. Olive

William & Mary Bill of Rights Journal

No abstract provided.


The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby Dec 2014

The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby

William & Mary Bill of Rights Journal

In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth …


A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola Dec 2014

A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola

William & Mary Bill of Rights Journal

No abstract provided.


Scientizing Culpability: The Implications Of Hall V. Florida And The Possibility Of A “Scientific Stare Decisis”, Christopher Slobogin Dec 2014

Scientizing Culpability: The Implications Of Hall V. Florida And The Possibility Of A “Scientific Stare Decisis”, Christopher Slobogin

William & Mary Bill of Rights Journal

The Supreme Court’s decision in Hall v. Florida held that “clinical definitions” control the meaning of intellectual disability in the death penalty context. In other words, Hall “scientized” the definition of a legal concept. This Article discusses the implications of this unprecedented move. It also introduces the idea of scientific stare decisis—a requirement that groups that are scientifically alike be treated similarly for culpability purposes—as a means of implementing the scientization process.


Challenges Of Conveying Intellectual Disabilities To Judge And Jury, Caroline Everington Dec 2014

Challenges Of Conveying Intellectual Disabilities To Judge And Jury, Caroline Everington

William & Mary Bill of Rights Journal

No abstract provided.


Does Atkins Make A Difference In Non-Capital Cases? Should It?, Paul Marcus Dec 2014

Does Atkins Make A Difference In Non-Capital Cases? Should It?, Paul Marcus

William & Mary Bill of Rights Journal

No abstract provided.


Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis Dec 2014

Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis

William & Mary Bill of Rights Journal

No abstract provided.


Advising Venture & Early-Stage Clients: Current Ear-To-The-Ground Assessment, Gary D. Leclair Nov 2014

Advising Venture & Early-Stage Clients: Current Ear-To-The-Ground Assessment, Gary D. Leclair

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2013-2014, Craig D. Bell, William L.S Rowe Nov 2014

Recent Tax Developments In Virginia: 2013-2014, Craig D. Bell, William L.S Rowe

William & Mary Annual Tax Conference

No abstract provided.


Tortured Prosecuting: Closing The Gap In Virginia's Criminal Code By Adding A Torture Statute, Christopher G. Browne Oct 2014

Tortured Prosecuting: Closing The Gap In Virginia's Criminal Code By Adding A Torture Statute, Christopher G. Browne

William & Mary Law Review

No abstract provided.


The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer Feb 2014

The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer

Popular Media

No abstract provided.


Making Regional And Local Tmdls Work: The Chesapeake Bay Tmdl And Lessons From The Lynnhaven River, Shana Campbell Jones Feb 2014

Making Regional And Local Tmdls Work: The Chesapeake Bay Tmdl And Lessons From The Lynnhaven River, Shana Campbell Jones

William & Mary Environmental Law and Policy Review

This Article will first provide an overview of how restoration developed in the Bay in order to provide a regional context for the Lynnhaven River “total maximum daily load[s]” or TMDL. The Article will then explain the 2011 Chesapeake Bay TMDL and how it potentially foreshadows “next generation” cooperative federalism and watershed restoration because it is generating increased engagement from local government, private citizens, and non-profit restoration efforts. This Article will then tighten its focus to the Lynnhaven River, a local tributary within the Chesapeake Bay watershed, and will examine the local government’s success in implementing measures to meet a …


How To Save The Chesapeake Bay Tmdl: The Critical Role Of Nutrient Offsets, Robert H. Nelson Feb 2014

How To Save The Chesapeake Bay Tmdl: The Critical Role Of Nutrient Offsets, Robert H. Nelson

William & Mary Environmental Law and Policy Review

No abstract provided.


Strengthening The Vpa General Permit: Managing Animal Feeding Operations In Virginia To Meet State Law And The Bay Tmdl, Rachel Cannon, Jason Kane Jan 2014

Strengthening The Vpa General Permit: Managing Animal Feeding Operations In Virginia To Meet State Law And The Bay Tmdl, Rachel Cannon, Jason Kane

Virginia Coastal Policy Center

No abstract provided.