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Articles 1 - 30 of 247
Full-Text Articles in Law
A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons
A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Mail Order Feminism, Marcia Zug
Mail Order Feminism, Marcia Zug
William & Mary Journal of Race, Gender, and Social Justice
This Essay will argue that America’s current marriage crisis is a problem that could be solved by encouraging mail order marriages. Specifically, Part I of this Article will show how the current marriage crisis is the result of an increasing educational gap between American men and women that is leaving less educated men with few marriage prospects. It will further argue that the loss of marriage prospects is concerning both because marriage is often the social institution that supports men as their job prospects falter and because it has the potential to create an angry and dangerous underclass of men …
Procedurally Criminal: How Peremptory Challenges Create Unfair And Unrepresentative Single-Gender Juries, Chelsea V. King
Procedurally Criminal: How Peremptory Challenges Create Unfair And Unrepresentative Single-Gender Juries, Chelsea V. King
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola
William & Mary Bill of Rights Journal
No abstract provided.
Scientizing Culpability: The Implications Of Hall V. Florida And The Possibility Of A “Scientific Stare Decisis”, Christopher Slobogin
Scientizing Culpability: The Implications Of Hall V. Florida And The Possibility Of A “Scientific Stare Decisis”, Christopher Slobogin
William & Mary Bill of Rights Journal
The Supreme Court’s decision in Hall v. Florida held that “clinical definitions” control the meaning of intellectual disability in the death penalty context. In other words, Hall “scientized” the definition of a legal concept. This Article discusses the implications of this unprecedented move. It also introduces the idea of scientific stare decisis—a requirement that groups that are scientifically alike be treated similarly for culpability purposes—as a means of implementing the scientization process.
The Daryl Atkins Story, Mark E. Olive
The Daryl Atkins Story, Mark E. Olive
William & Mary Bill of Rights Journal
No abstract provided.
Women In The Crowd Of Corporate Directors: Following, Walking Alone, And Meaningfully Contributing, Joan Macleod Heminway
Women In The Crowd Of Corporate Directors: Following, Walking Alone, And Meaningfully Contributing, Joan Macleod Heminway
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir
William & Mary Journal of Race, Gender, and Social Justice
Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. …
Suicide In The Name Of Honor: Why And How U.S. Asylum Law Should Be Modified To Allow Greater Acceptance Of Honor-Violence Victims To Prevent “Honor Suicides”, Ayla M. Kremen
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
William & Mary Bill of Rights Journal
In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth …
Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis
Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis
William & Mary Bill of Rights Journal
No abstract provided.
Does Atkins Make A Difference In Non-Capital Cases? Should It?, Paul Marcus
Does Atkins Make A Difference In Non-Capital Cases? Should It?, Paul Marcus
William & Mary Bill of Rights Journal
No abstract provided.
Everyone Forgets About The Third Amendment: Exploring The Implications On Third Amendment Case Law Of Extending Its Prohibitions To Include Actions By State Police Officers, Samantha A. Lovin
William & Mary Bill of Rights Journal
No abstract provided.
Sentencing Roulette: How Virginia’S Criminal Sentencing System Is Imposing An Unconstitutional Trial Penalty That Suppresses The Rights Of Criminal Defendants To A Jury Trial, Caleb R. Stone
William & Mary Bill of Rights Journal
No abstract provided.
Challenges Of Conveying Intellectual Disabilities To Judge And Jury, Caroline Everington
Challenges Of Conveying Intellectual Disabilities To Judge And Jury, Caroline Everington
William & Mary Bill of Rights Journal
No abstract provided.
Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green
Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green
Popular Media
No abstract provided.
What We Should Learn From Garner And Ferguson Cases, Jeffrey Bellin
What We Should Learn From Garner And Ferguson Cases, Jeffrey Bellin
Popular Media
No abstract provided.
Commission Meeting: Report On Climate Change Progress In Virginia, James Redick, Carlton H. Hershner, Paul Olsen, Bill Shelton
Commission Meeting: Report On Climate Change Progress In Virginia, James Redick, Carlton H. Hershner, Paul Olsen, Bill Shelton
Virginia Coastal Policy Center Annual Conference
Q&A from the Commission members.
Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz
Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz
William & Mary Environmental Law and Policy Review
Although governments have deployed an array of environmental protection laws, our planet continues to experience unprecedented environmental “crises,” including climate change, resource depletion, species extinction, ecosystem damage, and toxic air-water-land pollution. Despite universal acknowledgment and recognition of these serious environmental issues, and despite a growing list of laws designed to address these issues, the reality is that these adverse Earth-based environmental changes continue, and may even be worsening. Environmental protection laws have often failed because they usually include certain problematic characteristics: they are anthropocentric, in that their goal is to protect and benefit humans, not the environment in which humans …
Compulsory Water Fluoridation: Justifiable Public Health Benefit Or Human Experimental Research Without Informed Consent?, Rita Barnett-Rose
Compulsory Water Fluoridation: Justifiable Public Health Benefit Or Human Experimental Research Without Informed Consent?, Rita Barnett-Rose
William & Mary Environmental Law and Policy Review
No abstract provided.
The Case For Ehearsay, Jeffrey Bellin
Symposium On The Challenges Of Electronic Evidence, Daniel J. Capra, Sidney A. Fitzwater, Peter Pitegoff, Jeffrey S. Sutton, Paul Grimm, John Haried, Richard W. Vorder Bruegge, Jeffrey Bellin, Paul Scechtman, Deirdre M. Smith, Shira A. Scheindlin, David Shonka, Daniel Gelb, Andrew Goldsmith, George Paul, Paul Lippe
Symposium On The Challenges Of Electronic Evidence, Daniel J. Capra, Sidney A. Fitzwater, Peter Pitegoff, Jeffrey S. Sutton, Paul Grimm, John Haried, Richard W. Vorder Bruegge, Jeffrey Bellin, Paul Scechtman, Deirdre M. Smith, Shira A. Scheindlin, David Shonka, Daniel Gelb, Andrew Goldsmith, George Paul, Paul Lippe
Faculty Publications
No abstract provided.
Prediction Theories Of Law And The Internal Point Of View, Michael S. Green
Prediction Theories Of Law And The Internal Point Of View, Michael S. Green
Faculty Publications
No abstract provided.
Rethinking Transparency In U.S. Elections, Rebecca Green
Rethinking Transparency In U.S. Elections, Rebecca Green
Faculty Publications
Bush v. Gore catapulted this country into a crisis of confidence in the management of our elections. Despite reforms since 2000, public confidence in election administration continues to wane. Are dead people on the rolls? Are noncitizens voting? Are provisional ballots wrongly rejected? State election transparency statutes meant to reassure the public that elections are producing legitimate results are often conflicting, vague, and even nonexistent. Exacerbating the problem, the last two decades have witnessed huge changes that offset the transparency balance. Dramatic changes in how Americans vote, how elections are administered, and who scrutinizes the election process call for a …
Protecting Human Rights During Emergencies: Delegation, Derogation, And Deference, Evan J. Criddle
Protecting Human Rights During Emergencies: Delegation, Derogation, And Deference, Evan J. Criddle
Faculty Publications
Leading human rights treaties permit states as a temporary measure to suspend a variety of human rights guarantees during national crises. This chapter argues that human rights derogation is best justified as a temporary mechanism for empowering states to protect human rights, rather than as a device for enabling national authorities to advance their own interests in a manner that compromises human rights protection. Human rights treaties use broad legal standards to entrust states with responsibility for deciding what measures are best calculated to maximize human right protection during emergencies. For this delegation of authority to operate effectively, international tribunals …
Orchestrating Under Uncertainty: The Organization Of Sustainable Development At The United Nations, Philip A. Sandick
Orchestrating Under Uncertainty: The Organization Of Sustainable Development At The United Nations, Philip A. Sandick
William & Mary Environmental Law and Policy Review
No abstract provided.
Rethinking Ddt: The Misguided Goals Of The Stockholm Convention On Persistent Organic Pollutants And A Plan To Fight Malaria Worldwide, Eva Zelson
William & Mary Environmental Law and Policy Review
No abstract provided.
There May Not Always Be More Fish In The Sea: Why Noaa’S Restrictions Do Not Violate The Magnuson-Stevens Act, Lindsey Nicolai
There May Not Always Be More Fish In The Sea: Why Noaa’S Restrictions Do Not Violate The Magnuson-Stevens Act, Lindsey Nicolai
William & Mary Environmental Law and Policy Review
No abstract provided.
Navigating Through The Confusion Left In The Wake Of Rapanos: Why A Rule Clarifying And Broadening Jurisdiction Under The Clean Water Act Is Necessary, Kristen Clark
William & Mary Environmental Law and Policy Review
No abstract provided.
The Global Cost Of Green: Recent Trade Issues And Litigation Between The United States And China May Dissolve Global Green Cooperation, David P. Vincent
The Global Cost Of Green: Recent Trade Issues And Litigation Between The United States And China May Dissolve Global Green Cooperation, David P. Vincent
William & Mary Environmental Law and Policy Review
This Article begins by looking at how China has moved forward in embracing green technology development, the government’s role in that growth and whether its support is truly harmful on a global scale. It highlights key laws in the United States and the WTO involving trade—specifically subsidies, countervailing duties and anti-dumping regulations. An examination of recent trade cases involving the United States and China is followed by an analysis of America’s recent trade-oriented actions and legislation. Lastly, this Article will consider the legal implications of recent trade developments between these countries as well as policy implications, including the effect on …