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Full-Text Articles in Law

2021 Labor Day Facts - Travel, Money & More: Ask The Experts, John S. Kiernan, Erin J. Hendrickson Aug 2021

2021 Labor Day Facts - Travel, Money & More: Ask The Experts, John S. Kiernan, Erin J. Hendrickson

Popular Media

No abstract provided.


The Brief (Edition #10, August 2021), William & Mary Law School Aug 2021

The Brief (Edition #10, August 2021), William & Mary Law School

The Brief

No abstract provided.


Calls To Eliminate Bar Exams Are Premature, A. Benjamin Spencer Aug 2021

Calls To Eliminate Bar Exams Are Premature, A. Benjamin Spencer

Popular Media

Calls for eliminating bar exams to improve fairness and diversity in the legal profession are increasing, but A. Benjamin Spencer, dean of William & Mary Law School, argues that eliminating them is not the answer. They should be transformed into a more effective gauge of professional readiness, which, he contends, can be achieved if more states adopt the Uniform Bar Exam.


Law Schools, Law Firms Must Share Responsibility For Diversity, A. Benjamin Spencer Jul 2021

Law Schools, Law Firms Must Share Responsibility For Diversity, A. Benjamin Spencer

Popular Media

Law schools and law firms must partner to ensure that a pipeline of underrepresented students apply to law school and receive the professional development support they need to remain and advance at firms, William & Mary Law School Dean A. Benjamin Spencer says. Those who make, interpret, and apply the law must reflect the full range of human experiences, thought, and insight into the human condition, he says.


A Q&A With Homeschooling Reform Advocates Elizabeth Bartholet And James Dwyer, Elizabeth Bartholet, James Dwyer Jun 2021

A Q&A With Homeschooling Reform Advocates Elizabeth Bartholet And James Dwyer, Elizabeth Bartholet, James Dwyer

Popular Media

Elizabeth Bartholet, Morris Wasserstein Public Interest Professor and Faculty Director of the Child Advocacy Program (CAP), and James Dwyer, the Arthur B. Hanson Professor of Law at William & Mary Law School, were interviewed by Harvard Law Today about their virtual conference titled, Homeschool Summit: Problems, Politics, and Prospects for Reform. The June event was attended by leaders in education and child welfare policy, legislators and legislative staff, academics and policy advocates, medical professionals, homeschooling alumni, and others, to discuss children’s rights in connection with homeschooling in the United States.


Will The Supreme Court Recover Its Own Fumble? How Alston Can Repair The Damage Resulting From Ncaa's Sports League Exemption, Alan J. Meese Jun 2021

Will The Supreme Court Recover Its Own Fumble? How Alston Can Repair The Damage Resulting From Ncaa's Sports League Exemption, Alan J. Meese

Faculty Publications

Horizontal restraints are unlawful per se unless a court can
identify some redeeming virtue that such restraints may create. In
National Collegiate Athletic Association v. Board of Regents of the
University of Oklahoma (“NCAA”), the Supreme Court rejected this
standard, refusing to condemn horizontal restraints on price and
output imposed by the NCAA without specifying any possible
redeeming virtues. The Court emphasized that other restraints not
before the Court were necessary to create and maintain athletic
competition like that supervised by the NCAA. This exemption for
sports leagues ensures that all restraints imposed by such entities
merit Rule of Reason ...


Analysis Of Administrative Agency Adjudicatory Hearing Use Of Remote Appearances And Virtual Hearings, Fredric I. Lederer, Center For Legal & Court Technology Jun 2021

Analysis Of Administrative Agency Adjudicatory Hearing Use Of Remote Appearances And Virtual Hearings, Fredric I. Lederer, Center For Legal & Court Technology

Faculty Publications

With the advent of the COVID-19 pandemic, federal and state courts and federal adjudicatory agencies suspended most trials and hearings. Faced with the requirement to fulfill their basic mission, many resumed partial operations using computer-based video conferencing,especially for preliminary legal and procedural matters. As time passed, the use of that videoconferencing extended to bench trials in courts and to adjudicatory hearings and proceedings such as settlement meetings, mediations, arbitrations, and status conferences in federal agencies. As of this writing, there have also been a small number of remote or virtual jury trials in state and federal courts.

The Administrative ...


The Impact Of Climate Change On Virginia's Coastal Areas, Jonathan L. Goodall, Antonio Elias, Elizabeth Andrews, Christopher "Kit" Chope, John Cosgrove, Jason El Koubi, Jennifer Irish, Lewis L. Lawrence Iii, Robert W. Lazaro Jr., William H. Leighty, Mark W. Luckenbach, Elise Miller-Hooks, Ann C. Phillips, Henry Pollard V, Emily Steinhilber, Charles Feigenoff, Jennifer Sayegh Jun 2021

The Impact Of Climate Change On Virginia's Coastal Areas, Jonathan L. Goodall, Antonio Elias, Elizabeth Andrews, Christopher "Kit" Chope, John Cosgrove, Jason El Koubi, Jennifer Irish, Lewis L. Lawrence Iii, Robert W. Lazaro Jr., William H. Leighty, Mark W. Luckenbach, Elise Miller-Hooks, Ann C. Phillips, Henry Pollard V, Emily Steinhilber, Charles Feigenoff, Jennifer Sayegh

Faculty Publications

As part of HJ47/SJ47 (2020), the Virginia General Assembly directed the Joint Commission on Technology and Science (JCOTS) to study the “safety, quality of life, and economic consequences of weather and climate-related events on coastal areas in Virginia.” In pursuit of this goal, the commission was to “accept any scientific and technical assistance provided by the nonpartisan, volunteer Virginia Academy of Science, Engineering, and Medicine (VASEM). VASEM convened an expert study board with representation from the Office of the Governor, planning district commissions in coastal Virginia, The Port of Virginia, the Virginia Economic Development Partnership, state universities, private industry ...


The Brief (Edition #9, May 2021), William & Mary Law School May 2021

The Brief (Edition #9, May 2021), William & Mary Law School

The Brief

No abstract provided.


In Deciding Fulton V. Philadelphia, The Supreme Court Should Remember That Foster Care Is For The Children, James Dwyer May 2021

In Deciding Fulton V. Philadelphia, The Supreme Court Should Remember That Foster Care Is For The Children, James Dwyer

Popular Media

No abstract provided.


A Scapegoat Theory Of Bivens, Katherine Mims Crocker May 2021

A Scapegoat Theory Of Bivens, Katherine Mims Crocker

Faculty Publications

Some scapegoats are innocent. Some warrant blame, but not the amount they are made to bear. Either way, scapegoating can allow in-groups to sidestep social problems by casting blame onto out-groups instead of confronting such problems--and the in-groups' complicity in perpetuating them--directly.

This Essay suggests that it may be productive to view the Bivens regime's rise as countering various exercises in scapegoating and its retrenchment as constituting an exercise in scapegoating. The earlier cases can be seen as responding to social structures that have scapegoated racial, economic, and other groups through overaggressive policing, mass incarceration, and inequitable government conduct ...


The Brief (Edition #8, April 2021), William & Mary Law School Apr 2021

The Brief (Edition #8, April 2021), William & Mary Law School

The Brief

No abstract provided.


Externships' Role In Training Practice-Ready Lawyers, Robert E. Kaplan Apr 2021

Externships' Role In Training Practice-Ready Lawyers, Robert E. Kaplan

Popular Media

No abstract provided.


U.S. News Ranking Metrics Stifle Law Libraries, Tie Hands Of Law Schools, Amanda Runyon, Leslie A. Street, Amanda Watson Mar 2021

U.S. News Ranking Metrics Stifle Law Libraries, Tie Hands Of Law Schools, Amanda Runyon, Leslie A. Street, Amanda Watson

Library Staff Publications

No abstract provided.


Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin Mar 2021

Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin

Popular Media

No abstract provided.


The Brief (Edition #7, March 2021), William & Mary Law School Mar 2021

The Brief (Edition #7, March 2021), William & Mary Law School

The Brief

No abstract provided.


The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz Mar 2021

The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz

Faculty Publications

This Essay offers an unconventional approach to deterring prosecutorial misconduct. Trial judges should use their inherent authority to forbid prosecutors from appearing and handling cases in their courtrooms until the prosecutors have completed training on Brady v. Maryland, Batson v. Kentucky, and other types of prosecutorial misconduct. If a single trial judge in a medium-sized or large jurisdiction imposes training prerequisites on prosecutors, it could set off a race to the top that encourages other judges to adopt similar (or perhaps even more rigorous) training requirements. A mandate that prosecutors receive ethics training before handling any cases is comparable to ...


The Costs Of Dissent: Protest And Civil Liabilities, Timothy Zick Mar 2021

The Costs Of Dissent: Protest And Civil Liabilities, Timothy Zick

Faculty Publications

This Article examines the civil costs and liabilities that apply to individuals who organize, participate in, and support protest activities. Costs ranging from permit fees to punitive damages significantly affect First Amendment speech, assembly, and petition rights. A variety of common law and statutory civil claims also apply to protest activities. Plaintiffs have recently filed a number of new civil actions negatively affecting protest, including "negligent protest," "aiding and abetting defamation," "riot boosting," "conspiracy to protest," and "tortious petitioning." The labels are suggestive of the threats these suits pose to First Amendment rights. All of these costs and liabilities add ...


The Opioid Doctors: Is Losing Your License A Sufficient Penalty For Dealing Drugs?, Adam M. Gershowitz Mar 2021

The Opioid Doctors: Is Losing Your License A Sufficient Penalty For Dealing Drugs?, Adam M. Gershowitz

Faculty Publications

Imagine that a medical board revokes a doctor's license both because he has been peddling thousands of pills of opioids and also because he was caught with a few grams of cocaine. The doctor is a family physician, not a pain management specialist. Yet, during a one-year period he wrote more than 4,000 prescriptions for opioids--roughly eighteen scripts per day. Patients came from multiple states and from hundreds of miles away to get oxycodone prescriptions. And the doctor prescribed large quantities of opioids--up to 240 pills per month--to patients with no record of previously needing narcotic painkillers. Both ...


The Brief (Edition #6, February 2021), William & Mary Law School Feb 2021

The Brief (Edition #6, February 2021), William & Mary Law School

The Brief

No abstract provided.


Selling The Stock Market Short, Kevin Haeberle Feb 2021

Selling The Stock Market Short, Kevin Haeberle

Popular Media

No abstract provided.


The Brief (Edition #5, February 2021), William & Mary Law School Feb 2021

The Brief (Edition #5, February 2021), William & Mary Law School

The Brief

No abstract provided.


Protesting In America, Timothy Zick Jan 2021

Protesting In America, Timothy Zick

Popular Media

No abstract provided.


Dean A. Benjamin Spencer: A Message To The William & Mary Law School Community About Events On January 6 In Washington, D.C., A. Benjamin Spencer Jan 2021

Dean A. Benjamin Spencer: A Message To The William & Mary Law School Community About Events On January 6 In Washington, D.C., A. Benjamin Spencer

2020–present: A. Benjamin Spencer

No abstract provided.


The Brief (Edition #4, January 2021), William & Mary Law School Jan 2021

The Brief (Edition #4, January 2021), William & Mary Law School

The Brief

No abstract provided.


The Evidence Rules That Convict The Innocent, Jeffrey Bellin Jan 2021

The Evidence Rules That Convict The Innocent, Jeffrey Bellin

Faculty Publications

Over the past decades, DNA testing has uncovered hundreds of examples of the most important type of trial errors: innocent defendants convicted of serious crimes like rape and murder. The resulting Innocence Movement spurred reforms to police practices, forensic science, and criminal procedure. This Article explores the lessons of the Innocence Movement for American evidence law.

Commentators often overlook the connection between the growing body of research on convictions of the innocent and the evidence rules. Of the commonly identified causes of false convictions, only flawed forensic testimony has received sustained attention as a matter of evidence law. But other ...


The Evolving Technology-Augmented Courtroom Before, During, And After The Pandemic, Fredric I. Lederer Jan 2021

The Evolving Technology-Augmented Courtroom Before, During, And After The Pandemic, Fredric I. Lederer

Faculty Publications

Even before the COVID-19 Pandemic, technology was changing the nature of America’s courtrooms. Access to case management and e-filing data and documents coupled with electronic display of information and evidence at trial, remote appearances, electronic court records, and assistive technology for those with disabilities defined the technology-augmented trial courtroom. With the advent of the Pandemic and the need for social distancing, numerous courts moved to remote appearances, virtual hearings, and even virtual trials. This Article reviews the nature of technology-augmented courtrooms and discusses virtual hearings and trials at length, reviewing legality, technology, human factors, and public acceptance, and concludes ...


Is Germline Gene Editing Exceptional?, Myrisha S. Lewis Jan 2021

Is Germline Gene Editing Exceptional?, Myrisha S. Lewis

Faculty Publications

Advances in gene editing have recently received significant scientific and media attention. Gene editing, especially CRISPR-Cas9, has revived multiple longstanding ethical debates, including debates related to parental autonomy, health disparities, disability perspectives, and racial and economic inequalities. Germline, or heritable, gene editing generates several newer, neglected bioethical debates, including those about the shared human germline and whether there is a "line" that humans should not cross.

This Article addresses several interrelated ethical and legal questions related to germline gene editing. Those questions address why, if at all, germline gene editing needs to be regulated and, if germline gene editing needs ...


Corporate Commitment To International Law, Jay Butler Jan 2021

Corporate Commitment To International Law, Jay Butler

Faculty Publications

Corporations are increasingly important actors in international law. But vital questions underlying this development have long gone unanswered: How and why do corporations commit to international law?

This article constructs a general account of business interaction with international legal obligation and suggests that a gateway to demystifying this persistent puzzle lies in corporate opinio juris.

Corporate opinio juris describes a company's subscription to a rule of international law, even though the company is not technically bound by that rule. This subscription functions as a kind of pledge that, once made, has sway over the company and its peers and ...


Together And Apart In An Online Classroom, Laura A. Heymann Dec 2020

Together And Apart In An Online Classroom, Laura A. Heymann

Popular Media

No abstract provided.