Content Posted in 2020
2020-2021 Supreme Court Preview: Biographies of 2020 Supreme Court Preview Panelists, Institute of Bill of Rights Law at The College of William & Mary Law School
2020-2021 Supreme Court Preview: Notebook Cover Page, Allison Orr Larsen, Neal Devins, Rebecca Green, and Institute of Bill of Rights Law at The College of William & Mary Law School
2020-2021 Supreme Court Preview: Schedule of Events, Institute of Bill of Rights Law at The College of William & Mary Law School
A. Benjamin Spencer (2020-present), A. Benjamin Spencer
A. Benjamin Spencer: What To Expect From Me As Dean, A. Benjamin Spencer
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
Advising Partners and Partnerships Under the New Centralized Partnership Audit Rules: The Need to Amend Partnership and LLC Operating Agreements (PowerPoint), Jerald D. August
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
After Forty Years of Antitrust Revision and Apple Inc. v. Pepper, What Now Illinois Brick?, Jeffrey L. Harrison
A Legal Perspective on the Trials and Tribulations of AI: How Artificial Intelligence, the Internet of Things, Smart Contracts, and Other Technologies Will Affect the Law, Iria Giuffrida, Fredric Lederer, and Nicolas Vermeys
All the President's Election Lawsuits, Brian Lehrer and Rebecca Green
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
Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text and What Counts as a Fourth Amendment “Seizure”, Jeffrey Bellin
Artificial Stupidity, Clark D. Asay
As She Lies in State, a Tribute to Justice Ginsburg, Katherine Mims Crocker
Associations and Cities as (Forbidden) Pure Private Attorneys General, Heather Elliott
A University in 1693: New Light on William & Mary's Claim to the Title "Oldest University in the United States", Thomas J. McSweeney, Katharine Ello, and Elsbeth O'Brien
Authorship, Attribution, and Audience, Laura A. Heymann
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
Before Disaster Strikes: Preparing America to be Disaster Resilient, Cole Hoyt
Black Flags Behind Bars: Doe v. Mattis and Why the 2001 AUMF Does Not Justify the Detention of U.S.-Citizen Islamic State Fighters, John A. Gurtunca
Blatantly Biased: Expanding Pena-Rodriguez to Cases of Bias Against Sexual Orientation, Religion, and Sex, Tressa Bussio
Book Review: International Law Stories, Frederick W. Dingledy
Book Review of Constitutional Personae, Michael N. Umberger
Building Virtual Rapport: Real Relationships for Effective Online Learning, Andrele St. Val
Burstein, Rajec & Sawicki on Writing an Open-Access Patent Law Casebook, Brian L. Frye, Sarah Burstein, Sarah R. Wasserman Rajec, and Andres Sawicki
"Buy One Get One Free": How Reindictment Policies Permit Excessive Searches, Katie Carroll
Candidate Privacy, Rebecca Green
Case Preview: When Is a Fleeing Suspect “Seized”?, Jeffrey Bellin
Challenging Congress's Single-Member District Mandate for U.S. House Elections on Political Association Grounds, Austin Plier
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
Choice of Entity After Tax Reform – The New Normal (Outline), N. Pendleton Rogers
Class Actions, Heightened Commonality, and Declining Access to Justice, A. Benjamin Spencer
Class of 2020 Slideshow (May 2020)
Climate Change Science and the Daubert Standard, Fred K. Morrison, Craig Manson, and Matthew C. Wickersham
Comments on McGahn "A Brief History of Judicial Appointments From the Last 50 Years Through the Trump Administration", Russell Wheeler
Community-Driven Climate Solutions: How Public-Private Partnerships with Land Trusts Can Advance Climate Action, Jessica Grannis
Concerning Catskill: Missed Opportunity, Broken Precedent and the Plight of American Waters, Chase Corey
Consent in Marriage: A Radical Feminist Analysis of Pakistani Law, Iqra Saleem Khan
Considerations of History and Purpose in Constitutional Borrowing, Robert L. Tsai
Conspiracy Liability and the FCPA: The Second Circuit's Rare Interpretation of the FCPA in United States v. Hoskins and Its Potential Implications, Morgan R. Knudtsen
Constitutional Conflict and Sensitive Places, Darrell A. H. Miller
Constitutional Law, Protests, and Dissent with Timothy Zick, Jamie Miller and Timothy Zick
Contracting Away the First Amendment?: When Courts Should Intervene in Nondisclosure Agreements, Abigail Stephens
Contractual Tax Reform, Michael Abramowicz and Andrew Blair-Stanek
Corporal Punishment, Social Norms, and Norm Cascades: Examining Cross-National Laws and Trends in Homes Across the Globe, Melissa L. Breger, Lucy Sorensen, Victor Asal, and Charmaine N. Willis
Court Record in the Age of Artificial Intelligence, Fredric I. Lederer
Courtroom Technology, Fredric I. Lederer, Tom O'Connor, and Timothy A. Piganelli
Courts, Culture, and the Lethal Injection Stalemate, Eric Berger
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
Cutting Pension Rights for Public Workers: Don't Look to the Courts for Help, Ronald H. Rosenberg
Delaware Law as Lingua Franca: Theory and Evidence, Brian Broughman, Jesse M. Fried, and Darian Ibrahim
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
Dissent, Disagreement and Doctrinal Disarray: Free Expression and the Roberts Court in 2020, Clay Calvert
Distracted Guardians Yield Deadly Results: When Memory Fails, Additional Regulations Can Protect Childen and Animals from Vehicular Heat-Stroke, Shannon Murphy
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
Dynasty, Christian Turner, Joe Miller, and Eric Kades
Endrew's Impact on Twice-Exceptional Students, Catherine A. Bell
Enhancing Courtroom Presentation Through Technology, Fredric I. Lederer
Environmental Federalism as Forum Shopping, Cale Jaffe
Eric Kades on Inequality & the Rule Against Perpetuities, Luce Nguyen and Eric Kades
Evaluating the Effects of Fossil Fuel Supply Projects on Greenhouse Gas Emissions and Climate Change Under NEPA, Michael Burger and Jessica Wentz
Ex Cathedra 4: Jeffrey Bellin on Legal Scholarship and Teaching, David A. Simon and Jeffrey Bellin
Faculty Meeting Minutes (April 2020), William & Mary Law School Faculty
Faculty Meeting Minutes (December 2019), William & Mary Law School Faculty
Faculty Meeting Minutes (February 2020), William & Mary Law School Faculty
Faculty Meeting Minutes (January 2020), William & Mary Law School Faculty
Faculty Meeting Minutes (November 2019), William & Mary Law School Faculty
Faculty Meeting Minutes (September 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 Amendment Lochnerism & the Origins of the Incorporation Doctrine, James Y. Stern
First, We'll Neuter All the Judges, A. Benjamin Spencer
Flexibly Fluid & Immutably Innate: Perception, Identity, and the Role of Choice in Race, Emily Lamm
Forcing Counties to Rethink Their Reliance on Incarceration, Alana Sivin and Adam M. Gershowitz
Fostering States as Laboratories, Myrisha S. Lewis
Four Responses to Constitutional Overlap, Michael Coenen
Free-Speech Formalism and Social Injustice, Stephen M. Feldman
Free Speech Idealism, Timothy Zick
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
Genetic Duties, Jessica L. Roberts and Alexandra L. Foulkes
Granted Cases, Institute of Bill of Rights Law at The College of William & Mary Law School
"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
High-Tech Trial Lawyers and the Court: Responsibilities, Problems, and Opportunities, Fredric I. Lederer
History of Black Americans & Restorative Practices (August 10, 2020), Jody Allen, Monika Gosin, and Ravynn Stringfield
Hosting Online Moot Court Competitions, Jennifer Franklin, Erin Okuno, and Stephanie Rae Williams
How to Challenge White Supremacy & Be More Than an Ally (August 6, 2020), Shené Owens, Laura Shepherd, Laura A. Heymann, and Tolu Olaniyan
How to Make Change Even If You Can't Protest (July 20, 2020), Anthony Joseph, Nicholas Agyevi-Armah, Madeline Williams, and Loni Wright
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
Institutionalizing Resilience in U.S. Universities: Prospects, Opportunities, and Models, Morris Foster, James O'Donnell, Mark Luckenbach, Elizabeth Andrews, Emily Steinhilber, John Wells, and Mark Davis
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
James Stern on the Myth of Nonrivalry, Brian L. Frye and James Y. Stern
Janus and the Future of Collective Bargaining: Rhetorically Predicting a First Amendment Right to Negotiation, Thomas J. Freeman, Aaron McKain, and Destynie J.L. Sewell
Janus-Faced Judging: How the Supreme Court is Radically Weakening Stare Decisis, Michael Gentithes
Jeffrey Bellin on Fourth Amendment Textualism, Luce Nguyen and Jeffrey Bellin
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
Kaestner Fails: The Way Forward, Mitchell M. Gans
Keeping AI Under Observation: Anticipated Impacts on Physicians' Standard of Care, Iria Giuffrida and Taylor Treece
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
Knowing How to Know: Secondary Liability for Speech in Copyright Law, Laura A. Heymann
Legal Genres, Thomas J. McSweeney
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
Liability for AI Decision-Making: Some Legal and Ethical Considerations, Iria Giuffrida
"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
Looking Beyond Batson: A Different Method of Combating Bias Against Queer Jurors, Anna L. Tayman
Maintaining Mental Health in a Social Movement (August 3, 2020), Carina Sudarsky-Gleiser, Kelly Crace, Ke House, and Ndome Essoka
Marginal Benefits of the Core Securities Laws, Kevin S. Haeberle
McSwain-Walker Lecture: How Disability Drives Innovation: an Intersectional and Global Perspective, Haben Girma
Meet Dean A. Benjamin Spencer, A. Benjamin Spencer
Meet William & Mary's New Deans, Claire de Lisle
Modernizing the Bank Charter, David Zaring
Mod Money, Mod Problems: A Critique of Copyright Restrictions on Video Game Modifications and an Evaluation of Associated Monetization Regimes, Carl "Ott" Lindstrom
Monday Morning Politics: The Electors Vote, Brian Lehrer, Rebecca Green, and Anita Kumar
Moot Court, Institute of Bill of Rights Law at The College of William & Mary Law School
Nationwide Personal Jurisdiction for our Federal Courts, A. Benjamin Spencer
New Rules of the Road for Interest and Depreciation Deductions and Like-Kind Exchanges After Tax Reform (PowerPoint), Robert D. Schachat
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
Now That You’re Teaching Online, You Might as Well Teach Online Internationally, Mark Wojcik
Of Moral Outrage in Judicial Opinions, Duane Rudolph
On Griswold and Women's Equality, Vivian E. Hamilton
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
Paying for the Privilege of Punishment: Reinterpreting Excessive Fines Clause Doctrine to Allow State Prisoners to Seek Relief from Pay-to-Stay Fees, Kristen M. Haight
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
Police Reform v. Defunding the Police (July 13, 2020), Roy L. Austin, Adam Gershowitz, and Yasmine Palmer
Policing Diversity: Lessons from Lambeth, A. Benjamin Spencer and Michael Hough
Political and Non-Political Speech and Guns, Gregory P. Magarian
Preserving an Independent Judiciary in Turbulent Times, Kathleen M. O'Malley
Preventing Parkland: A Workable Fourth Amendment Standard for Searching Juveniles' Smartphones Amid School Threats in a Post-Parkland World, Andrew Mueller
Priests of the Law, Al Zambone and Thomas J. McSweeney
Privacy or the Polls: Public Voter Registration Laws as a Modern Form of Vote Denial, Audrey Paige Sauer
Private Schools' Role and Rights in Setting Vaccination Policy: A Constitutional and Statutory Puzzle, Hillel Y. Levin
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
Puerto Rico Post-Hurricane Maria: Reconstruction and the Pathway to Self-Determination, Ameya A. Lele
Putting the People into Legal History, Thomas J. McSweeney
Racial Justice Protests & Protestor Rights (July 15, 2020), Timothy Zick and Mikaela Phillips
Racial Justice & Social Reform Speaker Series (Program), William & Mary Law School Student Bar Association, William & Mary Student Assembly, and Office of the William & Mary Provost
Rationalizing Cost Allocation in Civil Discovery, A. Benjamin Spencer
Recent Developments in Virginia Taxation, Craig D. Bell
Reconsidering Recusals: The Need for Requirements for When Not to Recuse, Mason E. Lowe
Redistricting Amendment Is Progress for Virginia, Rebecca Green
Reflections on Rural Resilience: As the Climate Changes, Will Rural Areas Become the Urban Backyard?, Elizabeth Andrews and Jesse Reiblich
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
Researching and Keeping up to Date with Real Estate Law in Virginia, Frederick W. Dingledy
Restructuring a Legal Research Course, Katie Siler, Kevin Rothenberg, and Grace Lo
Revisiting Individual Rights and Personal Responsibilities Amid COVID-19, Christie Warren
Safeguarding Fair Use Through First Amendment's Asymmetric Constitutional Fact Review, Amanda Reid
Sarah Wasserman Rajec on the Property Law Misfit in Patent Law, Saurabh Vishnubhakat and Sarah R. Wasserman Rajec
Saving the Marketplace from Market Failure: Reorienting Marketplace Theory in the Era of AI Communicators, Jared Schroeder
Secondary Meaning and Religion: An Analysis of Religious Symbols in the Courts, Eric D. Yordy and Elizabeth Brown
Second Guessing Double Jeopardy: The Stare Decisis Factors as Proxy Tools for Original Correctness, Justin W. Aimonetti
Section 1983 & Qualified Immunity: Qualifying the Death of Due Process and America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura
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
Solving the First Mile/ Last Mile Problem: Electric Scooter and Dockless Bicycles are Positioned to Provide Relief to Commuters Struggling with a Daily Commute, Kelly Grosshuesch
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
Surveying the Field: The Role of Surveys in Trademark Litigation, Laura A. Heymann
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 and Masthead (v. 62, no. 1)
Table of Contents (v. 11, no. 2)
Table of Contents v. 11, no. 3
Table of Contents v. 26, no. 1
Table of Contents v. 26, no. 3
Table of Contents v. 28, no. 2
Table of Contents (v. 28, no. 4)
Table of Contents (v. 44, no. 2)
Table of Contents (v. 44, no. 3)
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)
Table of Contents (v. 61, no. 6)
Tasing the Constitution: Conducted Electrical Weapons, Other Forceful Arrest Means, and the Validity of Subsequent Constitutional Rights Waivers, Andreas Kuersten
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 Case Against Prosecuting Refugees, Evan J. Criddle
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 Day After Tomorrow, Katherine Rowe and A. Benjamin Spencer
The Death of Non-Resident Contribution Limit Bans and the Birth of the New Small, Swing State, George J. Somi
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 Evidence Rules That Convict the Innocent, G. Alexander Nunn and Jeffrey Bellin
The First Amendment and the Roots of LGBT Rights Law: Censorship in the Early Homophile Era, 1958-1962, Jason M. Shepard
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 Future, Anna Kashmanian, Elizabeth Armistead Andrews, Ashley Spivey, and Troy Tuckey
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 Importance of Transparent Elections, Rebecca Green
The Integrity of Marriage, Kaiponanea T. Matsumura
The Internal Morality of International Law, Evan Fox-Decent and Evan J. Criddle
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 Legality and Practicality of Remote Witness Testimony, Fredric Lederer
The Life of a Case (2018), A. Benjamin Spencer
The Meaning of McDonald's [(R)], Laura A. Heymann
Theories of Prosecution, Jeffrey Bellin
The Overly Familiar Treatise, Thomas J. McSweeney
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 Silence Penalty, Edward K. Cheng and Jeffrey Bellin
The Supreme Court and the 2020 Election: What Challenges are likely and what will be the Supreme Court's Role in Deciding them?, Institute of Bill of Rights Law at The College of William & Mary Law School
The Territorial Reach of Federal Courts, A. Benjamin Spencer
The Unified Field Solution to the Battle of the Forms Under the U.N. Sales Convention, Michael P. Van Alstine
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
Third-Party Interests and the Property Law Misfit in Patent Law, Sarah Rajec
Thomas McSweeney on the Professionalization of the Common Law, Brian L. Frye and Thomas J. McSweeney
Those Who Can Vote Are Duty-Bound to Do So, A. Benjamin Spencer
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
Together and Apart in an Online Classroom, Laura A. Heymann
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
Trademark as Promise, Laura A. Heymann
Transparency and the Shadow Docket, Institute of Bill of Rights Law at The College of William & Mary Law School
Transracial Adoptions in America: An Analysis of the Role of Racial Identity Among Black Adoptees and the Benefits of Reconceptualizing Success Within Adoptions, Jessica M. Hadley
Trauma-Informed Advocacy: Learning to Empathize with Unspeakable Horrors, Susan Ayres
Two Models for Amending the 'Fleeing Felon' Rule, Cynthia V. Ward
Understanding Pleading Doctrine, A. Benjamin Spencer
Understanding the Department of Defense's Policy Regarding Transgender Servicemembers, A. Benjamin Spencer
Underwriting Crowdfunding, Darian M. Ibrahim
United States Patent and Trademark Office v. Booking.com B.V.: How Do We Know When Something Is a Name?, Laura A. Heymann
University Inventions Reconsidered: Debunking the Myth of University Ownership, Patricia E. Campbell
Updating the Liability Regime in Outer Space: Why Spacefaring Companies Should Be Internationally Liable For Their Space Objects, Alexander P. Reinert
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 ABC Test to Classify Workers: End of the Platform-Based Business Model or Status Quo Ante?, Robert Sprague
Using the App Notability, an iPad, and an Apple Pencil to Grade Student Papers Effectively, Amy R. Stein
Virtual Briefing at the Supreme Court, Jeffrey L. Fisher and Allison Orr Larsen
Voting Rights in the Age of COVID-19 (July 23, 2020), Rebecca Green, Allen Coon, Liz Depatie, Max Weiss, and Kira Simon
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
We Must Restore Americans' Faith in Our Federal Bench, A. Benjamin Spencer
Were Justices Lawyers?, Thomas J. McSweeney
Western Reconstruction and Woman Suffrage, Lorianne Updike Toler
What is Qualified Immunity? (July 16, 2020), John Adrian Gibney Jr., Vic Glasberg, Stephanie Morales, and Mikaela Phillips
What is the Future of the Supreme Court? Potential Reforms, Their Likelihood, and Their Implications, Institute of Bill of Rights Law at The College of William & Mary Law School
What to Know About Poll Watchers on Election Day, Rob Ferrett, Dean Knetter, and Rebecca Green
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 Are You an Investor versus a Dealer in Real Property? (PowerPoint), James B. Sowell and Stephen J. Giordano
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 Are the "We"?, Thomas J. McSweeney
Who is the Real John Roberts? Predicting the Surprises of the Fall Term, Institute of Bill of Rights Law at The College of William & Mary Law School
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
William & Mary Law School Virtual Commencement (May 16, 2020), Davison M. Douglas, Thomas J. McSweeney, Rebecca Jaeger, Gordon Jiang, Darian M. Ibrahim, Aaron-Andrew P. Bruhl, Preet Bharara, and Anne Bomar
Will There Be Mini Bush v. Gore Suits Post-Election?, June Grasso and Rebecca Green
Wired: What We've Learned About Courtroom Technology, Fredric I. Lederer
Women's Quotas: Making the Case for Codifying Syrian Women's Political Participation, Jomana Qaddour
Workplace Wellness Programs: Empirical Doubt, Legal Ambiguity, and Conceptual Confusion, Camila Strassle and Benjamin E. Berkman
Yearning for an Independent Federal Judiciary, A. Benjamin Spencer
Zoom Happy Hours, Jessica Lefort