Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (538)
- Tax Law (511)
- Supreme Court of the United States (481)
- Business Organizations Law (342)
- Legal Education (220)
-
- Civil Rights and Discrimination (214)
- Social and Behavioral Sciences (211)
- First Amendment (195)
- International Law (156)
- Criminal Law (146)
- Property Law and Real Estate (145)
- Environmental Law (140)
- Taxation-Federal (138)
- Courts (137)
- Criminal Procedure (125)
- Intellectual Property Law (117)
- Family Law (81)
- Labor and Employment Law (71)
- Judges (70)
- Administrative Law (68)
- Legal History (67)
- Evidence (65)
- State and Local Government Law (65)
- Taxation-State and Local (62)
- Commercial Law (60)
- Legal Ethics and Professional Responsibility (58)
- Taxation-Federal Estate and Gift (58)
- Fourth Amendment (55)
- Civil Procedure (54)
- Keyword
-
- United States Supreme Court (289)
- Constitutional Law (120)
- United States Constitution 1st Amendment (118)
- Taxation (106)
- International Law (89)
-
- Civil Rights (83)
- Freedom of Speech (72)
- Partnerships (68)
- Book review (64)
- Income Tax (64)
- Criminal Law (58)
- Internal Revenue Code (57)
- Federalism (55)
- W&M Faculty (55)
- Criminal Procedure (54)
- United States (54)
- Virginia (52)
- Legal Education (44)
- Book Review (41)
- Searches and Seizures (41)
- Real Estate (40)
- Contracts (39)
- Estate Planning (39)
- Law Schools (39)
- Copyright (37)
- Evidence (37)
- Tax Planning (37)
- Economics (36)
- United States Constitution 4th Amendment (36)
- United States Law (36)
- Publication Year
- Publication
-
- Faculty Publications (1914)
- William & Mary Annual Tax Conference (655)
- Popular Media (477)
- Supreme Court Preview (281)
- Library Staff Publications (129)
-
- Virginia Coastal Policy Center (81)
- Virginia Bar Notes (52)
- Course Information (45)
- Colonial Lawyer (35)
- Appellate and Supreme Court Clinic (17)
- The Brief (17)
- W&M Law Student Publications (17)
- History of William & Mary Law School (15)
- James Goold Cutler Lecture (15)
- Briefs (14)
- Law School Personal Reflections on COVID-19 (14)
- Student Award Winning Papers (10)
- William & Mary Law School Clinical Program Newsletter (8)
- Congressional Testimony (7)
- Stanley H. Mervis Lecture (7)
- 1948–1962: Dudley W. Woodbridge (Acting Dean 1948-1950) (3)
- 2020–present: A. Benjamin Spencer (3)
- 1852–1855: George Parker Scarburgh (2)
- 1976–1985: William B. Spong, Jr. (2)
- Lewis B. Puller, Jr. Veterans Benefits Clinic (2)
- 1779–1789: George Wythe (1)
- 1790–1804: St. George Tucker (1)
- 1804–1813: William Nelson (1)
- 1813–1818: Robert Nelson (1)
- 1855–1858: Lucian Minor (1)
Articles 31 - 60 of 3836
Full-Text Articles in Law
Criminal Justice Reform And The Centrality Of Intent, Cynthia V. Ward
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
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
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
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
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
William & Mary Law School Clinical Program News (2022-2023), William & Mary Law School
William & Mary Law School Clinical Program Newsletter
No abstract provided.
Legal Order At The Border, Evan J. Criddle
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
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.
Menstrual Justice In Theoretical Context, Vivian E. Hamilton
Menstrual Justice In Theoretical Context, Vivian E. Hamilton
Faculty Publications
This Essay reviews and places into theoretical contexts Bridget Crawford and Emily Waldman’s invaluable book Menstruation Matters. Although the authors themselves do not explicitly label the theoretical approach that undergirds their work, much of Menstruation Matters: Challenging the Law’s Silence on Periods falls within the liberal feminist legal tradition typical of post-civil rights second-wave feminism. Their work also embodies aspects of critical feminist approaches to law. Crawford & Waldman expose the discriminatory effects of facially neutral laws, the limits of formal equality, and the pitfalls of essentializing or making universal claims about categories of individuals—including women and menstruators. In …
Mitigating Trail Troubles: An Analysis Of The Virginia Recreational Land Use Statute, Rachel Rogers, Cooper Vorel
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
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 …
Reducing Septic-Reliant Households: How A Comprehensive Legal Scheme Could Improve Water Quality, Environmental, And Human Health, Karlin Foor, Anna Bailey
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 …
Trump's Indictment Stretches Us Legal System In New Ways -- A Former Prosecutor Explains 4 Key Points To Understand, Jeffrey Bellin
Trump's Indictment Stretches Us Legal System In New Ways -- A Former Prosecutor Explains 4 Key Points To Understand, Jeffrey Bellin
Popular Media
No abstract provided.
Justices Search For A Clear Rule For Confessions In Joint Trials, Jeffrey Bellin
Justices Search For A Clear Rule For Confessions In Joint Trials, Jeffrey Bellin
Popular Media
No abstract provided.
The Evidentiary Challenges Of Confessions In Co-Defendant Trials, Jeffrey Bellin
The Evidentiary Challenges Of Confessions In Co-Defendant Trials, Jeffrey Bellin
Popular Media
No abstract provided.
Policing, Stories, Problems, And Solutions, Katherine Mims Crocker
Policing, Stories, Problems, And Solutions, Katherine Mims Crocker
Popular Media
No abstract provided.
Fraud-On-The-Market Liability In The Esg Era, Kevin S. Haeberle
Fraud-On-The-Market Liability In The Esg Era, Kevin S. Haeberle
Popular Media
No abstract provided.
Understanding Mass Incarceration In The Us Is The First Step To Reducing A Swollen Prison Population, Jeffrey Bellin
Understanding Mass Incarceration In The Us Is The First Step To Reducing A Swollen Prison Population, Jeffrey Bellin
Popular Media
No abstract provided.
Reducing Community Violence While Protecting Civil Rights, Kami Chavis
Reducing Community Violence While Protecting Civil Rights, Kami Chavis
Popular Media
No abstract provided.
Against Progress: Intellectual Property And Fundamental Values In The Internet Age
Against Progress: Intellectual Property And Fundamental Values In The Internet Age
Stanley H. Mervis Lecture
No abstract provided.
"Civil Procedure Is What It's All About": Law School Dean A. Benjamin Spencer Reflects On Career, Molly Parks, A. Benjamin Spencer
"Civil Procedure Is What It's All About": Law School Dean A. Benjamin Spencer Reflects On Career, Molly Parks, A. Benjamin Spencer
Popular Media
No abstract provided.
Plea Bargaining's Uncertainty Problem, Jeffrey Bellin
Plea Bargaining's Uncertainty Problem, Jeffrey Bellin
Faculty Publications
While commentators roundly condemn plea bargaining, the criticism can be as muddled as the practice itself. Critics’ primary target is the “trial penalty.” But a differential between guilty-plea and trial sentences seems inevitable in any system that allows defendants to concede guilt. And, as a new wave of “progressive prosecutors” is demonstrating, gaps between (unusually lenient) plea offers and long (potential) post-trial sentences are not only a strong incentive to plead guilty but also a powerful tool for reducing American penal severity. Other critiques point to flaws that parallel those found in the broader system, overlooking that plea bargaining is …
Crypto Assets And The Problem Of Tax Classifications, Eric D. Chason
Crypto Assets And The Problem Of Tax Classifications, Eric D. Chason
Faculty Publications
To date, Internal Revenue Service (I.R.S.) guidance on cryptocurrencies has been thin. When the I.R.S. has issued guidance, it occasionally mishandles the technical details (such as confusing air drops and hard forks). More personnel (and personnel with greater technical expertise) would allow the I.R.S. to keep pace with the explosive growth of cryptocurrency. Nevertheless, the I.R.S. could better leverage its existing resources by focusing on select issues and seeking enabling legislation from Congress. Specifically, the I.R.S. should focus on crypto issues occurring on a system-wide basis and not requiring taxpayer-specific considerations.
For example, determining whether Bitcoin is a “security” under …
Trolley Problems, Private Necessity, And The Duty To Rescue, Laura A. Heymann
Trolley Problems, Private Necessity, And The Duty To Rescue, Laura A. Heymann
Faculty Publications
Laidlaw v. Sage is generally, at best, an oddity in Torts casebooks today. A case that captured the imagination of New York newspaper readers at the time, Laidlaw involved an explosion that, William Laidlaw argued, the wealthy Russell Sage survived only because, at the last moment, he pulled Laidlaw in front of him to absorb the brunt of the blast. As taught in Torts classrooms, Laidlaw is either a case about the intent requirement for battery or a case about causation. But the case, assuming the plaintiff’s story was true, also provides an interesting window into what would seem to …
"You Always Have To Be Careful About Censorship", Gabrielle Nadler, Margaret Hu
"You Always Have To Be Careful About Censorship", Gabrielle Nadler, Margaret Hu
Popular Media
No abstract provided.
The Conundrum Of Managed Retreat, Elizabeth Andrews
The Conundrum Of Managed Retreat, Elizabeth Andrews
Popular Media
No abstract provided.
Angels And Devils: The Early Crypto Entrepreneurs, Darian M. Ibrahim
Angels And Devils: The Early Crypto Entrepreneurs, Darian M. Ibrahim
Popular Media
No abstract provided.
Turning Sanctions Into Reparations: Lessons For Russia/Ukraine, Evan J. Criddle
Turning Sanctions Into Reparations: Lessons For Russia/Ukraine, Evan J. Criddle
Faculty Publications
Within the past year, members of Congress have introduced nearly a dozen bills to make Russia pay for its military aggression against Ukraine. This Essay argues that none of the bills are satisfactory because they would either violate international law or fail to deliver meaningful compensation to Ukraine. Instead, the Essay urges policymakers to use economic sanctions as leverage to compel Russia to make reparations through an international claims-settlement process.
Advances In Patent Rights Acquisition In International Patent Law, Sarah R. Wasserman Rajec
Advances In Patent Rights Acquisition In International Patent Law, Sarah R. Wasserman Rajec
Faculty Publications
At this centennial event, we have been asked to reflect on the most consequential developments in international intellectual property law of the last 100 years, with an eye towards important future developments as well. This is no small task, given the proliferation of intellectual property-related treaties and the profound changes in business structures, manufacturing, and trade that the last century has seen. The rise of the multinational corporation has been fueled in part by changes to trade laws, and the inclusion of intellectual property in trade-related treaties has facilitated cross-border research and development, manufacturing, and distribution of goods subject to …
Technology Integration In Higher Education And Student Privacy Beyond Learning Environments -- A Comparison Of The Uk And Us Perspective, Iria Giuffrida, Alex Hall
Technology Integration In Higher Education And Student Privacy Beyond Learning Environments -- A Comparison Of The Uk And Us Perspective, Iria Giuffrida, Alex Hall
Faculty Publications
Technology integration in higher education (HE) has brought immense innovation. While research is investigating the benefits of leveraging, through learning analytics, the data created by the greater presence of technology in HE, it is also analysing the privacy implications of vast universes of data now at the fingertips of HE administrators. This paper argues that student privacy challenges linked to technology integration occur not only within but also beyond learning environments, namely at the enterprise level. By analysing the UK and US legal frameworks surrounding how HE institutions respond to parents demanding disclosure of their adult children's personal data in …