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From:William and Mary Law Review (Vol. 63, Issue 2) Peer-ReviewedA key component is missing from the Eighth Amendment's Excessive Fines Clause doctrine: Who has the burden of proof? This question--which has been essentially ignored by both federal and state courts--is not just a...
From:William and Mary Law Review (Vol. 63, Issue 2) Peer-ReviewedWhile the European Union (EU) was founded on the concept of equality as a fundamental value in 1993, the United States was created at a time when women were considered legally inferior to men. This has had the lasting...
From:William and Mary Law Review (Vol. 63, Issue 2) Peer-ReviewedINTRODUCTION Consider the following: Building Owner commissions Artist to paint a mural on the wall of his building. A decade later, Business buys that building from Building Owner and, unaware of details relative to...
From:William and Mary Law Review (Vol. 63, Issue 2) Peer-ReviewedWithin the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is...
From:William and Mary Law Review (Vol. 63, Issue 2) Peer-ReviewedINTRODUCTION "Yesterday, in my view, was one of the darkest days in the history of our nation."' President Joseph R. Biden spoke these words following the January 6, 2021 riots at the U.S. Capitol Building that left...
From:William and Mary Law Review (Vol. 63, Issue 2) Peer-ReviewedLitigants--like organisms in an ecosystem--must evolve to survive our civil justice system. When procedural rules and doctrines that govern civil litigation change, litigants must respond. In some cases, litigants will...
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