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Articles 1 - 21 of 21
Full-Text Articles in Law
Paternalism, Tolerance, And Acceptance: Modeling The Evolution Of Equal Protection In The Constitutional Canon, John Tehranian
Paternalism, Tolerance, And Acceptance: Modeling The Evolution Of Equal Protection In The Constitutional Canon, John Tehranian
William & Mary Law Review
This Article proposes a legal taxonomy through which we can model changes in interpretations and applications of antidiscrimination principles to best understand the evolution of equal protection doctrine. The goal for doing so is two-fold. First, through a careful exegesis of a wide range of equal protection cases from the past hundred and fifty years, the analysis provides a positive theory to chart how respect for minority rights can progress within a given doctrinal space. Second, the analysis provides an unabashedly normative assessment of how closely a given legal regime comes to accepting and celebrating the inherent dignitary interests of …
The Morality Of Fiduciary Law, Paul B. Miller
The Morality Of Fiduciary Law, Paul B. Miller
William & Mary Law Review
Recent work of fiduciary theory has provided conceptual synthesis requisite to understanding core fiduciary principles and the structure of fiduciary liability. However, normative questions have received only sporadic attention. What values animate fiduciary law? How does, or should, fiduciary law prove responsive to them?
While in other areas of private law theory—notably, tort theory— pioneering scholars went directly at normative questions like these, fiduciary theory has been exceptional in the reticence shown toward them. The reticence is sensible. Fiduciary principles are the product of equity’s most extended and convoluted program of supplementing surrounding law. They span several distinct forms of …
Janus-Faced Judging: How The Supreme Court Is Radically Weakening Stare Decisis, Michael Gentithes
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 …
Challenging Congress's Single-Member District Mandate For U.S. House Elections On Political Association Grounds, Austin Plier
Challenging Congress's Single-Member District Mandate For U.S. House Elections On Political Association Grounds, Austin Plier
William & Mary Law Review
No abstract provided.
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
William & Mary Law Review
Injustice in criminal cases often takes root before trial begins. Overworked criminal judges must resolve difficult pretrial evidentiary issues that determine the charges the State will take to trial and the range of sentences the defendant will face. Wrong decisions on these issues often lead to wrongful convictions. As behavioral law and economic theory suggests, judges who are cognitively busy and receive little feedback on these topics from appellate courts rely upon intuition, rather than deliberative reasoning, to resolve these questions. This leads to inconsistent rulings, which prosecutors exploit to expand the scope of evidentiary exceptions that almost always disfavor …
The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha
The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha
William & Mary Law Review
No abstract provided.
Legal Realism As Theory Of Law, Michael S. Green
Legal Realism As Theory Of Law, Michael S. Green
William & Mary Law Review
No abstract provided.
Ties In The Supreme Court Of The United States, Edward A. Hartnett
Ties In The Supreme Court Of The United States, Edward A. Hartnett
William & Mary Law Review
No abstract provided.
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
William & Mary Law Review
No abstract provided.
Taking Behavioralism Too Seriously? The Unwarranted Pessimism Of The New Behavioral Analysis Of Law, Gregory Mitchell
Taking Behavioralism Too Seriously? The Unwarranted Pessimism Of The New Behavioral Analysis Of Law, Gregory Mitchell
William & Mary Law Review
Legal scholars increasingly rely on a behavioral analysis of judgment and decision making to explain legal phenomena and argue for legal reforms. The. main argument of this new behavioral analysis of the law is twofold: (1)All human cognition is beset by systematic flaws in the way that judgments and decisions are made, and theseflaws lead to predictable irrational behaviors and (2) these widespread and systematic nonrational tendencies bring into serious question the assumption of procedural rationality underlying much legal doctrine. This Article examines the psychological research relied on by legal behavioralistst o form this argumenta nd demonstratest hat this research …
Normativity And Objectivity In Law, Dennis Patterson
Normativity And Objectivity In Law, Dennis Patterson
William & Mary Law Review
No abstract provided.
Forensic Constitutional Interpretation, Brian F. Havel
Forensic Constitutional Interpretation, Brian F. Havel
William & Mary Law Review
No abstract provided.
Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder
Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder
William & Mary Law Review
No abstract provided.
The Morality Of Strict Tort Liability, Jules L. Coleman
The Morality Of Strict Tort Liability, Jules L. Coleman
William & Mary Law Review
No abstract provided.
Further Steps Toward A General Theory Of Freedom Of Expression, Alan E. Fuchs
Further Steps Toward A General Theory Of Freedom Of Expression, Alan E. Fuchs
William & Mary Law Review
No abstract provided.
Agreement, Mistake, And Objectivity In The Bargain Theory Of Conflict, Richard Bronaugh
Agreement, Mistake, And Objectivity In The Bargain Theory Of Conflict, Richard Bronaugh
William & Mary Law Review
No abstract provided.
Justice And Legal Reasoning, William T. Blackstone
Justice And Legal Reasoning, William T. Blackstone
William & Mary Law Review
No abstract provided.
Justice In Compensation, James W. Nickel
Justice In Compensation, James W. Nickel
William & Mary Law Review
No abstract provided.
The Normative Theory Of Law, George E. Glos
The Normative Theory Of Law, George E. Glos
William & Mary Law Review
No abstract provided.
Book Review Of Law And Psychiatry, James P. Whyte Jr.
Book Review Of Law And Psychiatry, James P. Whyte Jr.
William & Mary Law Review
No abstract provided.
Legal Philosophy - Recent Contributions, Neil W. Schilke
Legal Philosophy - Recent Contributions, Neil W. Schilke
William & Mary Law Review
No abstract provided.