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International Institute for Democracy and Electoral Assistance Constitution Building Processes Programme in The Hague, Netherlands
No full textAurora Garrison [1L] will conduct research in support of national constitution building and amendment processes. International IDEA’s CBP program provides assistance to countries undergoing constitutional transitions as they seek to strengthen political institutions, improve electoral processes and promote democracy
Embattled SEC Climate-Related Disclosure Regulation
No full textThis Article informs the reader as to the current state of the U.S. Securities and Exchange Commission’s (SEC or Commission) Release No. 33-11275, The Enhancement and Standardization of Climate-Related Disclosures for Investors (the Final Rules), approved and then stayed by the Commission in March of 2024 and now being challenged in the Eighth Circuit Court of Appeals. It argues that the Final Rules are sound and should be upheld for seven articulated reasons, taking into account the arguments made by petitioners and amici curiae in the Eighth Circuit. Moreover, the Article argues that even with Chevron overturned, the Final Rules meet the new standard of judicial review of administrative rule-making under Loper Bright and other recently preceding U.S. Supreme Court decisions.
Finally, the Article informs the reader of the long lead-up to the Final Rules and sets them in a forward-looking global context
Justice in Colorado: Achieving Animal Plaintiffhood Through the State\u27s Common Law
No full textThe common law of Colorado embraces all of the premises necessary to conclude that non-human animals are legal persons who may bring suits on their own behalf. All that is necessary is for a case to bring those premises together. The state endorses a Hohfeldian understanding of rights and duties, meaning the two concepts are necessarily corollaries. So, humans’ existing statutory duty to avoid being cruel to animals entails that those same animals have a right to be free from cruelty under state statute. Then, premised on a long line of legal philosophy and the state’s understanding of “legal personhood,” the fact that non-human animals have a right grants them a limited form of personhood under the law. Therefore, non-human animals should be able to bring suits on their own behalf in limited instances. This Article argues that a lawsuit with an animal plaintiff in the mold of the Oregon case Justice v. Vercher could be successful despite, and perhaps because of, the Colorado Supreme Court’s recent rejection of habeas corpus for elephants in Nonhuman Rights Project, Inc. v. Cheyenne Mountain Zoological Society
New Threats to Campus Protest
No full textThis symposium Essay focuses on how universities responded, both initially and after the fact, to campus protests concerning the Hamas-Israel War. During those protests students and others erected encampments, held demonstrations, displayed signs, vandalized university property, and occupied buildings. Some protesters communicated anti-Semitic tropes and slogans. Although a few university leaders responded to the protests by negotiating with protest leaders, most relied on law enforcement and security to clear encampments and restore order. Since the initial protests, universities have adopted a spate of new policies that threaten campus protest. These measures include cancellation of already-permitted demonstrations, content-based speech restrictions, bans on encampments and temporary structures, masking bans, additional regulations concerning when, where, and how protests can occur, limits on who is allowed to organize and participate in campus demonstrations, and regulations addressing whether and where signage, displays, and sound amplification can be used. This Essay critically examines university responses to campus unrest considering First Amendment requirements and universities\u27 general commitment to the free exchange of ideas. It argues that the recent backlash against campus protest poses a significant threat to a venerable and valuable tradition of campus dissent
Assessing the Accelerated Threat of Bioterrorism in the Age of AI
No full textThis Note argues that the accelerated use and growth of easily accessible artificial intelligence systems will result in malicious individuals using artificial intelligence to engage in acts of bioterrorism. Part I will discuss how artificial intelligence works generally. Part II will discuss how AI can be used in carrying out attacks of bioterrorism. Part III will discuss suggested governmental regulations, including the creation of a new Data Privacy, Cybersecurity, and Artificial Intelligence Regulating Department that can conduct the evaluation and limitation of publicly available information, use threat modeling to strengthen biosecurity measures, make artificial intelligence use in terrorism a criminal offense, and collaborate with Environmental Protection Agency (EPA) in producing specific regulations to address bioterrorism threats.
This abstract has been taken from the author\u27s introduction
For the Right to Repair Oneself: Cybernetic IMDs and the Plight of Manufacturer Abandonment
No full textOne in four people in the United States are disabled, making them the country’s largest minority. Yet they are well-known as the forgotten minority because they are often overlooked by governments and international organizations, and are rarely included in diversity and equity discussions. This is clear in how little the United States fights for the rights of the disabled. The disability aid and big pharma industries have been accused of being parasitic, the public has been accused of being unaccommodating, and the state and federal government has been accused of being unhelpful towards supporting the lives of the disabled. However, this time, the issue cannot be ignored. The consequence of the loss of [implants] is too dire; any ignorance given towards their plight would lead to significant harm or even be a violation of human rights. With the market rate of cybernetic devices increasing, there comes the increasing need to answer two questions: what happens to the people abandoned by the manufacturers they rely on, and what options are there to prevent the harm they will go through as a consequence?
This Note will answer this question in three sections. The first section will introduce the concept of the cybernetic implant, or “cybernetic IMD.” This section will discuss what makes a cybernetic IMD, give different examples of cybernetic IMDs and their uses, and compare cybernetic IMDs to other types of disability aids and devices, such as medication and non-cybernetic prosthetics and implants. The second section will discuss how cybernetic IMDs are obtained, the risks that come with obtaining cybernetic IMDs, the benefits of these devices, and the financial costs that come with receiving them. I will also discuss the types of unique harm that can come from these devices, specifically malfunctions, and hacking, both of which have been discussed by others in the past.
The third and final section will discuss the issue that Terry, Rita, and Markus face: manufacturer abandonment. I will discuss the consequences of manufacturers abandoning their clients and discontinuing their products, and what this means for users of their products not only now but in the future. I will also discuss what current solutions are there for people who have been abandoned by manufacturers, and how little opportunity of recourse there is for them. Finally, I will discuss possible solutions, and the role the right to repair plays in them.
This abstract has been taken from the author\u27s introduction
An Interview with Lorrie Sinclair Taylor
No full textI would travel back to Northern Virginia almost every week after legal skills on Friday, until I really developed the friendships and the family in my Black Law Students Association community. And that\u27s what kept me here. We just did things together. We ate dinner together, we made community meals together, we hung out, we did social activities, and I met my husband here... he introduced me to a lot of the local things, which made me appreciate my time here at William & Mary even more. -- Lorrie Sinclair Taylor
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Judge Lorrie Sinclair Taylor was interviewed on April 19th, 2025, in the William & Mary Media Center’s Production Studio. She begins the interview by talking about her large family of Jamaican immigrants, of which she is the youngest, and how they influenced her decision to practice law. Judge Sinclair Taylor then goes on to recount how she ended up in Virginia at George Mason for undergraduate and William & Mary for law school, where she connected with the Black Law Student’s Association and met close friends and mentors. She then discusses her work as a practicing attorney, serving as both a prosecutor and private practice attorney in Virginia before deciding to apply for the bench. Judge Sinclair Taylor then reflects on the feeling and history behind her being the first Black judge in the 20th Judicial Circuit of Virginia, and what that means to her and others who look up to her. She finishes the interview talking about the importance of having mentorship and support, and shares love for her family who has stood by her side.https://scholarship.law.wm.edu/oralhist_all/1022/thumbnail.jp
Jayne Barnard: Inaugural John Marshall Award
No full text[W]e didn’t have many ways to recognize faculty or staff or even students. We had a few, but not many. And [Dean Sullivan] decided to create two new ones, of which the Marshall was one. And I was the chair of the committee to choose the recipient... Then I was asked to leave the committee, and...next thing I know, I’d won the award. So how that kind of happened, I’m not sure. But I’ve been in the best company in the Marshall Award.” -- Jayne Barnard, Professor Emerita, on being the first to win the law school’s John Marshall Award
John Marshall Award, presented to Jayne W. Barnard. 1989. Wolf Law Library Archives, LSA.2024.003
The Law School presented the John Marshall Award to Jayne Barnard in 1989. She was the first recipient of the award, which was created by then-Dean Timothy Sullivan to honor faculty, administrators, or staff who have displayed “character, leadership and a spirit of selfless service to the Law School community.” The Marshall Award is given each year during the Law School’s Commencement Ceremony, along with its counterpart for student honorees, the George Wythe Award. In 2024, Professor Iria Giuffrida became the latest Marshall honoree.
Listen to Jayne Barnard\u27s oral history online.https://scholarship.law.wm.edu/oralhist-exhibit/1005/thumbnail.jp
Prudence in the Library
No full textPrudence. Wooden doll crafted in Amana, Iowa. Arrived at Wolf Law Library ca. 2000. Wolf Law Library Archives, AFT.2000.001
Prudence hails from Amana, Iowa, where she was constructed as part of a local woodworking festival. She arrived at the law library after being purchased by then-director Jim Heller, who noticed her among a series of wooden figures populating Iowa City. Although her initial appearance – laid out in a coffin-shaped box and revealed beneath a mass of packing peanuts – surprised many members of the staff, she has since become a notable figure in the library community. Almost 25 years later, her unexpected presence in a room continues to startle unsuspecting visitors.
Photo courtesy of David Morrill.
Hear about Prudence in Jim Heller\u27s oral history.https://scholarship.law.wm.edu/oralhist-exhibit/1011/thumbnail.jp