Law Commons^™

The Constitutional Case For "Red Flag" Laws, Timothy Zick

Popular Media

No abstract provided.

What We've Got Here Is A Failure To Indicate, Laura A. Heymann

Popular Media

No abstract provided.

Pay Now, Play Later?: Youth And Adolescent Collision Sports, Vivian E. Hamilton

Faculty Publications

The routine and repeated head impacts experienced by athletes in a range of sports can inflict microscopic brain injuries that accumulate over time, even in the absence of concussion. Indeed, cumulative exposure to head impacts—not number of concussions—is the strongest predictor of sports-related degenerative brain disease in later life. The observable symptoms of disease appear years or decades after initial injury and resemble those of other mental-health conditions such as depression and dementia. The years-long interval between earlier, seemingly minor, head impacts and later brain disease has long obscured the connection between the two.

Risk of injury differs across demographics, …

Virtual Briefing At The Supreme Court, Jeffrey L. Fisher, Allison Orr Larsen

Faculty Publications

The open secret of Supreme Court advocacy in a digital era is that there is a new way to argue to the Justices. Today's Supreme Court arguments are developed online: they are dissected and explored in blog posts, fleshed out in popular podcasts, and analyzed and re-analyzed by experts who do not represent the parties or have even filed a brief in the case at all. This "virtual briefing" (as we call it) is intended to influence the Justices and their law clerks but exists completely outside of traditional briefing rules. This article describes virtual briefing and makes a case …

2019 Tax Conference Speakers

William & Mary Annual Tax Conference

No abstract provided.

2019 Schedule

William & Mary Annual Tax Conference

No abstract provided.

2019 Tax Conference Forms

William & Mary Annual Tax Conference

No abstract provided.

Information Asymmetry And The Protection Of Ordinary Investors, Kevin S. Haeberle

Faculty Publications

To some, the reductions in information asymmetry provided by the main securities-specific disclosure, fraud, and insider-trading laws help ordinary investors in meaningful ways. To others, whatever their larger social value, such reductions do little, if anything for these investors. For decades, these two sides of this investor-protection divide have mostly talked past each other.

This Article builds on economic theory to reveal something striking: The reductions in information asymmetry provided by the core securities laws likely impose a long-overlooked cost on buy-and-hold ordinary investors. More specifically, I explain why there is much reason to believe that the reductions take away …

Fourth Amendment Textualism, Jeffrey Bellin

Faculty Publications

The Fourth Amendment’s prohibition of “unreasonable searches” is one of the most storied constitutional commands Yet after decades of Supreme Court jurisprudence, a coherent definition of the term “search” remains surprisingly elusive Even the justices know they have a problem Recent opinions only halfheartedly apply the controlling “reasonable expectation of privacy” test and its wildly unpopular cousin, “third-party doctrine,” with a few justices in open revolt.

These fissures hint at the Court’s openness to a new approach Unfortunately, no viable alternatives appear on the horizon The justices themselves offer little in the way of a replacement And scholars’ proposals exhibit …

Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida

Faculty Publications

No abstract provided.

Court Record In The Age Of Artificial Intelligence, Fredric I. Lederer

Popular Media

No abstract provided.

Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Leslie A. Street, David R. Hansen, Kyle K. Courtney

Briefs

No abstract provided.

Researching And Keeping Up To Date With Real Estate Law In Virginia, Frederick W. Dingledy

Library Staff Publications

No abstract provided.

Back To The Future: Aba Law School Accreditation In The 21st Century And America's First Law School's Battle To Survive In The 1970s, James S. Heller, Simon F. Zagata

Library Staff Publications

In the mid-1970s, the ABA threatened to pull accreditation from the College of William & Mary’s law school. The ABA’s motives were questioned as it had never taken this step before. Would a more aggressive 21st century ABA have stripped accreditation from well-established schools like William & Mary? The reader can be the judge.

Murr V. Wisconsin And The Inherent Limits Of Regulatory Takings, Lynda L. Butler

Faculty Publications

This article examines the confusion surrounding constitutional protection of property under the substantive due process and takings clauses, using Murr as a springboard for reconsidering the substantive due process/takings distinction and asking whether the regulatory takings doctrine should remain a viable constitutional concept despite its muddled principles. While powerful reasons support treating as compensable economic regulations that are functionally equivalent to physical takings, important differences between physical and regulatory takings need to be recognized as limits to the degree of equivalence possible and therefore to the regulatory takings doctrine. A look back at the evolutionary paths of substantive due process, …

William & Mary Law School Clinic News (Fall), William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.

A Tax On The Clones: The Strange Case Of Bitcoin Cash, Eric D. Chason

Faculty Publications

No abstract provided.

Public Or Private Venture Capital?, Darian M. Ibrahim

Faculty Publications

The United States has an unparalled entrepreneurial ecosystem. Silicon Valley startups commercialize cutting-edge science, create plentiful jobs, and spur economic growth. Without angel investors and venture capital funds (VCs) willing to gamble on these high-risk, high-tech companies, none of this would be possible.

From a law-and-economics perspective, startup investing is incredibly risky. Information asymmetry and agency costs abound. In the United States, angels and VCs successfully mitigate these problems through private ordering and informal means. Countries without the robust private venture capital system that exists in the United States have attempted to fund startups publicly by creating junior stock exchanges …

Out Of The Quandary: Personal Jurisdiction Over Absent Class Member Claims Explained, A. Benjamin Spencer

Faculty Publications

Since the Supreme Court's decision in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, litigants and lower courts have wrestled with the issue of whether a federal court must be able to exercise personal jurisdiction with respect to each of the claims asserted by absent class members in a class action and, if so, what standard governs that jurisdictional determination. This issue is rapidly coming to a head and is poised for inevitable resolution by the Supreme Court in the near future; multiple circuit courts have heard appeals from district courts that have reached varying conclusions on …

Eelgrass In Virginia: Assessing Opportunities And Obstacles For Blue Carbon Credits, Michael Jordan, Imani Price

Virginia Coastal Policy Center

This Paper seeks to explore a few of the questions that eelgrass restoration project proponents will need to consider prior to participating in a voluntary carbon credit market, like the VCS [Verified Carbon Standard]. Part I of this Paper explores whether the Commonwealth of Virginia could participate as a project proponent in a voluntary carbon credit market, and then analyzes both constitutional limitations and statutory limitations on the current state agency charged with overseeing the state-owned bottomlands—the Virginia Marine Resources Commission (VMRC). It also explores a few possible solutions to constitutional and statutory issues. Assuming that the eelgrass restoration activities …

Managed Retreat And The Life Estate: A Practical Path Forward For Coastal Communities, Sam Gross

Virginia Coastal Policy Center

This paper focuses on a frequently discussed but rarely implemented solution to sea level rise: “managed retreat” away from at-risk and overdeveloped coastal areas. The paper begins by examining the threat posed by sea level rise through the lens of two contrasting municipalities: Miami, Florida and Nags Head, North Carolina. It then outlines the concept of managed retreat as well as the controversies surrounding this approach. Specifically, it examines the widespread voter hostility to condemnation efforts, the deterrent effect of inevitable legal challenges, and the financial burden of such efforts on cash-strapped municipalities.

After analyzing these hurdles, the paper assesses …

Federal Funding Programs: Benefit-Cost Analyses And Low To Moderate Income Communities, Kelsey Mcneill, Alyssa Glass

Virginia Coastal Policy Center

“Global average sea level has risen by about 7-8 inches (about 16-21cm) since 1990, with about 3 of those inches (about 7 cm) occurring since 1993.” Since both the ocean and the atmosphere are getting warmer, global sea levels are projected to rise at an increased rate over the coming centuries. Unsurprisingly, rise in sea level disproportionately negatively impacts coastal communities. For instance, a combination of high magnitude storms and sea level rise causes dangerous flooding to occur farther inland than in the past. Higher sea levels will also cause communities to flood more frequently around high tide even in …

2019-2020 Supreme Court Preview: Contents, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 2: What To Expect From The Roberts Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

2019-2020 Supreme Court Preview: Schedule And Panel Members, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 1: Moot Court: Bostock V. Clayton County, Georgia; Altitude Express, Inc. V. Zarda, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 3: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 5: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 4: Immigration Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.