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Content Posted in 2020

Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer

A Brief History of Judical Appointments from the Last 50 Years Through the Trump Administration, Donald F. McGahn II

ACE in the Hole: The EPA's Proposed Affordable Clean Energy Rule; Have Your Coal and Burn It Too, Cy M. Hudson

A Fair Process Matters in Alleged Sexual Assault Cases, Cynthia V. Ward

A Father's Lament: UVA Law Professor A. Benjamin Spencer on Charlottesville, A. Benjamin Spencer

All That Glitters is Gold: The Regulation of Hidden Advertisements and Undisclosed Sponsorships in the World of Beauty Social Media Influencers, Ashley Luong

American Democratic Deficit in Assisted Reproductive Technology Innovation, Myrisha S. Lewis

A Necessary Negative: Analysis of the Tidewater Virginia Surry-Skiffes Creek Transmission Tower Litigation, Geoffrey Robert Grau

Anti-Federalist Procedure, A. Benjamin Spencer

Antitrust and the Information Age: Section 2 Monopolization Analyses in the New Economy, A. Benjamin Spencer

Arbitrary Arbiters: Evaluating the Right to Be Informed of Eligibility for Discretionary Relief in Removal Proceedings, Michael Jordan

Artificial Stupidity, Clark D. Asay

Associations and Cities as (Forbidden) Pure Private Attorneys General, Heather Elliott

A Vehicle for Applied Skills on Day 1, Alison Mikkor and Roger V. Skalbeck

Back to the Future: ABA Law School Accreditation in the 21st Century and America's First Law School's Battle to Survive in the 1970s, James S. Heller and Simon F. Zagata

Backward Design: A Handy Tool for Remote Teaching, Meredith Capps, Sarah Dunaway, Mariah Ford, Katie Hanschke, and Clanitra Stewart Nejdl

Blatantly Biased: Expanding Pena-Rodriguez to Cases of Bias Against Sexual Orientation, Religion, and Sex, Tressa Bussio

Building Virtual Rapport: Real Relationships for Effective Online Learning, Andrele St. Val

Changing the Rules of Discovery-- Podcast, A. Benjamin Spencer and Alexander R. Dahl

Changing the Rules on Access to Justice, Alan Morrison, Elizabeth Cabraser, Kahn Scolnick, A. Benjamin Spencer, and John Vail

Charting New Territories: Giving Effective Feedback in an Online Environment, Kathryn Nunez, Amy Levin, Jane Cross, Heather Baxter, Camille Lamar, and Aimee Dudovitz

Class Actions, Heightened Commonality, and Declining Access to Justice, A. Benjamin Spencer

Climate Change Science and the Daubert Standard, Fred K. Morrison, Craig Manson, and Matthew C. Wickersham

Concerning Catskill: Missed Opportunity, Broken Precedent and the Plight of American Waters, Chase Corey

Considerations of History and Purpose in Constitutional Borrowing, Robert L. Tsai

Constitutional Conflict and Sensitive Places, Darrell A. H. Miller

Constitutional Law -- Due Process Clause -- Third Circuit Holds that $50 Million Punitive Damages Award in Context of a $48 Million Compensatory Award is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer

Contracting Away the First Amendment?: When Courts Should Intervene in Nondisclosure Agreements, Abigail Stephens

Court Record in the Age of Artificial Intelligence, Fredric I. Lederer

Crisis? Whose Crisis?, Jack M. Beermann

Cryptocurrency Hard Forks and Revenue Ruling 2019-24, Eric D. Chason

Cubular Corridors: Merging Vertical Urbanism with Accessibility Initiatives, Michael N. Widener

Developing Asynchronous Content: Three Perspectives, Brian Larson, Allison Martin, and Aliza Milner

Developing Effective Visual Aids, Zachary Schmook

Digital Accessibility in the Hospitality and Tourism Industry: Legal and Ethical Considerations, Debra D. Burke, Kenneth J. Sanney, and Dan Clapper

Disaggregated Discrimination and the Rise of Identity Politics, George Rutherglen

Diving to New Depths: How Green Energy Markets Can Push Mining Companies Into the Deep Sea, and Why Nations Must Balance Mineral Exploitation with Marine Conservation, Catherine Danley

Doctrinal Dynamism, Borrowing, and the Relationship Between Rules and Rights, Joseph Blocher and Luke Morgan

Due Process and Punitive Damages: The Error of Federal Excessiveness Jurisprudence, A. Benjamin Spencer

Duties, Disclosure, and Discord: Necessity to Resolve Circuit Split and Certainty Leidos Could Have Clarified for Litigation Strategy and Risk Allocation, Damian P. Gallagher

Endrew's Impact on Twice-Exceptional Students, Catherine A. Bell

Evaluating the Effects of Fossil Fuel Supply Projects on Greenhouse Gas Emissions and Climate Change Under NEPA, Michael Burger and Jessica Wentz

Extrajudicial Statements and Prejudice in the Digital Age: Creating Factors to Preserve the Balance Between Attorney and State Interests in Trial Litigation, Emily R. O'Hara

Faculty Meeting Minutes (April 2020), William & Mary Law School Faculty

Faculty Meeting Minutes (February 2020), William & Mary Law School Faculty

Feeding the World: How Changes in Biotech Regulation Can Jump-Start the Second Green Revolution and Diversify the Agricultural Industry, John A. Erwin and Robert Glennon

Fire and Spotted Owls in Sierra Nevada National Forests: The Use of Science in Management Plan Revision, Gordon Steinhoff

First, We'll Neuter All the Judges, A. Benjamin Spencer

Four Responses to Constitutional Overlap, Michael Coenen

Free-Speech Formalism and Social Injustice, Stephen M. Feldman

From Distracted to Productive: Teaching Students How to Stay Motivated & Focused When Learning on Their Own, Reichi Lee

Functional Corporate Knowledge, Mihailis Diamantis

Gender-Stereotyping Theory, Freedom of Expression, and Identity, Carlos A. Ball

"Great Variety of Relevant Conditions, Political Social and Economic": the Constitutionality of Congressional Deadlines on Amendment Proposals Under Article V, Danaya C. Wright

Here There Be Dragons: The Likely Interaction of Judges with the Artificial Intelligence Ecosystem, Fredric I. Lederer

Hosting Online Moot Court Competitions, Jennifer Franklin, Erin Okuno, and Stephanie Rae Williams

In Conspicuous Terms-- Arbitration Agreements for the Modern Reasonable App User, Michelle Dunbar

Information Gathering or Speech Creation: How to Think About a First Amendment Right to Record, Jared Mullen

Innovating Federalism in the Life Sciences, Myrisha S. Lewis

Interactive Teaching in a Virtual Environment with Lexis Tools, Shelley Duncan

Introduction, Dania Matos

Introduction to Various Online Teaching Tools, Sue Altmeyer, Tiffany Johnson, Joy Kanwar, Abby Perdue, Kim D. Ricardo, and Sarah Starnes

Investigating Healthcare Fraud: Its Scope, Applicable Laws, and Regulations, Nicole Forbes Stowell, Carl Pacini, Nathan Wadlinger, Jaqueline M. Crain, and Martina Schmidt

Investigative Delegations: Predictable Predicaments, Nancy Amoury Combs

Iqbal and the Slide Toward Restrictive Procedure, A. Benjamin Spencer

Is the "Hire American" Executive Order a Suspect Classification?, Michael H. LeRoy

Judging "Under Fire" and the Retreat to Facts, Allison Orr Larsen

Judicial Credibility, Bert I. Huang

Jurisdiction and the Internet: Returning to Traditional Principles to Analyze Network-Mediated Contacts, A. Benjamin Spencer

Jurisdiction to Adjudicate: A Revised Analysis, A. Benjamin Spencer

Justices Make the Tough-- But Right-- Call in Cross-Border Shooting Case, A. Benjamin Spencer

Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy the Inequities Which Developed from Kidnapping's Sensationalized and Racialized History, Samuel P. Newton

Kill Cammer: Securities Litigation Without Junk Science, J. B. Heaton

Legal Literature Review of Social Entrepreneurship and Impact Investing (2007-2017): Doing Good by Doing Business, Deborah Burand and Anne Tucker

Legislators on Executive-Branch Boards are Unconstitutional, Period, Douglas Laycock

Let's Make a (Virtual) Deal: Leveraging Technology to Teach Transactional Drafting Online, Adam Eckart

"Liberty Requires Accountability": The Appointments Clause, Lucia v. SEC, and the Next Constitutional Controversy, Michael A. Sabino

Live Conferencing Online, Katrina Lee and Michelle Zakarin

Modernizing the Bank Charter, David Zaring

Nationwide Personal Jurisdiction for our Federal Courts, A. Benjamin Spencer

No-Fault Digital Platform Monopolization, Marina Lao

Nonexcludable Surgical Method Patents, Jonas Anderson

Non-Transparent PBM Cash Flows: Balancing Market Forces Under a Reluctant Legislative Regime, John McGuinness

Not Gill-ty: Challenging and Providing a Workable Alternative to the Supreme Court's Gerrymandering Standing Analysis in Gill v. Whitford, Colin Neal

Now That You’re Teaching Online, You Might as Well Teach Online Internationally, Mark Wojcik

Of Moral Outrage in Judicial Opinions, Duane Rudolph

Online Peer Review, Kirsten K. Davis, Brian Larsen, and Jennifer Sheppard

Online Self-Grading Assessments for Legal Research and Writing Courses, Eric P. Voigt

Online Student Group Work, Afton Cavanaugh, Michael Gentithes, Sarah Starnes, and Lynn Su

Out of Sight, But Not Out of Mind: Reevaluating the Role of Federalism in Adequately Regulating Concentrated Animal Feeding Operations, Madhavi Kulkarni

Out of the Quandary: Personal Jurisdiction Over Absent Class Member Claims Explained, A. Benjamin Spencer

Oyez, Oy Vey: Remote Oral Arguments Pitfalls and Opportunities, Rose Carmen Goldberg, Theresa Wall-Cyb, Robert Kane, and Peter Chang

Packing and Unpacking State Courts, Marin K. Levy

Pay Now, Play Later?: Youth and Adolescent Collision Sports, Vivian E. Hamilton

Plausibility Pleading, A. Benjamin Spencer

Pleading and Access to Civil Justice: A Response to Twiqbal Apologists, A. Benjamin Spencer

Pleading Civil Rights Claims in the Post-Conley Era, A. Benjamin Spencer

Pleading Conditions of the Mind Under Rule 9(b): Repairing the Damage Wrought by Iqbal, A. Benjamin Spencer

Pleading in State Courts After Twombly and Iqbal, A. Benjamin Spencer

Policing Diversity: Lessons from Lambeth, A. Benjamin Spencer and Michael Hough

Political and Non-Political Speech and Guns, Gregory P. Magarian

Privacy or the Polls: Public Voter Registration Laws as a Modern Form of Vote Denial, Audrey Paige Sauer

Promoting Student Engagement In - and Out - of the Online Classroom, Julie A. Baker and Christine E. Rollins

Property Beyond Exclusion, Lee Anne Fennell

Property's Problem with Extremes, Lynda L. Butler

Protecting the Role of the Press During Times of Crisis, Mary-Rose Papandrea

Protecting the States from Electoral Invasions, Drew Marvel

Rationalizing Cost Allocation in Civil Discovery, A. Benjamin Spencer

Redistricting Amendment Is Progress for Virginia, Rebecca Green

Reintegration of Female Rape Survivors: The Overlooked Priority of Transitional Justice in the Face of Mass Wartime Rape, Layla Abi-Falah

Remotely Interested? Fostering Connection in the Virtual Classroom, Olympia Duhart, Rosario Lozada, D'Andra Millsap Shu, and Katherine Vudakin

Restructuring a Legal Research Course, Katie Siler, Kevin Rothenberg, and Grace Lo

Safeguarding Fair Use Through First Amendment's Asymmetric Constitutional Fact Review, Amanda Reid

Saving the Marketplace from Market Failure: Reorienting Marketplace Theory in the Era of AI Communicators, Jared Schroeder

Section on the Education of Lawyers Remains Committed to Improving Legal Training, A. Benjamin Spencer

Securities Exchange Act Section 4E(A): Toothless "Internal-Timing Directive" or Statute of Limitation?, Richard E. Brodsky

Sex-Segregation, Economic Opportunity, and Roberts v. U.S. Jaycees, Elizabeth Sepper

Special Podcast Series: Wright & Miller’s Federal Practice & Procedure Marks 50 Years of Publication – episode 3: The Evolution & Future of Personal Jurisdiction & Pleadings, A. Benjamin Spencer, Adam Steinman, and Arthur Miller

Spencer: Chief Justice John Roberts and the Loss of Access to Justice, A. Benjamin Spencer

State Constitutionalism in the Age of Party Polarization, Neal Devins

Steps Toward Abolishing Capital Punishment: Incrementalism in the American Death Penalty, Melanie Kalmanson

Stress Busters for Online Teaching, Ann Nowak

Stripped: Speech, Sex, Race, and Secondary Effects, Lisa Crooms-Robinson

Student Wellness and Mental Wellbeing, Emily Bishop and Stevie Leahy

Substance, Procedure, and the Rules Enabling Act, A. Benjamin Spencer

Summary Dispositions as Precedent, Richard C. Chen

Supporting and Promoting Scholarly Life in Turbulent Times, A. Benjamin Spencer

Symposium: Liquidating Elector Discretion, Rebecca Green

Table of Contents and Masthead (v. 28, no. 1)

Table of Contents and Masthead v. 44, no. 1

Table of Contents v.11, no.1

Table of Contents (v. 11, no. 2)

Table of Contents v. 26, no. 1

Table of Contents v.26, no.2

Table of Contents v. 28, no. 2

Table of Contents v.28, no. 3

Table of Contents v. 44, no. 2

Table of Contents (v. 61, no. 2)

Table of Contents (v. 61, no. 3)

Table of Contents (v. 61, no. 4)

Table of Contents (v. 61, no. 5)

Teaching Transactional Research, Stephanie Weigmann and Brian Flaherty

Teaching With Compassion and Rigor, Christine E. Rollins

Telemedicine and Malpractice: Creating Uniformity at the National Level, Tyler D. Wolf

Temple, Talmud, and Sacrament: Some Christian Thoughts on Halakhah, Nathan B. Oman

Terminating Calder: "Effects" Based Jurisdiction in the Ninth Circuit After Schwarzenegger v. Fred Martin Motor Co., A. Benjamin Spencer

The Bad News of Good News Club: Obliterating the Wall Between Church & State, Kevin W. Connell

The Best and Worst of Contracts Decisions: An Anthology, Nathan B. Oman, Daniel Barnhizer, Scott J. Burnham, Charles R. Calleros, Larry T. Garvin, Nadelle Grossman, F. E. Guerra-Pujol, Jeffrey L. Harrison, Hila Keren, Michael P. Malloy, Daniel P. O'Gorman, Deborah Post, Val Ricks, Rachel Arnow-Richman, Richard R. Carlson, Mark P. Gergen, Kenney Hegland, Nancy S. Kim, Jean Fleming Powers, and Cheryl B. Preston

The Blind Leading the Deaf: An Investigation of the Inconsistent Accommodations the Justice System Provides to People Who Are Deaf, Elizabeth Pindilli

The Conscience of the Baker: Religion and Compelled Speech, Ashutosh Bhagwat

The Constitutional Case for "Red Flag" Laws, Timothy Zick

The Convention for the Safeguarding of the Intangible Cultural Heritage (CSICH) and the Control of Indigenous Culture: A Critical Comment on Power and Indigenous Rights, Jonathan Liljeblad

The Cost of Secrecy Isn't Worth It for the LDS Church, Nathan B. Oman

The Court Should Not Let Politically Divided Times Affects Its Choices and Decisions, Erwin Chemerinsky

The Deficiencies of the European Union's Regulatory System Governing the Classification of Endocrine Disrupting Chemicals, Elissa Sanford

The Deliberative-Privacy Principle: Abortion, Free Speech, and Religious Freedom, B. Jessie Hill

The Effects of Rejecting Mind-Body Dualism on U.S. Law, Matthew W. Lawrence

The Epistemic Function of Fusing Equal Protection and Due Process, Deborah Hellman

The Erie Doctrine: A Flowchart, Michael S. Green

The Forgotten Relatives in the Fight Against Family Separation: A Constitutional Analysis of the Statutory Definition of Unaccompanied Minors in Immigration Detention, Alysa Williams

The Forms Had a Function: Rule 84 and the Appendix of Forms as Guardians of the Liberal Ethos in Civil Procedure, A. Benjamin Spencer

The IARC Monographs Program and the Federal Advisory Committee Act--Never the Twain Shall Meet?, David B. Fischer

"The Importance of Civil Procedure for Access to Justice," with Professor A. Benjamin Spencer, A. Benjamin Spencer

The Integrity of Marriage, Kaiponanea T. Matsumura

The Judicial Power and the Inferior Federal Courts: Exploring the Constitutional Vesting Thesis, A. Benjamin Spencer

The Judicial Reforms of 1937, Barry Cushman

The Law School Critique in Historical Perspective, A. Benjamin Spencer

The Life of a Case (2018), A. Benjamin Spencer

The Podcast Trifecta: Student Engagement, Blend of Asynchronous and Synchronous, and Skill Transfer, Katherine Silver Kelly

The Politics of Cost-Benefit Analysis: A Risky Bet for Environmental Law and Policy in Brazil, Julio Borges

The Preservation Obligation: Regulating and Sanctioning Pre-Litigation Spoliation in Federal Court, A. Benjamin Spencer

The Redistricting Amendment Will Strengthen Democracy in Virginia, Alex Keena, Michael D. Gilbert, and Rebecca Green

The Restrictive Ethos in Civil Procedure, A. Benjamin Spencer

The Territorial Reach of Federal Courts, A. Benjamin Spencer

The Website Accommodations Test: Applying the Americans with Disabilities Act to Websites, Ashley Cheff

Thinking Outside the Screen: Enhancing Video Based Classes With "Actors", Sonia Bychkov Green

Three Questions About "Stand Your Ground" Laws, Cynthia V. Ward

Time to Prune the Flora--Procedural Due Process, the Full Payment Rule and Assessable Penalties: Larson v. United States, Frank G. Colella

Tips for Making Online Content Accessible, Aysha S. Ames

To the Law School Community, Davison M. Douglas

Towards a Transnational Critical Race Theory in Education: Proposing Critical Race Third World Approaches to Education Policy, Steven L. Nelson

Trauma-Informed Advocacy: Learning to Empathize with Unspeakable Horrors, Susan Ayres

Two Popular Democracies' "Energy Independence" Initiatives Through the Lenses of Constitutionalism, Environmentalism, and Judicial Activism Oeuvres--A Comparative Study of the Trump and Modi Administrations, Vidhya V. Iyer

Understanding Pleading Doctrine, A. Benjamin Spencer

Understanding the Department of Defense's Policy Regarding Transgender Servicemembers, A. Benjamin Spencer

Understanding the Spirit of the Constitution on Corruption: Emoluments, Impeachment, and the Primacy of Political Virtue, Lea Mano

University Inventions Reconsidered: Debunking the Myth of University Ownership, Patricia E. Campbell

Using Psychological Principles to Deliver an Online Lecture Effectively, Diedre M. Bowen

Using Supreme Court Briefs to Teach Oral Advocacy and Social Justice in your Online Legal Writing Course, Stevie Leahy

Using the App Notability, an iPad, and an Apple Pencil to Grade Student Papers Effectively, Amy R. Stein

Wealth, Equal Protection, and Due Process, Brandon L. Garrett

We Are All Growing Old Together: Making Sense of America's Monument-Protection Laws, Zachary Bray

Western Reconstruction and Woman Suffrage, Lorianne Updike Toler

What We've Got Here Is a Failure to Indicate, Laura A. Heymann

When (and Why) the Levee Breaks: a Suggested Causation Framework for Takings Claims that Arise from Government-Induced Flooding, Charles D. Wallace

When Improper Disposal Leads to More Than Hospital Visits: The Need for a National Standard for Used Medical Sharps, Albana Zherka

"When the Enemy Drew Our Attention": Reconsidering Prior Restraint in the Context of Dual Use Research of Concern, Caine Caverly

"When the President Does It": Why Congress Should Take the Lead in Investigations of Executive Wrongdoing, Andrew B. Pardue

Who Owns (What We Characterize as) the News?, Laura A. Heymann

Who Tells Your Story: The Legality of and Shift in Racial Preferences Within Casting Practices, Nicole Ligon

William & Mary Law School Clinic News (Spring), William & Mary Law School

Zoom Happy Hours, Jessica Lefort