Law Commons^™

"Hey, Hey! Ho, Ho! These Mass Arrests Have Got To Go!": The Expressive Fourth Amendment Argument, Karen J. Pita Loor

William & Mary Journal of Race, Gender, and Social Justice

The racial justice protests ignited by the murder of George Floyd in May 2020 constitute the largest protest movement in the United States. Estimates suggest that between fifteen and twenty-six million people protested across the country during the summer of 2020 alone. Not only were the number of protestors staggering, but so were the number of arrests. Within one week of when the video of George Floyd’s murder went viral, police arrested ten thousand people demanding justice on American streets, with police often arresting activists en masse. This Essay explores mass arrests and how they square with Fourth Amendment …

Data Of The Dead: A Proposal For Protecting Posthumous Data Privacy, Kate C. Ashley

William & Mary Law Review

No abstract provided.

Using The Abc Test To Classify Workers: End Of The Platform-Based Business Model Or Status Quo Ante?, Robert Sprague

William & Mary Business Law Review

In light of California’s recent adoption of the ABC employee/ independent contractor classification test, this Article provides a comprehensive analysis of the ABC test’s application in the platformbased (gig) economy. After first reviewing the current state of precarious work arrangements, particularly through gig work, and reviewing more traditional classification tests (the common law control test, the economic realities test, and the IRS test) as well as more recent Market Platform legislation, this Article provides a thorough examination of the factors necessary to satisfy the three parts of the ABC test. Since there are almost no reported decisions applying the ABC …

Criminal Trade Secret Theft Cases Against Judgment Proof Defendants In Texas And California, Michelle Evans, Kurt M. Saunders

William & Mary Business Law Review

Trade secret theft is a costly and ongoing risk to many businesses. As the two most populous states, California and Texas are home to numerous businesses that own trade secrets. Although civil remedies afford one source of relief when a trade secret has been stolen or disclosed, collecting on a judgment may be impossible due to the Homestead laws in both states, which effectively render the defendants judgment proof. In such cases, another alternative is to consider a criminal prosecution under the Federal Economic Espionage Act or state law. The same misconduct that results in civil liability can also violate …

Counterfeit Campaign Speech, Rebecca Green

Popular Media

No abstract provided.

Borrowing In The Shadow Of Death: Another Look At Probate Lending, David Horton

William & Mary Law Review

“Fringe” lending has long been controversial. Three decades ago, demand for subprime credit soared, and businesses started to offer high-interest rate cash advances, such as tax refund anticipation loans, payday loans, and pension loans. These products have sparked intense debate and are subject to a maze of rules.

However, in Probate Lending, published in the Yale Law Journal, a coauthor and I examined a form of fringe lending that has gone largely unnoticed: firms that pay lump sums in return for an heir or beneficiary’s interest in a pending decedent’s estate. Capitalizing on a California law that requires …

California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel

William & Mary Environmental Law and Policy Review

No abstract provided.

Section 1: Moot Court: Friedrichs V. California Teachers Association, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann

William & Mary Journal of Race, Gender, and Social Justice

This Article analyzes, from both a doctrinal and theoretical perspective, the First Amendment speech interests at stake before the U.S. Court of Appeals for the Ninth Circuit in Welch v. Brown and Pickup v. Brown. Those cases pivot on a controversial California law banning mental health providers from performing sexual orientation change efforts (also known as conversion therapy) on minors. Two district court judges reached radically different conclusions about the First Amendment questions. The Article explores how a trio of recent Supreme Court decisions involving seemingly disparate factual scenarios—Brown v. Entertainment Merchants Association, United States v. Alvarez and Gonzales v. …

Marketing Of Investment Advisers To Public Pension Plans: Achieving Transparency Through Lobbying Regulations?, Christina M. Sumpio

William & Mary Business Law Review

In the past decade, public pension plans and their outside investment advisers have been at the center of scandals involving bribery, blatant asset mismanagement, and widespread corruption. In response to this corruption, the U.S. Securities and Exchange Commission and many state legislatures have adopted laws addressing “pay-to-play,” the custom of making political contributions or other payments to state or local officials in return for an opportunity to “play”—invest the public pension fund money. This Note examines certain pay-to-play legislation enacted by state and local governments seeking to regulate investment advisers and public pension plans through the promulgation of lobbying regulations. …

Shaping California's Prisons: How The Alternative Custody Program, Designed To Remedy The State's Eighth Amendment Violations In The Prison System, Encroaches On Equal Protection, Emilie A. Whitehurst

William & Mary Bill of Rights Journal

No abstract provided.

The Natural Flow Of Ideas: Why The Fifth Amendment Takings Clause And An Obscure Water-Rights Decision Might Thwart Attempts At Streamlining The Patent Queue, Joseph Kamien

William & Mary Bill of Rights Journal

No abstract provided.

How The Law Mattered To The Mono Lake Ecosystem, Sherry A. Enzler

William & Mary Environmental Law and Policy Review

The 2005 Millennium Ecosystem Assessment Board reported
unprecedented degradation of ecosystems and the services they provide
to human well-being which, if allowed to continue, would adversely affect
human health, security, and welfare. Our environmental legal authorities,
however, are not designed to protect the health of our nation’s ecosystems,
focusing instead on clean air, clean land, and clean water as a
single medium, often referred to as the silo approach to environmental
protection. Protecting ecosystems requires a systemic approach to the
environment in both policy and law; this in turn requires a change in our
approach to environmental protection. How do …

Financing The Next Silicon Valley, Darian M. Ibrahim

Faculty Publications

Silicon Valley’s success has led other regions to attempt their own high-tech transformations, yet most imitators have failed. Entrepreneurs may be in short supply in these “non-tech” regions, but some non-tech regions are home to high-quality entrepreneurs who relocate to Silicon Valley due to a lack of local financing for their start-ups. Non-tech regions must provide local finance to prevent entrepreneurial relocation and reap spillover benefits for their communities. This Article compares three possible sources of entrepreneurial finance—private venture capital, state-sponsored venture capital, and angel investor groups—and finds that angel groups have distinct advantages when it comes to funding innovation …

California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling

William & Mary Journal of Race, Gender, and Social Justice

Effective January 1, 2005, the California Domestic Partner Rights and Responsibilities Act of 2003 (CDPRRA) replaced the Domestic Partnership Act of 1999, vesting registered domestic partners with new rights and a court termination procedure similar to divorce. Does the new statute legalize gay marriage? Are domestic partners eligible for spousal support? Are the registration and termination procedures voluntary? Does the Unruh Civil Rights Act now require businesses and private organizations to include gay members? The article reviews the new law and analyzes how three recent court decisions resolve these controversial issues.

Shall It Be Said That My Dusk Was In Truth My Dawn? What States Can Gleam From The Environmental Consequences Of Deregulating Electricity In California, Michael Kantro

William & Mary Environmental Law and Policy Review

No abstract provided.

California Conflict Of Laws In Regard To Contracts, Joseph M. Cormack

Faculty Publications

No abstract provided.

Conflict Of Laws In Regard To Contracts In Field Code States Other Than California, Joseph M. Cormack

Faculty Publications

No abstract provided.

Applications Of The Distinction Between Mortgages And Trust Deeds In California, Joseph M. Cormack, James B. Irsfeld Jr.

Faculty Publications

No abstract provided.