Law Commons^™

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

Popular Media

No abstract provided.

Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk

Briefs

No abstract provided.

Eager To Follow: Methodological Precedent In Statutory Interpretation, Aaron-Andrew P. Bruhl

Faculty Publications

An important recent development in the field of statutory interpretation is the emergence of a movement calling for "methodological precedent"--a regime under which courts give precedential effect to interpretive methodology. In such a system, a case would establish not only what a particular statute means but could also establish binding rules of methodology--which tools are valid, in what order, and so on. The movement for methodological precedent has attracted sharp criticism on normative grounds. But both sides of the normative debate agree on the premise that the federal courts generally do not give precedential effect to interpretive methodology today.

This …

Punishing Pill Mill Doctors: Sentencing Disparities In The Opioid Epidemic, Adam M. Gershowitz

Faculty Publications

Consider two pill mill doctors who flooded the streets with oxycodone and other dangerous opioids. The evidence against both doctors was overwhelming. They each sold millions of opioid pills. Both doctors charged addicted patients hundreds of dollars in cash for office visits that involved no physical examinations and no diagnostic tests. Instead, the doctors simply handed the patients opioids in exchange for cash. To maximize their income, both doctors conspired with street dealers to import fake patients — many of them homeless — so that the doctors could write even more prescriptions. Both doctors made millions of dollars profiting off …

We Must Restore Americans' Faith In Our Federal Bench, A. Benjamin Spencer

Popular Media

No abstract provided.

The Brief (Edition #3, November 2020), William & Mary Law School

The Brief

No abstract provided.

The Importance Of Transparent Elections, Rebecca Green

Popular Media

No abstract provided.

Recounts And Ballot Challenges In The 2020 Presidential Election: Legal Expert Provides Insights, Bruce Brumberg, Rebecca Green

Popular Media

No abstract provided.

The Remand Power And The Supreme Court's Role, Aaron-Andrew P. Bruhl

Faculty Publications

"Reversed and remanded." Or "vacated and remanded." These familiar words, often found at the end of an appellate decision, emphasize that an appellate court's conclusion that the lower court erred generally does not end the litigation. The power to remand for further proceedings rather than wrap up a case is useful for appellate courts because they may lack the institutional competence to bring the case to a final resolution (as when new factual findings are necessary) or lack an interest in the fact-specific work of applying a newly announced legal standard to the particular circumstances at hand. The modern Supreme …

Framing The Second Amendment: Gun Rights, Civil Rights And Civil Liberties, Timothy Zick

Faculty Publications

Gun rights proponents and gun control advocates have devoted significant energy to framing the constitutional right to keep and bear arms. In constitutional discourse, advocates and commentators have referred to the Second Amendment as a "collective, ""civic republican," "individual," and 'fundamental" right. Gun rights advocates have defended the right to keep and bear arms on "law and order" grounds, while gun control proponents have urged regulation based on "public health, " "human rights, " and other concerns. These frames and concepts have significantly influenced how the right to keep and bear arms has been debated, interpreted, and enforced. This Article …

The Case Against Prosecuting Refugees, Evan J. Criddle

Faculty Publications

Within the past several years, the U.S. Department of Justice has pledged to prosecute asylum-seekers who enter the United States outside an official port of entry without inspection. This practice has contributed to mass incarceration and family separation at the U.S.–Mexico border, and it has prevented bona fide refugees from accessing relief in immigration court. Yet, federal judges have taken refugee prosecution in stride, assuming that refugees, like other foreign migrants, are subject to the full force of American criminal justice if they skirt domestic border controls. This assumption is gravely mistaken.

This Article shows that Congress has not authorized …

The Brief (Edition #2, October 2020), William & Mary Law School

The Brief

No abstract provided.

Those Who Can Vote Are Duty-Bound To Do So, A. Benjamin Spencer

Popular Media

No abstract provided.

Meet William & Mary's New Deans, Claire De Lisle

2020–present: A. Benjamin Spencer

No abstract provided.

Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin

Popular Media

No abstract provided.

Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin

Popular Media

The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Court is scheduled to hear oral argument in Torres v. Madrid, a case that will provide important guidance on what constitutes a Fourth Amendment seizure. Here’s a rundown of the case starting with the relevant facts and procedural history, followed by a discussion of the legal issues and finally a couple of things to watch for at the argument.

Joseph Demarco '22: Reflections On The Fall 2020 Semester, Joseph Demarco

Law School Personal Reflections on COVID-19

No abstract provided.

Dana Drozina Ll.M. '21: Reflections On The Fall 2020 Semester, Dana Drozina

Law School Personal Reflections on COVID-19

No abstract provided.

Sylvanna Gross ’23: Reflections On The Fall 2020 Semester, Sylvanna Gross

Law School Personal Reflections on COVID-19

No abstract provided.

Professor Katherine Mims Crocker: Reflections On The Fall 2020 Semester, Katherine Mims Crocker

Law School Personal Reflections on COVID-19

No abstract provided.

Professor Stacy Kern-Scheerer: Reflections On The Fall 2020 Semester, Stacy Kern-Scheerer

Law School Personal Reflections on COVID-19

No abstract provided.

Max Chu '22: Reflections On The Fall 2020 Semester, Max Chu

Law School Personal Reflections on COVID-19

No abstract provided.

Mechelle King ’21: Reflections On The Fall 2020 Semester, Mechelle King

Law School Personal Reflections on COVID-19

No abstract provided.

Professor Aaron-Andrew Bruhl: Reflections On The Fall 2020 Semester, Aaron-Andrew P. Bruhl

Law School Personal Reflections on COVID-19

No abstract provided.

Professor Jeffrey Bellin: Reflections On The Fall 2020 Semester, Jeffrey Bellin

Law School Personal Reflections on COVID-19

No abstract provided.

Julian Miller '23: Reflections On The Fall 2020 Semester, Julian Miller

Law School Personal Reflections on COVID-19

No abstract provided.

Cleidiane Perez Ll.M. '21: Reflections On The Fall 2020 Semester, Cleidiane Perez

Law School Personal Reflections on COVID-19

No abstract provided.

Samy W. Abdallah '21: Reflections On The Fall 2020 Semester, Samy W. Abdallah

Law School Personal Reflections on COVID-19

No abstract provided.

Professor Jennifer S. Stevenson: Reflections On The Fall 2020 Semester, Jennifer S. Stevenson

Law School Personal Reflections on COVID-19

No abstract provided.

Associate Dean Laura N. Shepherd: Reflections On The Fall 2020 Semester, Laura N. Shepherd

Law School Personal Reflections on COVID-19

No abstract provided.