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A Sovereign Peace: Reconceptualizing the Law of Sovereignty in the Taiwan Strait
China and Taiwan’s enduring dispute stems from a fundamental disagreement over Taiwan’s sovereignty. Drawing on binary conceptions of sovereignty in international law, the Chinese government argues that there can only be one legitimate Chinese sovereign—and that China is this sovereign. Meanwhile…
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To Lecture Capture or Not to Lecture Capture? The Answer for Legal Education Appears to be a “Regulated Yes”
The debate over the use of technology in the law classroom is often framed as the necessary use of modern forms of information sharing versus the creation of distractions which undermine deeper learning. One subject of significant debate in law faculties is whether students should have regular…
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Transgender Women in Sports: A Test Case for State Legislative Protections
For decades, transgender people have been fighting for the right to participate in sports leagues consistent with their gender identity. Much of this fight has played out on the federal stage, but recently both the federal government and federal courts have become hostile to transgender rights…
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Is the Gig Really Up?: Exploring Statutory Protections for Moonlighting Workers
Moonlighting, side hustles, and part-time jobs often refer to secondary employment pursued by employees. While the terminology may vary, the underlying reality remains the same: Legal protections against an employer’s ability to restrict such activities are limited. Nothing stops employers from…
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Reclaiming the Constitution: "For There is Always Light, If Only We're Brave Enough to See It"
As citizens—and as lawyers—we are schooled to view the U.S. Constitution as what—indeed—“constitutes” us as a nation and as a people. As lawyers— and as citizens—we are also schooled to understand that the Constitution is law and that its meaning is to be ascertained through the process of law and…
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The First Amendment Right to Privacy
The First Amendment is often considered to be in tension with privacy. This Article is about the contexts in which it is not. Although freedom of speech can pose challenges for privacy governance, privacy is a core First Amendment value. Many important First Amendment decisions were motivated more…
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Re-evaluating Deshany in an Era of Gun Violence and Government Inaction
In DeShaney v. Winnebago County Department of Social Services, the Supreme Court held that the State has no constitutional duty to protect individuals from violence committed by private third parties. An exception to this rule exists when the State has a special relationship to the plaintiff…
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Back to the Fourth Amendment
Does the Fourth Amendment protect against governmental seizures of an individual’s digital property? The answer depends on whether government action constitutes a meaningful interference with digital property. Back to the Fourth Amendment considers the Founders’ intentional choice to use two…
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Gerrymandering the Electoral College
In Rucho v. Common Cause, the Supreme Court held that partisan gerrymandering is a nonjusticiable political question. The Court’s opinion admits that “[e]xcessive partisanship in districting leads to results that reasonably seem unjust.” The injustice is the ability of the majority party to use…
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Arbitrating Justice: The Rise of Mandatory Clauses, the Evolution of Case Law, and the Future of the Consumer Financial Protection Bureau in a Shifting Legal Landscape
Mandatory arbitration clauses have become a common fixture in consumer and employment contracts, requiring individuals to resolve disputes through private arbitration rather than in court. These provisions often preclude class actions and limit appellate rights, raising significant concerns about…
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Standalone Frisks
We all think we understand Terry v. Ohio. But we don’t. In fact, for decades, we’ve taken the wrong doctrinal lesson from Terry and its progeny. Even though Terry discussed the constitutional standards surrounding “stop-and-frisks,” many of us have interpreted Terry as only permitting a…
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Decoding the Path of Constitutional Exclusion in Wisconsin Digital Evidence Cases
Criminal cases involving novel digital evidence warrants often raise constitutional and suppression issues. As these constitutional issues become harder to resolve, resolution of the suppression issues becomes easier to predict. Where officers obtain warrants to use cutting-edge investigative…
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Remarks from Environmental Law and Policy Review's Fiftieth Anniversary Celebration
Volume 50 is a milestone for the William & Mary Environmental Law and Policy Review. To that end, on March 20, 2026, the eve of our Symposium, ELPR staff members, alumni, and supporters gathered to celebrate ELPR’s 50th year of scholarship. Hayden Miller, Professor Jonathan Adler, and Jeffrey…
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Now You Sea Me, Now You Don't: A "Climate Displacement Equity" Framework for Sinking Nations
Small Island Developing States (SIDS) are a unique set of states that are disproportionately impacted by climate change impacts and are highly vulnerable to economic, cultural, and environmental harms. While many are islands, SIDS also include non-island states populated with predominately coastal…
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The Vicious Cycle of 'Disaster-Recovery-Disaster' and SIDS: Lessons from the ICJ Advisory Proceedings on Climate Change
The core argument of this Article is that the current theoretical and legal frameworks are insufficient to fully comprehend the circumstances of the Small Islands Developing States (SIDS), which claim to be in a “constant state of recovery or disaster.” The SIDS continue to suffer, as the extreme…
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Climate Justice for Puerto Rico: The Right to Stay and Energy Sovereignty
Following Hurricane María and subsequent disasters, Puerto Rico has experienced displacement, infrastructure collapse, and intensified economic exploitation through austerity policies championed as part of a disaster capitalist agenda. Climate change threatens self-determination globally, but its…
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