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Full-Text Articles in Law

The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy A. Thomas May 2021

The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy A. Thomas

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

This Article delves into the life and work of Judge [Florence] Allen to provide insight to the contributions and jurisprudence of the first woman judge. For history questions what difference putting a woman on the bench might have made. Part I explores Allen’s early influences on her intellectual development grounded in her progressive and politically active family, and her close network of female professional friends. Part II discusses her pivotal work with the women’s suffrage movement, working with the national organizations in New York and leading the legal and political efforts in Ohio. This proactive commitment to gender ...


Blurred Lines: Disparate Impact And Disparate Treatment Challenges To Subjective Decisions-- The Case Of Reductions In Force, Allan King, Alexandra Hemenway May 2021

Blurred Lines: Disparate Impact And Disparate Treatment Challenges To Subjective Decisions-- The Case Of Reductions In Force, Allan King, Alexandra Hemenway

William & Mary Business Law Review

Subjective employment decisions may be challenged under disparate treatment (intentional discrimination) and/or disparate impact (the discriminatory consequences of a neutral policy) theories of discrimination. However, these theories and supporting evidence often are conflated when the criteria for selecting employees are ill-defined or unrecorded. In those instances, the process by which employees are selected merges with the selections themselves, these legal theories converge as well. This Article critically discusses how courts have struggled to distinguish these theories in cases alleging a discriminatory reduction in force. It suggests how these cases should be submitted to juries, to preserve the liability and ...


Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai Apr 2021

Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai

William & Mary Bill of Rights Journal

Democracy is in crisis throughout the world. And courts play a key role within this process as a main target of populist leaders and in light of their ability to hinder administrative, legal, and constitutional changes. Focusing on the ability of courts to block constitutional changes, this Article analyzes the main tensions situated at the heart of democratic erosion processes around the world: the conflict between substantive and formal notions of democracy; a conflict between believers and nonbelievers that courts can save democracy; and the tension between strategic and legal considerations courts consider when they face pressure from political branches ...


Judging Patents, Sapna Kumar Feb 2021

Judging Patents, Sapna Kumar

William & Mary Law Review

Patent litigation is regarded as the “neurosurgery of litigation.” To adjudicate these cases, judges must grasp complex technology underlying the claims at issue, notwithstanding the fact that many judges lack relevant science or technology backgrounds. This problem is compounded by the fact that judges generally lack access to neutral expertise, forcing them to rely upon party-hired experts for tutorials. By contrast, several European patent courts utilize technically qualified judges who work side by side with their legally trained counterparts to decide patent cases. The integration of technical expertise into the judiciary improves the speed of litigation, provides the court with ...


When All Else Fails, Look To The Courts: Using Hybrid Tribunals To Build Judicial Capacity And End Environmental Destruction In Post-Conflict Countries, Reeana Keenen Mar 2019

When All Else Fails, Look To The Courts: Using Hybrid Tribunals To Build Judicial Capacity And End Environmental Destruction In Post-Conflict Countries, Reeana Keenen

William & Mary Environmental Law and Policy Review

A news report from April 2017 that compiled data from South Sudan, Nigeria, Somalia, and Yemen stated that each country is either experiencing famine or on the brink. These countries and their link to famine is not coincidental: each country is either in the midst of current armed conflict or trying to piece itself back together following an armed conflict. For example, in South Sudan, violent clashes between South Sudan’s army and a rebel militia resulted in the “razing and burning [of] entire villages.”

Famine and other environmental harms are common in pre- and post-conflict countries, often worsened by ...


The Federal–State Standing Gap: How To Enforce Federal Law In Federal Court Without Article Iii Standing, Peter N. Salib, David K. Suska May 2018

The Federal–State Standing Gap: How To Enforce Federal Law In Federal Court Without Article Iii Standing, Peter N. Salib, David K. Suska

William & Mary Bill of Rights Journal

You, too, can sue Donald Trump under the Emoluments Clause!

Since Inauguration Day, several lawsuits have been filed against President Trump because of his refusal to divest certain assets. They assert that Trump’s business interests conflict with the Emoluments Clause of Article I. That arcane provision forbids certain federal officials from accepting any perquisite or gain from a foreign monarch or state. The suits contend, for example, that a foreign dignitary’s booking of a room at the Trump International Hotel in Washington, D.C. would constitute an unlawful emolument.

Most commentators quickly threw cold water on the prospect ...


Appellate Deference In The Age Of Facts, Kenji Yoshino Oct 2016

Appellate Deference In The Age Of Facts, Kenji Yoshino

William & Mary Law Review

This Article explores the question of how much appellate deference is due to “legislative” facts, or broad social facts about the world, established by the district courts. While it is axiomatic that “adjudicative” facts—which are the “whodunit” facts specific to a case—receive clear error deference on appeal, the Supreme Court has yet to address the degree of deference due to legislative facts. While the dominant view among appellate courts is that legislative facts should only receive de novo review, the practice of the courts has in actuality been much more fitful and inconsistent. The standard may be unsettled ...


Friendly Precedent, Anthony Niblett, Albert H. Yoon Apr 2016

Friendly Precedent, Anthony Niblett, Albert H. Yoon

William & Mary Law Review

This Article explores which legal precedents judges choose to support their decisions.When describing the legal landscape in a written opinion, which precedent do judges gravitate toward? We examine the idea that judges are more likely to cite “friendly” precedent. A friendly precedent, here, is one that was delivered by Supreme Court Justices who have similar political preferences to the lower court judges delivering the opinion. In this Article, we test whether a federal Court of Appeals panel is more likely to engage with binding Supreme Court precedent when the political flavor of that precedent is aligned with the political ...


Book Review Of The Role Of Courts In American Society: The Final Report Of The Council On The Role Of Courts, Doug Rendleman Feb 1986

Book Review Of The Role Of Courts In American Society: The Final Report Of The Council On The Role Of Courts, Doug Rendleman

William & Mary Law Review

No abstract provided.


Introduction To The Symposium "State Courts And Federalism In The 1980'S", John R. Pagan May 1981

Introduction To The Symposium "State Courts And Federalism In The 1980'S", John R. Pagan

William & Mary Law Review

No abstract provided.


The Case For Creating A Special Environmental Court System - A Further Comment, Scott C. Whitney Oct 1973

The Case For Creating A Special Environmental Court System - A Further Comment, Scott C. Whitney

William & Mary Law Review

No abstract provided.


The Case For Creating A Special Environmental Court System, Scott C. Whitney Mar 1973

The Case For Creating A Special Environmental Court System, Scott C. Whitney

William & Mary Law Review

No abstract provided.


State Appellate Courts And The Judicial Process: Written Obscenity, D. Grier Stephenson Jr. Oct 1969

State Appellate Courts And The Judicial Process: Written Obscenity, D. Grier Stephenson Jr.

William & Mary Law Review

No abstract provided.


Secrecy And The Supreme Court: Judicial Indiscretion And Reconstruction Politics, Peter Fish Feb 1967

Secrecy And The Supreme Court: Judicial Indiscretion And Reconstruction Politics, Peter Fish

William & Mary Law Review

No abstract provided.


Accident Claim Settlement - A Proposal To Eliminate Unnecesasry Delay, James P. Mcgeein Oct 1957

Accident Claim Settlement - A Proposal To Eliminate Unnecesasry Delay, James P. Mcgeein

William & Mary Law Review

No abstract provided.