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William & Mary Law School

2016

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Articles 1 - 30 of 264

Full-Text Articles in Law

Copyright Law’S Origin Stories, Laura A. Heymann Dec 2016

Copyright Law’S Origin Stories, Laura A. Heymann

Popular Media

No abstract provided.


The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker Dec 2016

The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker

William & Mary Bill of Rights Journal

No abstract provided.


Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross Dec 2016

Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross

William & Mary Bill of Rights Journal

No abstract provided.


The Flawed Reasoning Behind Johnson V. United States And A Solution: Why A Facts-Based Approach Should Have Been Used To Interpret The Residual Clause Of The Armed Career Criminal Act, Jake Albert Dec 2016

The Flawed Reasoning Behind Johnson V. United States And A Solution: Why A Facts-Based Approach Should Have Been Used To Interpret The Residual Clause Of The Armed Career Criminal Act, Jake Albert

William & Mary Bill of Rights Journal

No abstract provided.


Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard Dec 2016

Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard

William & Mary Bill of Rights Journal

No abstract provided.


Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney Dec 2016

Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney

William & Mary Bill of Rights Journal

No abstract provided.


Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp Dec 2016

Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp

William & Mary Bill of Rights Journal

No abstract provided.


The Church And Magna Carta, R. H. Helmholz Dec 2016

The Church And Magna Carta, R. H. Helmholz

William & Mary Bill of Rights Journal

No abstract provided.


The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand Dec 2016

The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand

William & Mary Bill of Rights Journal

No abstract provided.


Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry Dec 2016

Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry

William & Mary Bill of Rights Journal

No abstract provided.


Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey Dec 2016

Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey

William & Mary Bill of Rights Journal

No abstract provided.


Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr. Dec 2016

Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr.

William & Mary Bill of Rights Journal

No abstract provided.


The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson Dec 2016

The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson

William & Mary Bill of Rights Journal

No abstract provided.


Science & Policy Issues Surrounding The Project, Emily Tucker, Patrick Harner Dec 2016

Science & Policy Issues Surrounding The Project, Emily Tucker, Patrick Harner

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Sustainable Water Initiative For Tomorrow (Swift) Wastewater Injection Project, Ted Henifin, Charles Bott Dec 2016

Sustainable Water Initiative For Tomorrow (Swift) Wastewater Injection Project, Ted Henifin, Charles Bott

Virginia Coastal Policy Center Annual Conference

No abstract provided.


The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick Dec 2016

The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick

Faculty Publications

This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …


The Amicus Machine, Allison Orr Larsen, Neal Devins Dec 2016

The Amicus Machine, Allison Orr Larsen, Neal Devins

Faculty Publications

The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …


Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades Dec 2016

Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades

Faculty Publications

No abstract provided.


The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec Dec 2016

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Faculty Publications

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization ("WTO ") contemplates that violations of one of its covered agreements may be remedied through "cross-retaliation, " or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent …


Intrapreneurship, Darian M. Ibrahim Dec 2016

Intrapreneurship, Darian M. Ibrahim

Faculty Publications

This Article on “intrapreneurship” has several goals. First, it points out that while much of the legal literature on innovation is concerned with startups (entrepreneurship), the innovation that takes place inside our largest corporations (intrapreneurship) is substantial, important, and understudied. Second, the Article observes that while large technology corporations that used to be startups may remain intrapreneurial in culture, intrapreneurship is less common in the aggregate than we might expect. Reasons include organizational bureaucracy, laws favoring entrepreneurship, and what Clayton Christensen (Harvard Business School) calls “the innovator’s dilemma.” The innovator’s dilemma is, put simply, that good management causes large corporations …


An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts Dec 2016

An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts

Faculty Publications

No abstract provided.


Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent Nov 2016

Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

No abstract provided.


The Constitution Of Agency Statutory Interpretation, Evan J. Criddle Nov 2016

The Constitution Of Agency Statutory Interpretation, Evan J. Criddle

Faculty Publications

No abstract provided.


Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele Nov 2016

Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele

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

This Article first focuses on the history of CSEC (commercially sexually exploited children) legislation in the United States by contextualizing the history of state anti-trafficking laws within the larger anti-trafficking policy framework of federal U.S. statutes and United Nations’ (U.N.) protocols. The second and third sections address the variables, statistical model, and results of our data analysis. The fourth section discusses the implications of these findings. The Article concludes with practical considerations for future CSEC legislative efforts on the state level.


When Sex Trafficking Victims Turn Eighteen: The Problematic Focus On Force, Fraud, And Coercion In U.S. Human Trafficking Laws, Julianne Siegfriedt Nov 2016

When Sex Trafficking Victims Turn Eighteen: The Problematic Focus On Force, Fraud, And Coercion In U.S. Human Trafficking Laws, Julianne Siegfriedt

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

No abstract provided.


Sex Workers And Human Rights: A Critical Analysis Of Laws Regarding Sex Work, Rachel Marshall Nov 2016

Sex Workers And Human Rights: A Critical Analysis Of Laws Regarding Sex Work, Rachel Marshall

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

No abstract provided.


License To Abuse: Confronting Coach-Inflicted Sexual Assault In American Olympic Sports, Haley O. Morton Nov 2016

License To Abuse: Confronting Coach-Inflicted Sexual Assault In American Olympic Sports, Haley O. Morton

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

No abstract provided.


Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan Nov 2016

Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan

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

No abstract provided.


White Slavery In The Northwoods: Early U.S. Anti–Sex Trafficking And Its Continuing Relevance To Trafficking Reform, Bonnie Shucha Nov 2016

White Slavery In The Northwoods: Early U.S. Anti–Sex Trafficking And Its Continuing Relevance To Trafficking Reform, Bonnie Shucha

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

No abstract provided.


Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins Nov 2016

Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins

Popular Media

No abstract provided.