Content Posted in 2026
2025 News Stories, William & Mary Law School
Abuse of Contract: A Proposal for a New Cause of Action, Miriam A. Cherry
Administering Election Disputes, Rebecca Green
After Grants Pass: The Case for Recentering the Criminal Legal System and Its Constitutional Constraints, Scout Katovich
A Green Supply Chain or a Greenwashed Ad Campaign? Supply Chains, Environmental Marketing, and the Energy Transition, Meredith A. Wegener
Aligning Reparations and Taxation, Katherine Pratt
"America's Paradise": The Enduring Costs of Imperialism and Colonial Rule--a Case Study of the U.S. Virgin Islands, Diamond C. Ash
Animus, Again, William D. Araiza
Article III's Constraints on the Legislative Power, Elizabeth Earle Beske
Artificial Intelligence and the Law: A Discussion and Selections from the Collection, Wolf Law Library, William & Mary Law School
Border Decriminalization as a State Project: Lessons from Marijuana and Assisted Suicide Legalization Across the United States, Victor C. Romero
Casebooks, Canons, and Constitutional Memory, Jack M. Balkin and Sanford Levinson
Changing Duress: Giving Heirs of Holocaust Victims an Easier Path to Recover Their Predecessors' Property, Jonathan M. Woolston
Child Support Factory: Racist History, Harm, and Unconstitutionality of the Child Support System's Contractual Operations, Daniel L. Hatcher
Confronting Imitation: Questioning Fair Use After Warhol, Genevieve Stegner-Freitag
Constitutional Structure and Election Law, Manoj Mate
Coping with a Court One Disagrees with, Randy E. Barnett and Josh Blackman
Core Skills & "Cool Tools" from the Third Generation of FCIL Librarians, Meredith Capps, Clement Lin, Devan Orr, Alison A. Shea, Loren Turner, and Latia Ward
Countering the Criminalization of Solidarity: An Analysis of Legal Frameworks Proposed to Protect Humanitarian Aid for Migrants and Asylum Seekers, Katherine E. Smart
Courtmaker: John Marshall and the Forging of America's Supreme Court, Allison Orr Larsen
Dad on Duty: The Potential of Paid Parental Leave Laws, Laura E. Bates
Developer Perspectives on Licensing and Copyright Issues Arising from Generative AI for Software Development, Trevor Stalnaker, Nathan Wintersgill, Oscar Chaparro, Laura A. Heymann, Massimiliano Di Penta, Daniel M. German, and Denys Poshyvanyk
Does Article I of the Constitution Prohibit the States from Creating Their Own Cryptocurrencies?, Kevin Fontenot
Does Intellectual Property Restrict Competition?
Grants Pass and the Innocence Limit, Gregory Cui and Emily Clark
Skrmetti and the Problem of Incidental Intent, Martin Katz
Environmental Bankers: States Are Billing Fossil Fuel Companies for Extreme Weather Disasters, Kelly A. Adam
Environmental Insurance and ESG: A Mismatch or an Unlikely Pair?, Mycah Kindle
Expanding the Foreign National Prohibition to Combat Russian Interference in U.S. Elections, Hailey Arnett
Faculty Meeting Minutes (March 2026), William & Mary Law School Faculty
Faculty Meeting Minutes (October 2025), William & Mary Law School Faculty
Faculty Meeting Minutes (September 2025), William & Mary Law School Faculty
Federal Extreme Risk Protection Orders: A Potential Pathway to Preventing Mass Shootings, Lilly H. Donahue
Foreword: Casebooks and the Choices That Shape Constitutional Law, Sanford Levinson and Caroline Olsen
Free Speech Trapped in Amber: The Rise of the 'History and Tradition' Test, from Unregulated Guns to Highly Regulated Speech, Matthew D. Bunker and Emily Erickson
From Advocacy to Inaction: Paradoxes of the United States and the Convention on the Rights of Persons with Disabilities, Elizabeth W. Raymakers
From Amateurism to Open Markets: The NCAA's Reckoning with Antitrust Lawsuits, Jesse Giffin
From Property to Personhood: Reimagining Nature's Place in the Legal Order, Lan Cao
Generational Impact: How U.S. Government Generative A.I. Use Reinvigorates Copyright-Based Takings Concerns, Sophia Tully
Getting There from Here: Reflecting on Compassionate Migration Policy, Steven W. Bender
Guide to: Ellenson Collection, Wolf Law Library Archives
He Has 9 Kids, a Dean's Office & Zero Imposter Syndrome, A. Benjamin Spencer, Brian J. Smalls, and Dontae' Bugg
How and Why Hundreds of Preventable Deaths Continue to Occur Behind America's Prison Walls and Jail Cells, Melody Monssen
Inequality as Market Failure, Erick J. Sam
Intellectual Integrity, Collaboration, and the Market, Mark Tushnet
Is History Precedent?, Allison Orr Larsen
Is it Credit?, Jim Hawkins
Judge Platt Potter: Politics and Principle in Interbranch Conflict, Aaron-Andrew P. Bruhl
Justice in Colorado: Achieving Animal Plaintiffhood Through the State's Common Law, Mason Liddell
Keynote: Going Forward After Grants Pass, Joseph W. Mead
Less Fisher More Doe: Non-Testimonial Mental Content and a New Rule for Unlocking Digital Devices, Jordan Wallace-Wolf
Let's Bee Pragmatic: The Economic Case for Neonicotinoid Regulation in Conservative States, Annie Rosenstein
Mandatory Cooperation Under International Law, Evan J. Criddle and Evan Fox-Decent
Medical Device Dangers: Choosing Ignorance in the Courts and at the FDA, George Horvath
Mutual Fund Fees, Stewart L. Brown
Not Just a Castle in the Sky: A Legal Remedy for Race-Based Takings in Virginia, Michaela R. Hill
Original Public Meaning and the Rule of Recognition, Andrew Jensen Kerr
Overruled Cases as a Tool for Inculcating Legal Realism, Michael C. Dorf
Patenting the Taboo: Sex, Drugs, and Abortion, Andrew Gilden and Sarah R. Wasserman Rajec
Patients as Stakeholders, Isaac D. Buck
Preserving the Future of Juries and Jury Trials, Paula Hannaford-Agor
Property Law for Positive Externalities: Carving New Sticks for the Bundle, J.B. Ruhl and James Salzman
Regulating Deception to Protect Democracy: Global Election Misinformation Regulations Analyzed Under U.S. First Amendment Doctrine, Stephanie Hoke
Rewired: Reconceptualizing Legal Services for the AI Age, Lev E. Breydo
Salvation from the Purgatory Between Personhood and Property: Disinterring Evidence for Property Rights in Human Remains, Harris J. Burton
Scalia-Ginsburg Collegiality Speaker Series: State Attorney General Panel, Institute of Bill of Rights Law, William & Mary Law School
Sea Level Rise and Vulnerable Infrastructure: Roads, Virginia Coastal Policy Center, William & Mary Law School and Virginia Institute of Marine Science
Sea Level Rise and Vulnerable Infrastructure: Wastewater, Virginia Coastal Policy Center, William & Mary Law School and Virginia Institute of Marine Science
Sea Level Rise and Vulnerable Infrastructure: Wells, Virginia Coastal Policy Center, William & Mary Law School and Virginia Institute of Marine Science
Setting the Stage for Grants Pass (& a Moral Constitutional Reckoning), Sara K. Rankin
Show and Tell: Writing Constitutional Law Casebooks When the Law Doesn't Matter, William D. Araiza
Sidewalk Living, Michael C. Pollack
Subsistence as Resistance: Reconceptualizing the Theory of Progressive Property to Incubate Resistance to Consumerism, D.S. Pensley
Supreme Court Preview 2025 (flyer), Institute of Bill of Rights Law, William & Mary Law School
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Table of Contents (v. 32, no. 1)
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Table of Contents (v. 32, no. 3)
Table of Contents (v. 34, no. 1)
Table of Contents (v. 34, no. 2)
Table of Contents (v. 34, no. 3)
Table of Contents (v. 50, no. 1)
Table of Contents (v. 50, no. 2)
Table of Contents (v. 67, no. 3)
Table of Contents (v. 67, no. 4)
Table of Contents (v. 67, no. 5)
Taboo Patents with Andrew Gilden & Sarah Rajec, Andrew Gilden, Sarah Rajec, and Kim Krawiec
Teaching Firearms Law: One Big Opportunity and Three Pedagogical Challenges, Joseph Blocher, Jacob D. Charles, and Darrell A.H. Miller
Ten Commandments in the Public Square and Public Schools, Mark David Hall and Andrea Picciotti-Bayer
Textualism Wins?: The Supreme Court’s 2024 Labor & Employment Law Cases, Nicole B. Porter
The Brief (Edition 43, February 2026), William & Mary Law School
The Brief (Edition #44, March 2026), William & Mary Law School
The Deepfake Dilemma: Fake Images, Real Victims, and the Legal Void in Addressing Non-Consensual Deepfake Pornography, Elizabeth A. Safaryn
The Demonization of America's Economic Engine, Ediberto Roman
The Brady Materiality Standard, Brandon L. Garrett and Adam M. Gershowitz
The Racialized Retaliatory State: Weaponizing Immigration Law to Criminalize Dissent, Karla McKanders
The Endorsement Test’s Early Years, 1983–1985: Notes from the O’Connor Files, Jay Wexler
The ESG Paradox: Systemic Resistance and the Crisis of Corporate Governance, Tawia Ansah
The Executive's Takeover of Independent Agencies: How Institutional Design Gave Way to Political Will, Neal Devins
The Fourth Amendment's Right to Be Secure, Thomas K. Clancy
The Future of Iraq: Keynote, Ryan C. Crocker and Christie S. Warren
The High Cost of Law School Casebooks, Jeffrey Bellin
The Judicial Voice on the Courts of Appeals, Allison Orr Larsen and Neal Devins
The Jurisprudence of Constitutional Entitlement, David Schraub
The Library Papers (vol. 1, issue 4, February 2026), Wolf Law Library, William & Mary Law School
The Library Papers (vol. 1, issue 5, March - April 2026), Wolf Law Library, William & Mary Law School
The Library Papers (vol. 1, issue 6, May 2026), Wolf Law Library, William & Mary Law School
The Lost Mines of Appalachia: How Revitalizing Abandoned Coal Mines Can Revitalize a Region, Jonathan Gharib
The New Necessity, Ezra Rosser
The New Transgender Tipping Point: Trumpism, Medical Necessity & Gender-Affirming Care, Molly J. Nunn
The Overlooked Case of October Term 2023: Implications of SEC v. Jarkesy on Environmental Law, Hayden Miller
The Path to Abundance: The Legal, Policy, and Political Challenges of an Abundance Agenda, Eric Biber
The Political Dynamics of Constitutional Law, Neal Devins
The Presence and Persistence of Social Rights in U.S. Constitutional Law, Mila Versteeg and Emily Zackin
The Priesthood in the Evolution of Anglo-American Criminal Procedure, John Langbein, Thomas J. McSweeney, and William M. M. Kamin
There Is No Fake But What We Make: AI's Next Frontiers and the Policy Gaps Ahead, Andrew McLaughlin
The Role of Prosecutorial Discretion in Criminal Immigration Matters, Brian L. Owsley
The Undue Degradation of "Undue Degradation": How Loper Bright Threatens to Weaken Environmental Protections for Domestic Lithium Operations, Griffin M. Krawitz
Through the Lens of Natural Selection: Understanding the Development and Adoption of Legal Forms of Business Organization, Brent J. Horton
Unacceptable in Any Era: The Unusual and Unconstitutional Effort to Criminalize Sleeping While Homeless, Joseph W. Mead and Shelby Calambokidis
Unlached: The Case Against Laches in Actions Brought in Replevin by Foreign Sovereigns for Objects of Cultural Heritage, Peyton M. Kendall
What Belongs in a Constitutional Law Casebook?, Ernest A. Young
What Did Gitlow Do?, James Y. Stern
What Is the Measure of Success for a Constitutional Law Casebook?, Erwin Chemerinsky
What Makes a Con Law "Doctrine" and Why Does It Matter?, Allison Orr Larsen
What Should a Constitutional Law Casebook Be?, William Funk