Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

William & Mary Law School

Discipline
Keyword
Publication Year
Publication

Articles 1 - 30 of 3823

Full-Text Articles in Law

Appealing Magna Carta, Thomas J. Mcsweeney Dec 2023

Appealing Magna Carta, Thomas J. Mcsweeney

Faculty Publications

In 1999, Professor Richard Helmholz published Magna Carta and the Ius Commune, in which he argued that some of the ideas and language found in Magna Carta provide evidence that the early common law was engaging with the ius commune, the ancestor of modern civil law traditions. This Essay examines one piece of evidence highlighted by Helmholz and more recently by Professor Charles Donahue: that the Articles of the Barons, a preparatory document for Magna Carta, uses a phrase borrowed from canon law, appellatione remota (without possibility of appeal). Helmholz and Donahue pointed to its use as evidence that …


Laundering Police Lies, Adam Gershowitz, Caroline E. Lewis Dec 2023

Laundering Police Lies, Adam Gershowitz, Caroline E. Lewis

Faculty Publications

Police officers—like ordinary people—are regularly dishonest. Officers lie under oath (testilying), on police reports (reportilying), and in a myriad of other situations. Despite decades of evidence about police lies, the U.S. Supreme Court regularly believes police stories that are utterly implausible. Either because the Court is gullible, willfully blind, or complicit, the justices have simply rubber-stamped police lies in numerous high-profile cases. For instance, the Court has accepted police claims that a suspect had bags of cocaine displayed in his lap at the end of a police chase (Whren v. United States), that officers saw marijuana through a …


Either The Law Will Govern Ai, Or Ai Will Govern The Law, Margaret Hu Nov 2023

Either The Law Will Govern Ai, Or Ai Will Govern The Law, Margaret Hu

Popular Media

No abstract provided.


The Philosophy Of Ai: Learning From History, Shaping Our Future. Hearing Before The Committee On Homeland Security And Government Affairs, Senate, One Hundred Eighteenth Congress, First Session., Margaret Hu Nov 2023

The Philosophy Of Ai: Learning From History, Shaping Our Future. Hearing Before The Committee On Homeland Security And Government Affairs, Senate, One Hundred Eighteenth Congress, First Session., Margaret Hu

Congressional Testimony

No abstract provided.


Biden's Executive Order Puts Civil Rights Rights In The Middle Of The Ai Regulation Discussion, Margaret Hu Nov 2023

Biden's Executive Order Puts Civil Rights Rights In The Middle Of The Ai Regulation Discussion, Margaret Hu

Popular Media

No abstract provided.


The Independent Agency Myth, Neal Devins, David E. Lewis Nov 2023

The Independent Agency Myth, Neal Devins, David E. Lewis

Faculty Publications

Republicans and Democrats are fighting the wrong fight over independent agencies. Republicans are wrong to see independent agencies as anathema to hierarchical presidential control of the administrative state. Democrats are likewise wrong to reflexively defend independent agency expertise and influence. Supreme Court Justices also need to break free from this trap; the ongoing struggle over independent agencies should be about facts, not partisan rhetoric.

This Article seeks to reframe the fight over independent agencies. By surveying executive branch and independent agency department heads and supervisors during the Obama (2014) and Trump (2020) administrations, we have assembled unique and expansive data …


Second Amendment Exceptionalism: Public Expression And Public Carry, Timothy Zick Nov 2023

Second Amendment Exceptionalism: Public Expression And Public Carry, Timothy Zick

Faculty Publications

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court recognized a right to carry firearms in public places. The scope of that right will depend on where, why, and how governments regulated public carry during the eighteenth and perhaps nineteenth centuries. The Court claimed that its turn to history for determining the scope of Second Amendment rights “accords with” and “comports with” how the Court has interpreted First Amendment rights. This Article examines and rejects that claim, both in general and specifically as it applies to the public exercise of Second Amendment rights. Although Bruen …


The Superfluous Rules Of Evidence, Jeffrey Bellin Nov 2023

The Superfluous Rules Of Evidence, Jeffrey Bellin

Faculty Publications

There are few American legal codifications as successful as the Federal Rules of Evidence. But this success masks the project’s uncertain beginnings. The drafters of the Federal Rules worried that lawmakers would not adopt the new rules and that judges would not follow them. As a result, they included at least thirty rules of evidence that do not, in fact, alter the admissibility of evidence. Instead, these rules: (1) market the rules project, and (2) guide judges away from anticipated errors in applying the (other) nonsuperfluous rules.

Given the superfluous rules’ covert mission, it should not be surprising that the …


What Would Happen To All Of The Prior Chevron Cases In A Non-Chevron World?, Aaron-Andrew P. Bruhl Oct 2023

What Would Happen To All Of The Prior Chevron Cases In A Non-Chevron World?, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


2023 Supreme Court Preview Digital Notebook, Institute Of Bill Of Rights Law, William & Mary Law School Oct 2023

2023 Supreme Court Preview Digital Notebook, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Creating Land With Artificial Oyster Rings: Legal Challenges From State Owned Bottom Land To Living Shorelines, Faith Parker, Will Reach Oct 2023

Creating Land With Artificial Oyster Rings: Legal Challenges From State Owned Bottom Land To Living Shorelines, Faith Parker, Will Reach

Virginia Coastal Policy Center

The Virginia Sea Grant program approached VCPC to conduct research in partnership with the William & Mary Public Policy Program and a James Madison University (JMU) architecture professor, Jori Erdman. Professor Erdman is researching the viability of creating land with artificial oyster rings based on similar projects seen in Louisiana. Professor Erdman has provided the diagrams of the project used throughout this paper. Ultimately, this paper examines some legal issues raised by the use of these rings to prevent coastal erosion or act as a flooding buffer for commercial or residential buildings. With this goal in mind, this paper addresses …


William & Mary Law School Clinical Program Newsletter (Fall 2023), William & Mary Law School Oct 2023

William & Mary Law School Clinical Program Newsletter (Fall 2023), William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.


Aals Federal Courts Section Newsletter, Katherine Mims Crocker, Celestine Richards Mcconville Aug 2023

Aals Federal Courts Section Newsletter, Katherine Mims Crocker, Celestine Richards Mcconville

Popular Media

No abstract provided.


Here Are Ways Professional Education Leaders Can Prepare Students For The Rise Of Ai, A. Benjamin Spencer Jul 2023

Here Are Ways Professional Education Leaders Can Prepare Students For The Rise Of Ai, A. Benjamin Spencer

Popular Media

No abstract provided.


Q&A With Professor Timothy Zick, Author Of "Managed Dissent: The Law Of Public Protest", William & Mary Law School, Timothy Zick Jun 2023

Q&A With Professor Timothy Zick, Author Of "Managed Dissent: The Law Of Public Protest", William & Mary Law School, Timothy Zick

Popular Media

No abstract provided.


Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin Jun 2023

Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin

Popular Media

No abstract provided.


Family Research 101: Where To Start Looking, Frederick Dingledy Jun 2023

Family Research 101: Where To Start Looking, Frederick Dingledy

Library Staff Publications

No abstract provided.


On The Danger Of Not Understanding Technology, Fredric I. Lederer May 2023

On The Danger Of Not Understanding Technology, Fredric I. Lederer

Popular Media

No abstract provided.


Adversarial Election Administration, Rebecca Green May 2023

Adversarial Election Administration, Rebecca Green

Faculty Publications

As Americans, we are conditioned to believe that involving partisans in the administration of elections is inherently problematic. Understandably. The United States is a major outlier; virtually every other developed democracy mandates nonpartisan election administration. Whether on the left or right— especially since the 2020 election—we are barraged with headlines about actual or feared partisanship on the part of those who run our elections. What this narrative misses, however, is a crucial and underrecognized fact: by design, partisans have always played central roles at every level of U.S. election administration. What is more, partisans are baked into the U.S. election …


Criminal Justice Reform And The Centrality Of Intent, Cynthia V. Ward May 2023

Criminal Justice Reform And The Centrality Of Intent, Cynthia V. Ward

Faculty Publications

The nationwide movement for criminal justice reform has produced numerous proposals to amend procedural and sentencing practices in the American criminal justice system. These include plans to abolish mandatory minimum schemes in criminal sentencing; address discrimination in charging, convicting, and sentencing; reform drug policy; rectify discriminatory policies and practices in policing; assist incarcerated individuals in re-entering society when released from prison; and reorganize our system of juvenile justice. But less attention has been given to reforming the substantive content of the criminal law—specifically, to addressing flaws in how the law defines the elements of criminal culpability and deploys them in …


Legal Scholars Weigh In On The Lasting Significance Of Dominion V. Fox, Samantha Barbas, Martin Garbus, Lyrissa Lidsky, Timothy Zick, Sandra Baron Apr 2023

Legal Scholars Weigh In On The Lasting Significance Of Dominion V. Fox, Samantha Barbas, Martin Garbus, Lyrissa Lidsky, Timothy Zick, Sandra Baron

Popular Media

No abstract provided.


Q&A: W&M Law Professor Jeffrey Bellin On 'Mass Incarceration Nation', W&M Law School Staff, Jeffrey Bellin Apr 2023

Q&A: W&M Law Professor Jeffrey Bellin On 'Mass Incarceration Nation', W&M Law School Staff, Jeffrey Bellin

Popular Media

No abstract provided.


Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellee, Evan J. Criddle Apr 2023

Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellee, Evan J. Criddle

Briefs

No abstract provided.


What Trump's Business Fraud Charges Mean -- A Former Prosecutor Explains The 34 Felony Counts And Obstacles Ahead For Manhattan's Da, Jeffrey Bellin Apr 2023

What Trump's Business Fraud Charges Mean -- A Former Prosecutor Explains The 34 Felony Counts And Obstacles Ahead For Manhattan's Da, Jeffrey Bellin

Popular Media

No abstract provided.


William & Mary Law School Clinical Program News (2022-2023), William & Mary Law School Apr 2023

William & Mary Law School Clinical Program News (2022-2023), William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.


Reducing Septic-Reliant Households: How A Comprehensive Legal Scheme Could Improve Water Quality, Environmental, And Human Health, Karlin Foor, Anna Bailey Apr 2023

Reducing Septic-Reliant Households: How A Comprehensive Legal Scheme Could Improve Water Quality, Environmental, And Human Health, Karlin Foor, Anna Bailey

Virginia Coastal Policy Center

Considering the [...] concerns of septic reliance in Virginia, this paper will present and explicate three issues pertaining to the Maryland Sustainable Growth and Preservation Act (the “Septic Law”). Maryland's Septic Law represents an effort at a statewide legal scheme for approaching the issue of rapid development on septic. It may function as a useful starting point for Virginia to approach the danger that failing septic poses to Virginian citizens and the health of the Chesapeake Bay, a vital contributor to the state economy and cultural heritage. Part II opens with an overview of Maryland’s Septic Law. Part III evaluates …


Mitigating Trail Troubles: An Analysis Of The Virginia Recreational Land Use Statute, Rachel Rogers, Cooper Vorel Apr 2023

Mitigating Trail Troubles: An Analysis Of The Virginia Recreational Land Use Statute, Rachel Rogers, Cooper Vorel

Virginia Coastal Policy Center

While the overall focus of this discussion is on the law of Virginia, it is often useful to look elsewhere for comparative purposes. This is especially important when it involves considering the future of Virginia’s recreational land use statute. The overall objective of this discussion is to supplement Virginia’s existing recreational land use legal regime by exploring specific issues related to Virginia’s statutory scheme and identifying areas where further research may be needed.

Four issues involving recreational land use statutes are explored herein. First, the scope of recreational use statutes, namely in Virginia, is examined. This issue addresses the substance …


Heirs' Property In Virginia: Filling In The Gaps, J. Noble Pearson, Lillian Coward Apr 2023

Heirs' Property In Virginia: Filling In The Gaps, J. Noble Pearson, Lillian Coward

Virginia Coastal Policy Center

The term heirs’ property refers to land that has been passed down informally for multiple generations through intestate succession. Each generation of intestate succession can drastically increase the number of heirs who own the property as tenants-in-common to the point that many may not even know their heirship status. This clouds the title to the property and makes ownership more fractionalized. Because heirs’ property exists outside of the official estate and title systems, owners are vulnerable both at the community and individual levels for three main reasons.

First, and most importantly, heirs’ property is a leading cause of involuntary Black …


Legal Order At The Border, Evan J. Criddle Apr 2023

Legal Order At The Border, Evan J. Criddle

Faculty Publications

For generations, the United States has grappled with high levels of illegal immigration across the U.S.-Mexico border. This Article offers a novel theoretical framework to explain why legal order remains elusive at the border. Drawing inspiration from Lon Fuller’s “interactional view of law,” I argue that immigration law cannot attract compliance unless it is general, public, prospective, clear, consistent, and stable; obedience with its rules is feasible; and the law’s enforcement is congruent with the rules as enacted. The flagrant violation of any one of these principles could frustrate the development of a functional legal order. Remarkably, U.S. immigration law …


The Supreme Court Review Act: Fast-Tracking The Interbranch Dialogue And Destabilizing The Filibuster, Aaron-Andrew P. Bruhl Apr 2023

The Supreme Court Review Act: Fast-Tracking The Interbranch Dialogue And Destabilizing The Filibuster, Aaron-Andrew P. Bruhl

Faculty Publications

This Essay presents an analysis of the Supreme Court Review Act, a bill that was recently introduced in Congress. The Act would create a streamlined legislative process for bills responding to new Supreme Court decisions that interpret federal statutes or restrict constitutional rights. By facilitating legislative responses to controversial cases, the Act would promote the “dialogue” that commentators and the courts themselves have used as a model for interbranch relations. The Essay describes how the proposed Supreme Court Review Act would work, discusses some of its benefits, addresses its constitutionality, and raises some questions about its implementation and effects.