William & Mary
Vivian Hamilton

Vivian Hamilton

Professor of Law; Affiliated Professor, Gender, Sexuality, & Women’s Studies
Degrees: J.D., Harvard Law School; B.A., Yale University
Email: [[vhamilton]]
Office phone: (757) 221-3839
Office location: Room 254B
Areas of Specialization

Civil Procedure; Education Law; Family Law; Race and Law; Adolescent Law

Representative Professional Activities and Achievements

Professor Hamilton earned her B.A. from Yale College and graduated cum laude from Harvard Law School. At Harvard, she was Articles Editor of the Harvard Civil Rights-Civil Liberties Law Review and served as a student attorney for the Harvard Legal Aid Bureau. She was awarded the National Association of Women’s Lawyers’ Outstanding Woman Graduate Award at commencement.

After earning her law degree, Professor Hamilton clerked for Judge Gladys Kessler of the U.S. District Court for the District of Columbia. She later practiced law as a litigation associate at Steptoe & Johnson L.L.P. in Washington, D.C., then worked as a Staff Attorney for the Legal Aid Society of Washington, D.C.

Professor Hamilton began her teaching career in the Clinical Program at American University Washington College of Law, as Director of the Women and the Law Clinic. She then taught as Associate Professor at West Virginia University School of Law, where she served as Parliamentarian of the Faculty Senate.

Professor Hamilton joined William & Mary in 2007. She currently serves as Chair of the Appointments Committee. She has served as Chair of the Section on Family and Juvenile Law of the Association of American Law Schools and now serves on its Executive Committee. Her work has been widely cited in academic journals and by the U.S. Court of Appeals for the 6th Circuit in (citation). Most recently, Professor Hamilton assisted the Virginia legislature in the successful passage of a new law restricting underage marriage.

Scholarly Publications
  • Children & the Law (Oxford Univ. Press 2019).
  • Considerations for Policymaking Affecting Adolescents in the Liberal Democracy, in Oxford Handbook of Children & the Law, James G. Dwyer, ed. (Oxford Univ. Press 2019).
  • Play Now, Pay Later?: Youth and Adolescent Collison Sports, Hastings L.J. ___ (forthcoming 2019).
  • Adulthood in Law and Culture, 91 Tulane L. Rev. 55 (2016).
  • Liberty Without Capacity: Why States Should Ban Adolescent Driving, 48 Ga. L. Rev. 1019 (2014).
  • Democratic Inclusion, Cognitive Development, and the Age of Electoral Majority, 77 Brook. L. Rev. 1447 (2012).
  • The Age of Marital Capacity: Reconsidering Civil Recognition of Adolescent Marriage, 92 B.U. L. Rev. 1817 (2012).
  • Immature Citizens and the State, 2010 BYU L. Rev. 1055 (2010). SSRN.
  • Perspectives on Religious Fundamentalism and Families in the U.S., 18 Wm. & Mary Bill Rts. J. 883 (2010).
  • Expressing Community Values through Family Law Adjudication, 77 UMKC L. Rev. 325 (2008) (symposium article).
  • Family Structure, Children, and Law, 24 Wash. U. J.L. & Pol'y 9 (2007) (invited).
  • Religious v. Secular Ideologies and Sex Education: A Response to Professors Cahn and Carbone, 110 W. Va. L. Rev. 501 (2007) (symposium article).
  • Will Marriage Promotion Work?, 11 Iowa J. Gender, Race, & Just. 1 (2007) (invited).
  • Principles of U.S. Family Law, 75 Fordham L. Rev. 31 (2006).
  • Mistaking Marriage for Social Policy, 11 Va. J. Soc. Pol'y & L. 307 (2004), excerpted in Modern Family Law: Cases and Materials 368-70 (D. Kelly Weisberg & Susan Frelich Appleton eds., 3d ed. 2006).

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