William and Mary Law Review
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Psychiatric evidence in criminal trials: to junk or not to junk?
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Flunking the class-of-one/failing equal protection.
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RETHINKING SOVEREIGN VEIL-PIERCING.
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Establishment and disestablishment at the founding, part I: establishment of religion.
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Sex, cells, and SORNA: applying sex offender registration laws to sexting cases.
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Freedom of speech, defamation, and injunctions.
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Introduction: the civil jury as a political institution.
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The states of immigration.
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The curious complications with back-end opt-out rights.
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WORKPLACE DIGNITY.
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THE FOURTEENTH AMENDMENT AND THE VENUS NOIRE.
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The Hershey Trust's quest to diversify: redefining the state Attorney General's role when charitable trusts wish to diversify.
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Still a solution: in further support of spending supermajority rules.
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The Fourth Amendment rights of children at home: when parental authority goes too far.
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PATENT PRIOR ART AND POSSESSION.
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How customary is customary international law?
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Not so meaningful anymore: why a law library is required to make a prisoner's access to the courts meaningful.
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Making federalism doctrine: fidelity, institutional competence, and compensating adjustments.
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The partisanship spectrum.
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DEFAMATION OR IMPERSONATION? WORKING TOWARDS A LEGISLATIVE REMEDY FOR DEEPFAKE ELECTION MISINFORMATION.
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We the People: Transformations.
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Some alarming aspects of the legacies of judicial review and of John Marshall.
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Judicial departmentalism: an introduction.
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COURTS, CULTURE, AND THE LETHAL INJECTION STALEMATE.
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A devil disguised as a corporate angel? Questioning corporate charitable contributions to 'independent' directors' organizations.
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Haunted by history: colonial land trusts pose national threat.
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The Affordable Care Act, the constitutional meaning of statutes, and the emerging doctrine of positive constitutional rights.
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Barking up the wrong tree: the misplaced furor over the Feeney Amendment as a threat to judicial independence.
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Shame on you: an analysis of modern shame punishment as an alternative to incarceration.
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The myth of extraconstitutional foreign affairs power.
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Forcing players to walk the plank: why end user license agreements improperly control players' rights regarding microtransactions in video games.
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The unwelcome requirement in sexual harassment: choosing a perspective and incorporating the effect of supervisor-subordinate relations.
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GENDER DISPARITY IN LAW REVIEW CITATION RATES.
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The news media's influence on criminal justice policy: how market-driven news promotes punitiveness.
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THE FAULTY LAW AND ECONOMICS OF THE "BASEBALL RULE".
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A RULE WITHOUT A REASON: DETERMINING THE CAPACITY FOR NEGLIGENCE OF A PERSON WITH MENTAL ILLNESS.
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RECOVERING THE LOST GENERAL WELFARE CLAUSE.
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SEC Rule 14e-3 in the wake of United States v. O'Hagan: proper prophylactic scope and the future of warehousing.
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The commercial difference.
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Evidence myopia: the failure to see the Federal Rules of Evidence as a codification of the common law.
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A jury of one's peers: Virginia's restoration of rights process and its disproportionate effect on the African American community.
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THE GERRYMANDER AND THE CONSTITUTION: TWO AVENUES OF ANALYSIS AND THE QUEST FOR A DURABLE PRECEDENT.
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PARADOXICAL CITIZENSHIP.(birthright citizenship)(response to Gabriel J. Chin and Paul Finkelman in this issue, p. 1047)
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High alert: the government's war on the financing of terrorism and its implications for donors, domestic charitable organizations, and global philanthropy.
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Charging on the margin.
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What's it worth? Jury damage awards as community judgments.
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FORCE-FEEDING PRETRIAL DETAINEES: A CONSTITUTIONAL VIOLATION.
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Bridging the enforcement gap in constitutional law: a critique of the Supreme Court's theory that self-restraint promotes federalism.
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The rhetoric of constitutional absolutism.
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What should citizens (as participants in a republican form of government) know about the Constitution?
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The Federal Circuit as a federal court.
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Storming the castle to save the children: the ironic costs of a child welfare exception to the Fourth Amendment.
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Voter knowledge and constitutional change: assessing the New Deal experience.
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The failure of words: Habeas Corpus Reform, the Antiterrorism and Effective Death Penalty Act, and when a judgment of conviction becomes final for the purposes of 28 U.S.C. s. 2255(1).
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The derivative nature of corporate constitutional rights.
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An alternate approach to channeling?
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Looking forward while looking back: using debtors' post-petition financial changes to find bankruptcy abuse after BAPCPA.
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Why political reliance on religiously grounded morality does not violate the Establishment Clause.
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The litigation finance contract.
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Establishing uniformity: the need for a per se rule against the grouping of money laundering and fraud counts under the federal sentencing guidelines.
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General law in federal court.
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THE INTEGRITY OF MARRIAGE.
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Regulating drones under the First and Fourth Amendments.
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Reflections on coercing privacy.
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NCAA and the rule of reason: analyzing improved education quality as a procompetitive justification.
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STATUTORY COPY-PASTING IN THE LAW OF SOVEREIGN IMMUNITY.
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A strategy for mercy.
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The diversity rationale for affirmative action in employment after Grutter: the case for containment.
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Katz cradle: holding on to Fourth Amendment parity in an age of evolving electronic communication.
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Corporate governance in the courtroom: an empirical analysis.
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Sentencing acquitted conduct to the post-Booker dustbin.
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Marriage mimicry: the law of domestic violence.
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The role of moral philosophers in the competition between deontological and empirical desert.
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TO THINE OWN SELF BE TRUE? INCENTIVE PROBLEMS IN PERSONALIZED LAW.
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THE FACTOR/ELEMENT DISTINCTION IN ANTITRUST LITIGATION.
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The Supreme Court and foreign sources of law: two hundred years of practice and the juvenile death penalty decision.
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From bricks to pajamas: the law and economics of amateur journalism.
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Plea bargaining and the substantive and procedural goals of criminal justice: from retribution and adversarialism to preventive justice and hybrid-inquisitorialism.
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William & Mary Law Review.(Imagining the Future of Law and Neuroscience)
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The federalism implications of Flores.
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Rethinking legal globalization: the case of transnational personal jurisdiction.
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Death, desuetude, and original meaning.
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Changing the sentence without hiding the truth: judicial sentence modification as a promising method of early release.
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No good deed goes unpunished? Establishing a self-evaluate privilege for corporate internal investigations.
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The Brandeis gambit: the making of America's 'first freedom,' 1909-1931.
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Legislating accountability: standards, sanctions, and school district reform.
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SPAC MERGERS, IPOS, AND THE PSLRA'S SAFE HARBOR: UNPACKING CLAIMS OF REGULATORY ARBITRAGE.(special purpose acquisition companies, initial public offerings, Private Securities Litigation Reform Act of 1995)
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General law in federal court.
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Trademark morality.
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Judges as altruistic hierarchs: 2001 George C. Wythe Lecture.
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ENFORCING PRINCIPLED CONSTITUTIONAL LIMITS ON FEDERAL POWER: A NEO-FEDERALIST REFINEMENT OF JUSTICE CARDOZO'S JURISPRUDENCE.
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Rehabilitative employees and the National Labor Relations Act.
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DEFINING "UNDULY': RESOLVING INHERENT TEXTUAL AMBIGUITY IN THE IMO'S BALLAST WATER MANAGEMENT CONVENTION.
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Religion, democracy, and autonomy: a political parable.
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Counting votes and discounting holdings in the Supreme Court's takings cases.
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THE IMPLICATIONS OF SECTION 230 FOR BLACK COMMUNITIES.(Telecommunications Act of 1996)(III. The Implications of Section 230 Reforms for Black Communities E. Content Neutrality Proposals through Conclusion, with footnotes, p. 187-193)
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Presidential constitutionalism and civil rights.
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Copyright essentialism and the performativity of remedies.
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Producing speech.
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ADMINISTRATIVE DISSENTS.
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Humanitarian intervention at a crossroads.
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RETHINKING PREEMPTION AND CONSTITUTIONAL PARAMETERS IN BANKRUPTCY.
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JURISDICTIONAL IDEALISM AND POSITIVISM.
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ATOMISTIC ANTITRUST.
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Legislating preemption.
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The marrow of tradition: the Roberts Court and categorical First Amendment speech exclusions.
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NO ARBITRARY POWER: AN ORIGINALIST THEORY OF THE DUE PROCESS OF LAW.
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Criminal innovation and the warrant requirement: reconsidering the rights-police efficiency trade-off.
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Dicta, schmicta: theory versus practice in lower court decision making.
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Commercial activity and charitable tax exemption.
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STANDING TO CHALLENGE FAMILIAL SEARCHES OF COMMERCIAL DNA DATABASES.
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MOTION TO DISMISS FOR FAILURE TO SUCCEED ON THE MERITS: THE EEOC AND RULE 12(b)(6).
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Evaluating the Federal Communications Commission's national television ownership cap: what's bad for broadcasting is good for the country.
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The theocratic challenge to Constitution drafting in post-conflict states.
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Remedy gone awry: weighing in on weighted voting.
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Tying conspiracies.
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Banging on the backdoor draft: the constitutional validity of stop-loss in the military.
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Personal jurisdiction based on the local effects of intentional misconduct.
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SOMETHING OLD, SOMETHING NEW, OR SOMETHING REALLY OLD'? SECOND GENERATION RACIAL GERRYMANDERING LITIGATION AS INTENTIONAL RACIAL DISCRIMINATION CASES.
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The right of publicity and the First Amendment in the modern age of commercial speech.
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Secure Communities: burdening local law enforcement and undermining the U Visa.
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The procompetitive interest in intellectual property law.
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St. George Tucker and the limits of states' rights constitutionalism: understanding the federal compact in the early republic.
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PROMOTING HEALING AND AVOIDING RETRAUMATIZATION: A PROPOSAL TO IMPROVE MENTAL HEALTH CARE FOR DETAINED UNACCOMPANIED MINORS THROUGH A BEST INTERESTS OF THE CHILD STANDARD.
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THE COURT SHOULD NOT LET POLITICALLY DIVIDED TIMES AFFECT ITS CHOICES AND DECISIONS.
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City of Boerne v. Flores: a landmark for structural analysis.
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Transparency trumps technology: reconciling open meeting laws with modern technology.
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John Levy: civil libertarian, ethics-guru, teacher, mentor, and man.
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FIDUCIARY JUDGMENT RULES.
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The Cigarette Papers.
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Regulating governmental data mining in the United States and Germany: constitutional courts, the state, and new technology.
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Dumbo's feather: an examination and critique of the Supreme Court's use, misuse, and abuse of tradition in protecting fundamental rights.
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PROPHYLACTIC REDISTRJCTING? CONGRESS' SECTION 5 POWER AND THE NEW EQUAL PROTECTION RIGHT TO VOTE.
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Instant runoff voting: a cure that is likely worse than the disease.
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Legal determinacy and moral justification.
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Disability harassment in the public schools.
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John Marshall: remarks of October 6, 2000.
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Freedom of speech, defamation, and injunctions.
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Religion at a public university.
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An outcomes analysis of scope of review standards.
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Netflix and Quill: using access and consumption to create a plan for taxing the cloud.
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Three reasons why even good property rights cause moral anxiety.
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Rethinking drug inadmissibility.
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National security information disclosures and the role of intent.
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Original sin and judicial independence: providing accountability for justices.
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Guns, words, and constitutional interpretation.
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The rhetoric of constitutional absolutism.
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THERE'S NO SUCH THING AS INDEPENDENT CREATION, AND IT'S A GOOD THING, TOO.
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The equal protection implications of government's hateful speech.
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Theoretical bang and practical whimper? An illustrative analysis based on lower court treatment of the Child Support Recovery Act.
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Easing the Limits of the Statute of Limitations: A Path to a More Equitable IDEA.(Individuals with Disabilities Education Act)
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Bridging the gap between work and family: accomplishing the goals of the Family and Medical Leave Act of 1993.
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Citizens, united and Citizens United: the future of labor speech rights?
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Subconstitutional constitutional law: supplement, sham, or substitute?
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Preserving republican governance: an essential government functions exception to direct democratic measures.
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PRIVACY OR THE POLLS: PUBLIC VOTER REGISTRATION LAWS AS A MODERN FORM OF VOTE DENIAL.
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The empire of illness: competence and coercion in health-care decision making.
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Settling the long war: alternative dispute resolution and the War on Terror.
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The role of charity in a federal system.
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WICKARD THROUGH AN ANTITRUST LENS.
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Criminal innovation and the warrant requirement: reconsidering the rights-police efficiency trade-off.
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A Constitution between past and future.
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The use that the future makes of the past: John Marshall's greatness and its lessons for today's Supreme Court Justices.
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Corporate speech, securities regulation, and an institutional approach to the First Amendment.
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Of textualism, party autonomy, and good faith.
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Valid rule due process challenges: Bond v. United States and Erie's constitutional source.
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GOSS V. LOPEZ AS A VEHICLE TO EXAMINE DUE PROCESS PROTECTION ISSUES WITH ALTERNATIVE SCHOOLS.
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Neuroscience in the courtroom: an international concern.
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The failure of punitive damages in employment discrimination cases: a call for change.
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The Armstrong principle, the narratives of takings, and compensation statutes.
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Embedded federal questions, exclusive jurisdiction, and patent-based malpractice claims.
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OPTIMIZING CYBERSECURITY RISK IN MEDICAL CYBER-PHYSICAL DEVICES.
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An economic analysis of the Private Securities Litigation Reform Act: auctions as an efficient alternative to judicial intervention.
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A pattern-oriented approach to fair use.
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Property rights, community public goods, and household time allocation in urban squatter communities: evidence from Peru.
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TRUSTING THE FEDERALISM PROCESS UNDER UNIQUE CIRCUMSTANCES: UNITED STATES ELECTION ADMINISTRATION AND CYBERSECURITY.
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Religion and the First Amendment: some causes of the recent confusion.
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Fiduciary governance.
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Leak prosecutions and the First Amendment: new developments and a closer look at the feasibility of protecting leakers.
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Expedited removal and discrimination in the asylum process: the use of humanitarian aid as a political tool.
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Popular authorship and constitution making: comparing and contrasting the DRC and Kenya.
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Punishing sexual fantasy.
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Smokescreen: The Truth Behind the Tobacco Industry Cover-up.
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Getting from here to there: the rebirth of constitutional constraints on the special interest state.
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Appellate review of sentences: reconsidering deference.
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An exploration of "noneconomic" damages in civil jury awards.
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The local law of global antitrust.
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Gatlin Oil Co. v. United States: a myopic view of OPA liability.
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Lighten the Load: Why the Government Should Bear the Burden of Proving the Validity of an Alien's Appellate Waiver During a Removal Order Collateral Attack.
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New theories of guilt on appeal in Virginia criminal cases.
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Contributions legal scholars can make to development economics: examples from China.
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The demise of federal takings litigation.
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Legal ignorance and information-forcing rules.
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JURY BIAS RESULTING IN INDEFINITE COMMITMENT: EXPANDING PROCEDURAL PROTECTIONS IN SVP CIVIL COMMITMENT PROCEEDINGS UNDER THE MATHEWS TEST.
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Solving Batson.
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THE AUTHORITY OF INTERNATIONAL REFUGEE LAW.
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Soft supremacy.
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Meaning, intention, and the hearsay rule.
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The citizen lawyer - a brief informal history of a myth with some basis in reality.
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CONTRACTUAL TAX REFORM.
