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2022: Robert E. Scott
No full textThe Law School faculty celebrated Robert E. Scott’s outstanding contributions as a law dean and scholar at an event in his honor held at William & Mary’s historic Wren Building. With Dean Scott (center) are Dean A. Benjamin Spencer and Former Dean and President Emeritus Taylor Reveley. Photo by David F. Morrillhttps://scholarship.law.wm.edu/mwmedallion/1053/thumbnail.jp
Natural Carbon Sequestration in the Commonwealth
Get PDFThe Virginia General Assembly created the Carbon Sequestration Task Force in 2021 to examine the feasibility and potential to increase carbon sequestration in the Commonwealth. Specifically, the Task Force must (i) consider possible methods of increasing carbon sequestration within the natural environment through state land and marine resources use policies; agricultural, aquacultural, and silvicultural practices; and other practices to achieve natural resources restoration and long-term conservation; (ii) recommend short-term and long-term benchmarks for increasing carbon sequestration; (iii) develop a standardized methodology to establish baseline carbon levels and account for increases in carbon sequestration over time; (iv) identify existing carbon markets and considerations relevant to potential participation by the Commonwealth; and (v) identify other potential funding mechanisms to encourage carbon sequestration practices in the Commonwealth.
The charge required input from both the public and private sector, including many entities that devote time, energy, and resources to achieving Virginia’s clean energy goals for a safer, equitable climate future. The Deputy Secretary of Natural and Historic Resources and the Secretary of Agriculture and Forestry would like to thank the participants in the Carbon Sequestration Task Force for their contributions to a well-grounded, science-based understanding of the potential to increase carbon sequestration through a variety of policy and market strategies...
The Virginia Coastal Policy Center and a team of students from William & Mary Law School and the Virginia Institute of Marine Science developed background research for this report and supported the work of the Carbon Sequestration Task Force.
This abstract has been adapted from the report\u27s Acknowledgements section
Casting Pearls Before Swine: Why the Public\u27s Darling Right to Pollute Should Have Been Overturned in Recent SCOVA Decision
Get PDFThis Note calls for the Virginia Supreme Court to recognize that a city’s right to freely pollute the public waterways is no longer valid under the Virginia Constitution, and to recognize that the line of Darling cases granting municipalities the public right to pollute waterways should have been overturned.
Part I will set out the foundation for this Note. It will discuss the background of Johnson v. City of Suffolk, laying the context for this Note’s discussion. Part II will engage in an analysis of the rationale for Darling. It will contextualize and compare it to current understandings of the relevant doctrines. Part III will then assess how courts applied the Darling right in cases in light of changed environmental regulations and statutes. Lastly, Part IV will analyze Johnson, and discuss how the Darling right should have been applied, as opposed to how it was in fact applied.
This abstract has been taken from the author\u27s introduction
Encouraging Sustainable Innovation: Is There Room for a Post-Grant Environmental Challenge in American Patent Law?
Get PDFThis Note examines potential changes within the American patenting system that might renew the U.S. Patent and Trademark Office’s (“USPTO”) dedication to the promotion of progress through a post-grant environmental challenge to patents. There are many ways to encourage “green” innovation by challenging practices that harm the environment, but the patent system has a unique ability to discourage environmentally harmful innovation by refusing to grant exclusionary rights—rights that many industries require to thrive. However, a post-grant environmental challenge would undoubtedly disrupt the American patent system in severe ways that this Note does not address. Therefore, this Note is not arguing that such a challenge should be implemented, but serves the purpose of starting a discussion. Where can we find the tools to combat climate change? Here, this Note discusses how the existing incentives within the patent system could be manipulated to encourage sustainable innovation within industry.
This abstract has been taken from the author\u27s introduction
Decitizenizing Asian Pacific American Women
Get PDFThe Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws and enforcement policies that, though initially targeting Asian women, now result in discrimination more broadly against Asian Pacific American (APA) women. The marginalization of this community, and the degrading stereotypes integrated within this marginalization, are designed to decitizenize. This Article illustrates how decitizenizing processes that are uniquely aimed at APA women can lead to the justification and excusal of legal and social discrimination
