When Business Is A Cult, Ann Lipton

Publications

No abstract provided.

Ai Disgorgement Or Ai Recalls: A Trip Down Remedy Lane, Margot Kaminski

Publications

No abstract provided.

Transgender Disenfranchisement, Scott Skinner-Thompson

Publications

Transgender and gender variant people are excluded from formal democratic participation at the polls through a variety of legal mechanisms. Such barriers include purportedly neutral voter identification laws, which may prevent transgender people from voting given the obstacles to achieving accurate identification documents in many states, and felon disenfranchisement laws, which exclude the disproportionate number of trans people ensnared in the carceral system.

But, as this Article explains, transgender people are also deterred from public space and participation more broadly through laws and customs specifically policing gender identity. Such laws include so-called bathroom bills that prevent people from accessing facilities …

The Shifting Economic Allegiance Of Capital Gains, Amanda Parsons

Publications

No abstract provided.

Displaying Wastewater Surveillance Data: An Ethics Framework, Govind Persad, Anne Barnhill, Douglas Mackay

Publications

No abstract provided.

Age And Saving Lives In Crisis Standards Of Care: A Multicenter Cohort Study Of Triage Score Prognostic Accuracy, Michael Hermsen, Patrick G. Lyons, Govind Persad, Alice F. Bewley, Chengsheng Mao, Kaveri Chhikara, Anoop Mayampurath, Matthew Churpek, Monica E. Peek, Yuan Luo, William F. Parker

Publications

No abstract provided.

Indigenous Peoples In International (Treaty) Diplomacy, Kristen A. Carpenter

Publications

International diplomacy has traditionally been considered the exclusive prerogative of states, who engage with each other on matters of peace, conflict, and trade with an eye to national interests and global wellbeing. This is one of a series of works considering "Indigenous Diplomacy"—a practice in which Indigenous Peoples engage with states, as well as other Indigenous Peoples, groups, and individuals in bilateral and multilateral settings, informed by Indigenous values, to advance rights, relationships, and remedies, as well as peace and security. This Article examines one category of Indigenous Diplomacy, namely the diplomatic processes surrounding modern and contemporary international treaties. With …

Highlighting Black Students At Colorado Law, 1896-1968, Rebecca Ciota

Publications

No abstract provided.

Can The Law Of Democracy Save Democracy?, Helen L. Norton

Publications

No abstract provided.

The Legitimation Of Shareholder Primacy, Ann Lipton

Publications

We are living in a polarized era, and corporate governance is no exception. With controversies raging over "environmental, social, governance," (ESG) investing, diversity, equity and inclusion initiatives, climate change as an investment concern, and even Elon Musk's pay package at Tesla, it seems as though corporate governance has never been so starkly divided along partisan lines.

The divisions have threatened to spill over to Delaware, the preferred jurisdiction for incorporation in the United States. Several high profile cases—including those involving Elon Musk—have called Delaware's neutrality into question. Commenters have argued that Delaware's newly politicized approach threatens to splinter the corporate …

Structural Tax Reform And The Next Reit Revolution, Sloan G. Speck

Publications

No abstract provided.

A New Satanic Panic, Jonathon J. Booth

Publications

A broad backlash to LGBTQ visibility and equality has emerged in recent years. Its conservative proponents have asserted that queer people are Satanic, called gender affirming healthcare child abuse, and labeled adults who teach about gender and sexuality "groomers." This rhetorical shift, combined with an explosion of anti-transgender legislation, may presage a revival of the 1980s Satanic Panic, when fears of brutal crimes allegedly committed by Satanic cults swept the nation. These accusations spurred the longest trial in American history, commanded tabloid news, and led dozens of people to be convicted of lurid crimes, nearly all of whom were later …

The Supervisory Power Of State Supreme Courts, Adam B. Sopko

Publications

State supreme courts are currently center stage as they face some of the most important issues of our time. But nearly all of the attention is focused on their ability to interpret state constitutions to provide rights guarantees that the U.S. Supreme Court has diminished or eliminated from the Federal Constitution. While important, judicial review is but one instance of a state high court’s authority. Their supervisory power—the primary source of judicial administrative authority—has served as a vital source of policymaking power to safeguard individual rights and enhance the public good. Supreme courts have relied on their supervisory power to …

Dangerousness And The Undocumented, Pratheepan Gulasekaram

Publications

The Supreme Court's most recent Second Amendment opinion, United States v. Rahimi, centers the question of dangerousness in right to bear arms challenges. There, the Court upheld 18 U.S.C. § 922(g)(8), the federal criminal prohibition on possession of firearms by those subject to a civil domestic violence order, opining that legislatures could regulate the right to bear arms of those who were proven credible threats to public safety. Rahimi, however, left open the question whether dangerousness might be imputed to an entire group, absent individual determinations of threat or danger. The several lower federal court cases adjudicating 18 U.S.C. § …

Religious Freedom And The Fertilized Egg, Rabea N. Benhalim

Publications

Anti-abortion activism and litigation have challenged established caselaw on the legality of in vitro fertilization (IVF) and the legal treatment of IVF fertilized eggs. These challenges rely on conservative Christian ideologies that full personhood occurs at fertilization. Litigation has primarily arisen out of wrongful death suits and divorce proceedings, wherein a party either has destroyed or seeks to dispose of frozen blastocysts. Some legislatures now seek to regulate the treatment of IVF fertilized eggs vis-á-vis legislation, as politicians increasingly seek to ban any destruction of human fertilized eggs by legally defining human life as beginning at fertilization. However, the question …

Foreword, Jedediah Britton-Purdy, Justin Deystone

Publications

No abstract provided.

Prosecutorial Reform And The Myth Of Individualized Enforcement, Justin Murray

Publications

The American prosecutor’s legitimacy faces unprecedented challenges. A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders of the prosecutorial status quo. Central to this conflict is a debate over the nature of prosecutorial discretion, influenced by a set of claims and assumptions that this Article terms the myth of individualized enforcement. This myth posits that prosecutors base discretionary decisions on case-specific facts and equitable circumstances rather than generalizable criteria or categorical nonenforcement practices, such as the policies some reformist prosecutors have adopted that disfavor prosecuting …

Law Enforcement Independence In Trump’S Second Term, Justin Murray

Publications

No abstract provided.

An American's Guide To The Eu Ai Act, Margot Kaminski, Andrew D. Selbst

Publications

The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to many in the United States. But as the first omnibus AI regulation worldwide, it has the potential to have a vast influence on both practice and lawmaking.

In this Article, we provide the American's Guide to the EU AI Act. This Article breaks down the AI Act for a U.S. law audience, explaining the overall mechanisms, and how the Act interacts with background EU laws and institutions. At its core, the AI …

Copyright And Artificial Intelligence, Part 2: Copyrightability

Copyright, Fair Use, Scholarly Communication, etc.

This report by the United States Copyright Office addresses the legal and policy issues related to artificial intelligence (AI) and copyright as outlined in the Office’s August 2023 Notice of Inquiry (NOI).

The report will be published in several parts each one addressing a different topic. This part addresses the copyrightability of works created using generative AI. The first part, published in 2024, addresses the topic of digital replicas—the use of digital technology to realistically replicate an individual’s voice or appearance. A subsequent part will turn to the training of AI models on copyrighted works, licensing considerations, and allocation of …

Health Equity In Times Of Crisis: The Impact Of Economic And Public Health Shocks On Access To Care Among Women In Zimbabwe And The United States, Vimbainashe Dihwa

Theses and Dissertations

Abstract

This dissertation examines health equity during times of national public health and economic crises by examining access to care among women of reproductive age. Papers 1 and 2 estimate the effects of the 2020 Covid-19 pandemic in the United States (US). Paper 3 examines the potential effects of the 2008 hyperinflation and subsequent economic crisis in Zimbabwe.

Paper 1 assessed the role of health professional shortage areas (HPSAs) in the Covid-19 pandemic-related temporal trends in mental health access among women in the 18 to 44 years age group with self-reported anxiety and/or depression. The findings suggest decreased unmet prescription …

United States Environmental Protection Agency Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

US EPA SIP

Uncovering What Was Always There: Black History At Colorado Law, Rebecca Ciota

Publications

No abstract provided.

Yars 18(32)

Yearbook of Antitrust and Regulatory Studies

YARS Vol. 18(32)

Public Protest And Civil Unrest, Timothy Zick

Faculty Publications

Governments and officials must respond to protest-related civil unrest. How they do so is both an index of official respect for dissent and a measure of how committed governments are to democratic accountability. This Article examines official responses to civil unrest in connection with several recent high-profile demonstrations. In general, it concludes that governments and officials have relied on aggressive and increasingly draconian measures to quell protest-related civil unrest. Among other things, they have invoked emergency powers and used aggressive protest policing methods; dispatched federal agency personnel and threatened to deploy military forces to police demonstrations; enacted successive waves of …

Creating U.S. Catholicism, Gerard V. Bradley

Journal Articles

Reviewing, The World and Work of Father John J. Burke: A Mystic in Action by Douglas J. Slawson, St. Augustine's, 600 p, $36.

Human Rights Methodology For Clinical Instruction: Legal Theory And Interdisciplinary Practices To Realize Human Rights Outcomes, Diane Desierto

Journal Articles

The interdisciplinary fact-finding and analytical methodologies of global human rights law, when translated to experiential learning practices (e.g., in the form of human rights legal assessments that integrate international law with domestic law and inject rigorous plausibility evaluations of client claims applicable to global as well as domestic fora) can usefully enhance and expand United States law school clinical teaching practices and the transfer of practical lawyering skills. By teaching law students: (1) the wide range of available human rights factfinding and empirical tools; (2) the techniques for broad use and application of primary and secondary evidentiary sources; and (3) …

The Pathologies Of Revocation By Physical Act, Barry Cushman

Journal Articles

The power to revoke one’s will by physical act was enshrined in Anglo-American law in 1677 by the Statute of Frauds. It remains the law in Great Britain, in such developed Commonwealth countries as Canada, Australia, and New Zealand, and in each of the United States of America. Yet revocation by physical act creates numerous perplexities in the law, is badly out of phase with the law governing non-probate transfers, has become increasingly anomalous within the law of wills itself, and is in need of reform.

In a previous article, The Decline of Revocation by Physical Act, I documented …

Effects Of Perceived Procedural Justice On The Relationship Between Visa Application Outcome And Psychological Distress: Evidence From Ghanaians And Nigerians Applying For U.S. Student Visas, Harriet Swanzy-Baffoe

Masters Theses

Visa interviews are not just bureaucratic processes; they can have significant psychological effects on applicants. This study examined the impact of U.S. student visa outcomes on psychological distress among West African applicants, with particular attention to perceptions of procedural justice during the interview process. The study surveyed 203 Ghanaian and Nigerian individuals who had previously applied for a U.S. student visa. Psychological distress was measured using the Impact of Event Scale-Revised (IES-R), and perceptions of fairness were measured with a custom-developed Procedural Justice Scale. Independent samples t-tests showed that denied applicants reported significantly higher distress, although elevated symptoms were also …

The Executive Branch: Powers Of The President & Inaugurations, Wolf Law Library, William & Mary Law School

Library Book Displays

On display in the Wolf Law Library January - July 2025.