William and Mary Law Review

Professional publication covering law.

Articles from Vol. 55, No. 2, November

Cyber-Republicanism
ABSTRACT In 1787 at the dawn of our nation, the Founding Fathers were embroiled in a raging debate over the role citizens and special interest groups should play in our political system. The Founding Fathers viewed influence from interest groups...
Cyber-Republicanism
Interestingly, the universalism goal of republican theories closely resembles the stated aspirations of certain social media sites. For instance: [Twitter states that it] lends itself to cause and action. Every day, we are inspired by stories...
Flunking the Class-of-One/failing Equal Protection
ABSTRACT This Article considers the equal protection "class-of-one" doctrine in light of recent developments, both at the Supreme Court and in the lower courts. After Part I explains the background and current state of the doctrine, Part H considers...
Oasis or Mirage: The Supreme Court's Thirst for Dictionaries in the Rehnquist and Roberts Eras
ABSTRACT The Supreme Court's use of dictionaries, virtually non-existent before 1987, has dramatically increased during the Rehnquist and Roberts Court eras to the point where as many as one-third of statutory decisions invoke dictionary definitions....
Oasis or Mirage: The Supreme Court's Thirst for Dictionaries in the Rehnquist and Roberts Eras
3. Briefs and Opinions As with other resources for interpretation of statutes, the Justices often receive inputs from the litigants in the form of dictionary definitions of statutory terms. To probe the relationship between those inputs and the...
Precedent or Problem? Alameda County's Diversion Policy for Youth Charged with Prostitution and the Case for a Policy of Immunity
TABLE OF CONTENTS INTRODUCTION I. CURRENT LEGAL RESPONSES TO CSEC EXPLOITATION A. Current Policies in Alameda County and California B. Policies in Other States II. LEGAL SUPPORT FOR A POLICY OF IMMUNITY IN ALAMEDA COUNTY A. Statutory...
Rethinking Review Standards in Asylum
ABSTRACT Factual findings drive asylum adjudication. If immigration judges get them wrong, they risk sending refugees back to persecution. Recent studies have exposed an immigration agency that is prone to inaccurate and ill-considered fact-finding...
Rethinking Review Standards in Asylum
B. Lack of Quality Representation for Noncitizens In early 2011, Second Circuit Court of Appeals Judge Robert A. Katzmann organized about 200 leaders from government and private practice to discuss the barriers that deny many noncitizens proper...
Tinker-Ing with Speech Categories: Solving the Off-Campus Student Speech Problem with a Categorical Approach and a Comprehensive Framework
TABLE OF CONTENTS INTRODUCTION I. CURRENT LAW AND PROPOSED SOLUTIONS A. Supreme Court Student Speech Cases 1. Tinker v. Des Moines Independent Community School District 2. Bethel School District No. 403 v. Fraser 3....