Law Commons^™

The Changing Role Of The American Prosecutor, Jeffrey Bellin

Faculty Publications

No abstract provided.

Janus-Faced Judging: How The Supreme Court Is Radically Weakening Stare Decisis, Michael Gentithes

William & Mary Law Review

Drastic changes in Supreme Court doctrine require citizens to reorder their affairs rapidly, undermining their trust in the judiciary. Stare decisis has traditionally limited the pace of such change on the Court. It is a bulwark against wholesale jurisprudential reversals. But, in recent years, the stare decisis doctrine has come under threat.

With little public or scholarly notice, the Supreme Court has radically weakened stare decisis in two ways. First, the Court has reversed its long-standing view that a precedent, regardless of the quality of its reasoning, should stand unless there is some special, practical justification to overrule it. Recent …

The Unified Field Solution To The Battle Of The Forms Under The U.N. Sales Convention, Michael P. Van Alstine

William & Mary Law Review

Ours is not an age of nuance. Simple and certain answers are the preferred course, the more so for complicated questions. But human affairs do not come in neat little boxes, and most forms of human interaction are messy, complicated, and idiosyncratic. The station of the law nonetheless is to distill commonalities, draw lines, and craft generally applicable norms of conduct. The problem is that as the subject of regulation grows in complexity and diversity, the ability of the law to make just generalizations decreases. And many fields of human activity reflect a true spectrum, such that certain rules and …

Paying For The Privilege Of Punishment: Reinterpreting Excessive Fines Clause Doctrine To Allow State Prisoners To Seek Relief From Pay-To-Stay Fees, Kristen M. Haight

William & Mary Law Review

Across the country, the criminal justice system is becoming both more private and more expensive. Some prison systems have come to rely on private contractors for electronic monitoring, probation, pretrial services, and incarceration services. At the same time, criminal justice fees are exploding, including fees charged to inmates for their “room and board” while in prison. These fees, sometimes called “pay-to-stay,” are imposed at the state and county level, and how they are applied varies widely. Some take into account inmates’ ability to pay the fees, or the effect on their families. Some do not. Some only apply to prisoners …

Updating The Liability Regime In Outer Space: Why Spacefaring Companies Should Be Internationally Liable For Their Space Objects, Alexander P. Reinert

William & Mary Law Review

Nothing inspires the human imagination quite like outer space. How many people have laid on their backs on a dark, clear night and gazed up at the stars above? The vast expanse of outer space seems endless. But satellite operators are increasingly realizing that space is not endless. Indeed, space is becoming more crowded with space objects, and the threat of these objects causing damage is rapidly growing. The space industry has changed dramatically in recent years, and the threats facing the industry have concurrently evolved.

The world is experiencing the dawn of a new space race—only this time, private …

Law On The Half Shell: Applying A Right-To-Farm Framework To Virginia's Aquaculture Industry, Matt Woodward, Andrew Corso

Virginia Coastal Policy Center

Beginning in the 1970s and 1980s, states responded to mounting land use conflicts by enacting Right-to-Farm or “RTF” laws. These laws serve to protect farmers and other agricultural producers by shielding their operations from nuisance suits. Virginia’s RTF law has helped to resolve land use conflicts and has helped to protect an agricultural industry that is both culturally and economically vital to the state.

Commercial shellfish activity has also historically proven vital to Virginia’s unique coastal identity and economy. Further, over the last several decades, Virginia’s diverse aquaculture industry has grown, making Virginia one of the leading producers of aquacultural …

Courts, Culture, And The Lethal Injection Stalemate, Eric Berger

William & Mary Law Review

The Supreme Court’s 2019 decision in Bucklew v. Precythe reiterated the Court’s great deference to states in Eighth Amendment lethal injection cases. The takeaway is that when it comes to execution protocols, states can do what they want. Events on the ground tell a very different story. Notwithstanding courts’ deference, executions have ground to a halt in numerous states, often due to lethal injection problems. State officials and the Court’s conservative Justices have blamed this development on “anti-death penalty activists” waging “guerilla war” on capital punishment. In reality, though, a variety of mostly uncoordinated actors motivated by a range of …

Genetic Duties, Jessica L. Roberts, Alexandra L. Foulkes

William & Mary Law Review

Most of our genetic information does not change, yet the results of our genetic tests might. Labs reclassify genetic variants in response to advances in genetic science. As a result, a person who took a test in 2010 could take the same test with the same lab in 2020 and get a different result. However, no legal duty requires labs or physicians to inform patients when a lab reclassifies a variant, even if the reclassification communicates clinically actionable information. This Article considers the need for such duties and their potential challenges. In so doing, it offers much-needed guidance to physicians …

Professor Katherine Mims Crocker: Reflections On The Fall 2020 Semester, Katherine Mims Crocker

Law School Personal Reflections on COVID-19

No abstract provided.

Sylvanna Gross ’23: Reflections On The Fall 2020 Semester, Sylvanna Gross

Law School Personal Reflections on COVID-19

No abstract provided.

Mechelle King ’21: Reflections On The Fall 2020 Semester, Mechelle King

Law School Personal Reflections on COVID-19

No abstract provided.

Cleidiane Perez Ll.M. '21: Reflections On The Fall 2020 Semester, Cleidiane Perez

Law School Personal Reflections on COVID-19

No abstract provided.

Associate Dean Laura N. Shepherd: Reflections On The Fall 2020 Semester, Laura N. Shepherd

Law School Personal Reflections on COVID-19

No abstract provided.

Professor Aaron-Andrew Bruhl: Reflections On The Fall 2020 Semester, Aaron-Andrew P. Bruhl

Law School Personal Reflections on COVID-19

No abstract provided.

Max Chu '22: Reflections On The Fall 2020 Semester, Max Chu

Law School Personal Reflections on COVID-19

No abstract provided.

Joseph Demarco '22: Reflections On The Fall 2020 Semester, Joseph Demarco

Law School Personal Reflections on COVID-19

No abstract provided.

Fostering States As Laboratories, Myrisha S. Lewis

Popular Media

No abstract provided.

Yearning For An Independent Federal Judiciary, A. Benjamin Spencer

Popular Media

No abstract provided.

The Brief (Edition #1, September 2020), William & Mary Law School

The Brief

No abstract provided.

As She Lies In State, A Tribute To Justice Ginsburg, Katherine Mims Crocker

Popular Media

No abstract provided.

Mcswain-Walker Lecture: How Disability Drives Innovation: An Intersectional And Global Perspective, Haben Girma

Miscellaneous Events

No abstract provided.

Preserving An Independent Judiciary In Turbulent Times

Stanley H. Mervis Lecture

No abstract provided.

The Meaning Of Mcdonald's [(R)], Laura A. Heymann

Popular Media

No abstract provided.

2020-2021 Supreme Court Preview: Schedule Of Events, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Transparency And The Shadow Docket, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

On Saturday, September 12 at 2:00pm, the Supreme Court Preview will feature a panel on "Transparency and the Shadow Docket." “The shadow docket” is a phrase used to describe the significant volume of orders and summary decisions that the Supreme Court issues without full briefing and oral argument. This panel will discuss what is new and what is not about the shadow docket. The panelists will speculate on the ways in which the Court will use these orders going forward, and will discuss the upsides and downsides of doing so.

The Supreme Court And The 2020 Election: What Challenges Are Likely And What Will Be The Supreme Court's Role In Deciding Them?, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

On Friday, September 11 at 5:30pm, the Supreme Court Preview will feature a panel on "The Supreme Court and the 2020 Election What Challenges are likely and what will be the Supreme Court's Role in Deciding them?" As we approach a historic election in November 2020, many anticipate that election challenges will wind up in federal court. This panel will discuss trends in COVID-related election cases at the Court so far, anticipate which challenges are likely going forward, and will speculate what the Supreme Court’s role will be in deciding them. What has changed at the Court (and otherwise) since …

2020-2021 Supreme Court Preview: Notebook Cover Page, Allison Orr Larsen, Neal Devins, Rebecca Green, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

Our traditional notebook will not be available this year due to the virtual setting. However, we have compiled this virtual notebook to provide all participating in the Supreme Court Preview an opportunity to learn more about the upcoming docket and the issues facing the Court. We hope you enjoy the wealth of information available throughout this virtual notebook.

2020-2021 Supreme Court Preview: Biographies Of 2020 Supreme Court Preview Panelists, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Granted Cases, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Who Is The Real John Roberts? Predicting The Surprises Of The Fall Term, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

On Saturday, September 12 at 3:00pm, the Supreme Court Preview will feature a panel on "Who is the Real John Roberts? Predicting the Surprises of the Fall Term." Chief Justice Roberts cast several votes in high-profile cases last Term that many found to be surprising, and it led to a debate over whether the Chief Justice should be described as a moderate or not. This panel will anticipate which cases in the 2020-2021 Term will provide an opportunity for the Chief Justice to cast the deciding vote, and will address whether the Chief Justice’s voting pattern in 2020 was indicative …