Chancellor Professor of Law; Director, W&M Center for Racial & Social Justice; Affiliate Faculty, Africana Studies and Gender, Sexuality, & Women’s Studies

Areas of Specialization

Civil Procedure; Education Law; Family Law; Race and Law; Adolescent Law

Representative Professional Activities and Achievements

Vivian Hamilton is a Professor of Law at William & Mary Law School, where she teaches courses in Civil Procedure, Education Law, Family Law, and Race & Law. She is also an affiliate faculty member of the Gender, Sexuality, and Women’s Studies Program at the College of William & Mary. At the Law School, she serves as faculty advisor to the Journal of Race, Gender, and Social Justice, the Black Law Students Association, and the Equality Alliance. She is a founder and co-chair of the William & Mary Faculty of Color Network. Professor Hamilton’s research focuses on legal measures affecting adolescents and emerging adults, and her work has been published in the Boston University Law Review, Brigham Young University Law Review, and University of Georgia Law Review, among others. She has testified as an expert before numerous state legislatures, and her work has been widely cited in law journals and media outlets, including N.Y. Times and The Washington Times.

Professor Hamilton earned her B.A. in History from Yale College and is a cum laude graduate of Harvard Law School. She clerked for the Hon. Gladys Kessler of the U.S. District Court for the District of Columbia, then worked as a litigator in the D.C. office of Steptoe & Johnson LLP, then at the D.C. Legal Aid Society. Professor Hamilton joined the clinical faculty of American University’s Washington College of Law, where she was Director of the Women & the Law Clinic. She joined the faculty of West Virginia University School of Law as Associate Professor in 2006, then joined William & Mary Law School in 2008.

Professor Hamilton has served as Chair of the Section on Family and Juvenile Law of the Association of American Law Schools and on its Executive Committee. She also serves as President of the Board of the ACLU-Virginia and chairs its Governance & Nominations Committee.

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Publications from 2023

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Menstrual Justice in Theoretical Context, Vivian E. Hamilton

(98 N.Y.U. Law Review Online 133-154 (2023))

Submissions from 2021

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Reform, Retrench, Repeat: The Campaign Against Critical Race Theory, Through the Lens of Critical Race Theory, Vivian E. Hamilton

Publications from 2020

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Home, Schooling, and State: Education in, and for, a Diverse Democracy, Vivian E. Hamilton

(98 North Carolina Law Review 1347-1394 (2020))

Publications from 2019

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

(71 Hastings Law Journal 151-196 (2019))

Publications from 2016

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Adulthood in Law and Culture, Vivian E. Hamilton

(91 Tulane Law Review 55-97 (2016))

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On Griswold and Women's Equality, Vivian E. Hamilton

(3 Journal of Global Justice and Public Policy 171-176 (2016))

Publications from 2014

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Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton

(48 Georgia Law Review 1019-1084 (2014))

Publications from 2012

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Democratic Inclusion, Cognitive Development, and the Age of Electoral Majority, Vivian E. Hamilton

(77 Brooklyn Law Review 1447-1513 (2012))

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The Age of Marital Capacity: Reconsidering Civil Recognition of Adolescent Marriage, Vivian E. Hamilton

(92 Boston University Law Review 1817-1863 (2012))

Publications from 2010

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Immature Citizens and the State, Vivian E. Hamilton

(2010 Brigham Young University Law Review 1055-1147 (2010))

Publications from 2008

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Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton

(77 UMKC Law Review 325-345 (2008))

Publications from 2007

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Family Structure, Children, and Law, Vivian E. Hamilton

(24 Washington University Journal of Law and Policy 9-29 (2007))

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Religious v. Secular Ideologies and Sex Education: A Response to Professors Cahn and Carbone, Vivian E. Hamilton

(110 West Virginia Law Review 501-513 (2007))

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Will Marriage Promotion Work?, Vivian E. Hamilton

(11 Journal of Gender, Race, & Justice 1-15 (2007))

Publications from 2006

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Principles of U.S. Family Law, Vivian E. Hamilton

(75 Fordham Law Review 31-73 (2006))

Publications from 2004

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Mistaking Marriage for Social Policy, Vivian E. Hamilton

(11 Virginia Journal of Social Policy and the Law 307-371 (2004))