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Social and Behavioral Sciences Commons

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William & Mary Law School

2014

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Articles 1 - 30 of 39

Full-Text Articles in Social and Behavioral Sciences

Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green Dec 2014

Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green

Popular Media

No abstract provided.


Potential Liability For Failure To Adapt To Recurrent Flooding: Applying The Legal Framework Of The Farmers Insurance Group's Lawsuit Against Chicago And Chicago Municipalities To Norfolk And Virginia, James M. Andris Jr. Dec 2014

Potential Liability For Failure To Adapt To Recurrent Flooding: Applying The Legal Framework Of The Farmers Insurance Group's Lawsuit Against Chicago And Chicago Municipalities To Norfolk And Virginia, James M. Andris Jr.

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

FEMA, National Flood Insurance Program's Community Rating System, and Local Government Liability

Panelists will discuss issues surrounding FEMA reforms to the NFIP, how stormwater management actions can assist local governments in response to those changes, and what liabilities exist for governments.


Mapping Coastal Risks And Social Vulnerability: Legal And Policy Issues And Opportunities, Lisa Schiavinato Dec 2014

Mapping Coastal Risks And Social Vulnerability: Legal And Policy Issues And Opportunities, Lisa Schiavinato

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

Social Vulnerability

Panelists, moderated by Lynda Butler, will share their perspectives and analyses on the intersections among race, law, science and environmental justice in community vulnerability assessments.


Commission Meeting, Carlton H. Hershner, Carlton H. Hershner Dec 2014

Commission Meeting, Carlton H. Hershner, Carlton H. Hershner

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

Commission Meeting: Report on Climate Change Progress in Virginia


Go Green, Save Money: Lowering Flood Insurance Rates In Virginia With Stormwater Management, Kristen Clark Dec 2014

Go Green, Save Money: Lowering Flood Insurance Rates In Virginia With Stormwater Management, Kristen Clark

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

FEMA, National Flood Insurance Program's Community Rating System, and Local Government Liability

Panelists will discuss issues surrounding FEMA reforms to the NFIP, how stormwater management actions can assist local governments in response to those changes, and what liabilities exist for governments.


Adaptation: Market Sector Responses, Michael Vernon, Michael Vernon Dec 2014

Adaptation: Market Sector Responses, Michael Vernon, Michael Vernon

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

Adaptation: Market Sector Responses

Panelists will share information on new business opportunities evolving out of recurrent flooding occurrences, new renovation loan solutions, and innovative financing opportunities.


Identifying Socially Vulnerable Communities In Coastal Virginia, Sarah L. Stafford, Jeremy Abramowitz Dec 2014

Identifying Socially Vulnerable Communities In Coastal Virginia, Sarah L. Stafford, Jeremy Abramowitz

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

Social Vulnerability

Panelists, moderated by Lynda Butler, will share their perspectives and analyses on the intersections among race, law, science and environmental justice in community vulnerability assessments.


Through The Storm, Through The Rain: The Realities Of Climate Change And The Need For New Engagement In Hampton Roads, Va, Erica Holloman Dec 2014

Through The Storm, Through The Rain: The Realities Of Climate Change And The Need For New Engagement In Hampton Roads, Va, Erica Holloman

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

Social Vulnerability

Panelists, moderated by Lynda Butler, will share their perspectives and analyses on the intersections among race, law, science and environmental justice in community vulnerability assessments.


National Flood Insurance Program's Community Rating System: A Catalyst For Local Government Adaptive Planning To Reduce Flood Risk, Bill Lesser Dec 2014

National Flood Insurance Program's Community Rating System: A Catalyst For Local Government Adaptive Planning To Reduce Flood Risk, Bill Lesser

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

FEMA, National Flood Insurance Program's Community Rating System, and Local Government Liability

Panelists will discuss issues surrounding FEMA reforms to the NFIP, how stormwater management actions can assist local governments in response to those changes, and what liabilities exist for governments.


Potential For Physical Vulnerability To Sea Level Rise And Flooding, Molly Mitchell, Karinna Nunez, Alex Renaud, Coastal Resource Management Clinic, Virginia Institute Of Marine Science Dec 2014

Potential For Physical Vulnerability To Sea Level Rise And Flooding, Molly Mitchell, Karinna Nunez, Alex Renaud, Coastal Resource Management Clinic, Virginia Institute Of Marine Science

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

Social Vulnerability

Panelists, moderated by Lynda Butler, will share their perspectives and analyses on the intersections among race, law, science and environmental justice in community vulnerability assessments.


The National Flood Insurance Program And The Community Rating System: Making Participation Easier, Shannon Hulst Jarbeau Dec 2014

The National Flood Insurance Program And The Community Rating System: Making Participation Easier, Shannon Hulst Jarbeau

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

FEMA, National Flood Insurance Program's Community Rating System, and Local Government Liability

Panelists will discuss issues surrounding FEMA reforms to the NFIP, how stormwater management actions can assist local governments in response to those changes, and what liabilities exist for governments.


Commission Meeting, Jim Redick, James Redick Dec 2014

Commission Meeting, Jim Redick, James Redick

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

Commission Meeting: Report on Climate Change Progress in Virginia


Adaptive Planning For Flooding And Coastal Change In Virginia: Next Steps For The Commonwealth (Agenda), Virginia Coastal Policy Center, William & Mary Law School, Center For Coastal Resources Management, Virginia Institute Of Marine Science, Virginia Sea Grant Dec 2014

Adaptive Planning For Flooding And Coastal Change In Virginia: Next Steps For The Commonwealth (Agenda), Virginia Coastal Policy Center, William & Mary Law School, Center For Coastal Resources Management, Virginia Institute Of Marine Science, Virginia Sea Grant

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

No abstract provided.


Adaptation: Market Sector Responses, Scott Hunter, Scott Hunter Dec 2014

Adaptation: Market Sector Responses, Scott Hunter, Scott Hunter

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

Adaptation: Market Sector Responses

Panelists will share information on new business opportunities evolving out of recurrent flooding occurrences, new renovation loan solutions, and innovative financing opportunities.


Virginia Accomplishments Since The 2008 Climate Action Plan Release, Center For Coastal Resources Management, Virginia Institute Of Marine Science, Governor's Climate Change And Resiliency Update Commission Dec 2014

Virginia Accomplishments Since The 2008 Climate Action Plan Release, Center For Coastal Resources Management, Virginia Institute Of Marine Science, Governor's Climate Change And Resiliency Update Commission

2014, Adaptive Planning for Flooding and Coastal Change in Virginia: Next Steps for the Commonwealth

No abstract provided.


Determining Extraterritoriality, Franklin A. Gevurtz Nov 2014

Determining Extraterritoriality, Franklin A. Gevurtz

William & Mary Law Review

This Article addresses an underexplored but critical aspect of the presumption against extraterritoriality. The presumption against extraterritoriality—which the United States Supreme Court has increasingly invoked in recent years—calls for courts to presume that Congress does not intend U.S. statutes to govern events outside the United States. The most difficult issue presented by the presumption arises when relevant events occur both inside and outside the United States, as in the classic example, if a shooter on one side of the border kills a victim on the other, or if, as in the leading case, false statements originating inside the United States …


The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken Oct 2014

The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken

William & Mary Bill of Rights Journal

No abstract provided.


Three Questions For The "Right To Vote" Amendment, Richard Briffault Oct 2014

Three Questions For The "Right To Vote" Amendment, Richard Briffault

William & Mary Bill of Rights Journal

No abstract provided.


Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin Oct 2014

Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin

William & Mary Bill of Rights Journal

No abstract provided.


Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher Oct 2014

Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher

William & Mary Bill of Rights Journal

No abstract provided.


"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb Oct 2014

"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb

William & Mary Bill of Rights Journal

No abstract provided.


Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh Oct 2014

Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh

William & Mary Bill of Rights Journal

No abstract provided.


Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith Oct 2014

Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith

William & Mary Law Review

Historical practice strongly influences constitutional interpretation in foreign relations law, including most questions relating to the treaty power. Yet it is strikingly absent from the present debate over whether Congress can pass legislation implementing U.S. treaties under the Necessary and Proper Clause. Drawing on previously unexplored sources, this Article considers the historical roots of Congress’s power to implement U.S. treaties between the Founding Era and the seminal case of Missouri v. Holland in 1920. It shows that time after time, members of Congress understood the Necessary and Proper Clause to provide a constitutional basis for a congressional power to implement …


Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz Oct 2014

Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz

Faculty Publications

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations harm …


An Ntsb For Capital Punishment, Adam M. Gershowitz Oct 2014

An Ntsb For Capital Punishment, Adam M. Gershowitz

Faculty Publications

When a fatal traffic accident happens, we expect the local police and prosecutors to handle the investigation and criminal charges. When afatal airplane crash occurs, however, we turn instead to the National Transportation Safety Board (NTSB). The reason is that air crashes are complicated and the NTSB has vast expertise. Without that expertise, investigations falter. We need look no further than the mess made by Malaysian authorities in the search for Flight 370 to see the importance of expertise in handling complicated investigations and processes. It is easy to point to a similar series of mistakes by local prosecutors and …


Untangling Digital Knots, Lauren P. Seney, Daniel H. Weddington May 2014

Untangling Digital Knots, Lauren P. Seney, Daniel H. Weddington

Library Staff Publications

No abstract provided.


The Partisanship Spectrum, Justin Levitt May 2014

The Partisanship Spectrum, Justin Levitt

William & Mary Law Review

In a polarized political environment, allegations of excessive partisanship by public actors are ubiquitous. Commentators, courts, and activists levy these allegations daily. But with remarkable consistency, they do so as if “partisanship” described a single phenomenon. This Article recognizes that the default mode of understanding partisanship is a descriptive and diagnostic failure with meaningful consequences. We mean different things when we discuss partisanship, but we do not have the vocabulary to understand that we are talking past each other.

Without a robust conceptualization of partisanship, it is difficult to treat pathologies of partisan governance. Indeed, an undifferentiated approach to partisanship …


Sensible Bytes: States Need A New Approach To Justify Their Recruitment Of Internet Data Centers, Michael F. Kaestner May 2014

Sensible Bytes: States Need A New Approach To Justify Their Recruitment Of Internet Data Centers, Michael F. Kaestner

William & Mary Environmental Law and Policy Review

No abstract provided.


Mental Illness And Danger To Self, Cynthia V. Ward Apr 2014

Mental Illness And Danger To Self, Cynthia V. Ward

Faculty Publications

No abstract provided.


The Jury And Participatory Democracy, Alexandra D. Lahav Mar 2014

The Jury And Participatory Democracy, Alexandra D. Lahav

William & Mary Law Review

No abstract provided.