William and Mary Law Review
- CIVIL RIGHTS WITHOUT REPRESENTATION.
- EMERGING TECHNOLOGY'S LANGUAGE WARS: CRYPTOCURRENCY.
- Precedent or problem? Alameda County's diversion policy for youth charged with prostitution and the case for a policy of immunity.
- Pro-constitutional representation: comparing the role obligations of judges and elected representatives in constitutional democracy.
- What is the "invention"?
- SEC Rule 14e-3 in the wake of United States v. O'Hagan: proper prophylactic scope and the future of warehousing.
- A case of overcorrection: how the FTC's regulation of "unfair acts and practices" is unfair to small businesses.
- The WTO: biting the hand that fed it.
- White-collar plea bargaining and sentencing after Booker.
- THE "FREE WHITE PERSON" CLAUSE OF THE NATURALIZATION ACT OF 1790 AS SUPER-STATUTE.
- Appraising a presumption: a modern look at the doctrine of specific performance in real estate contracts.
- Reliance on nonenforcement.
- THE JUDICIAL REFORMS OF 1937.
- Shame on you: an analysis of modern shame punishment as an alternative to incarceration.
- The unwelcome requirement in sexual harassment: choosing a perspective and incorporating the effect of supervisor-subordinate relations.
- Parting the dark money sea: exposing politically active tax-exempt groups through FEC-IRS hybrid enforcement.
- Still a solution: in further support of spending supermajority rules.
- Erie, the class action fairness act, and some federalism implications of diversity jurisdiction.
- DATA OF THE DEAD: A PROPOSAL FOR PROTECTING POSTHUMOUS DATA PRIVACY.
- Cities, property, and positive externalities.(II. Of Cities, Shopping Malls, and Externalities through Conclusion, with footnotes, p. 236-261)
- Critical Data Theory.(Understanding and Responding to Mass Incarceration)
- Are you breaking some sort of law?: protecting an employee's informal complaints under the Fair Labor Standards Act's anti-retaliation provision.
- Inevitable disclosure through an Internet lens: is the doctrine's demise truly inevitable?
- Encouraging transportation-oriented development in the United States: a case for utilizing "earned as of location" credits to promote strategic economic development.
- On the nature of federal bankruptcy jurisdiction: a general statutory and constitutional theory.
- Pleading guilty without client consent.
- A distributive theory of criminal law.
- Pro-constitutional representation: comparing the role obligations of judges and elected representatives in constitutional democracy.
- The Brandeis gambit: the making of America's 'first freedom,' 1909-1931.
- FIDUCIARY JUDGMENT RULES.
- The dead end of deterrence, and beyond.
- ARTIFICIAL STUPIDITY.
- Political judges and popular justice: a conservative victory or a conservative dilemma?
- Introduction: boundaries of intellectual property symposium.
- Why church and state should be separate.
- The role of aspiration in corporate fiduciary duties.
- ENDANGERED CLAIMS.
- Lawmakers as lawbreakers.
- The procompetitive interest in intellectual property law.
- 'COMPETITION POLICY IN ITS BROADEST SENSE': MICHAEL PERTSCHUK'S CHAIRMANSHIP OF THE FEDERAL TRADE COMMISSION 1977-1981.
- RIGHTS AND REDRESS FOR TRANSGENDER SURVIVORS OF PRISON RAPE: THE FAILURES OF THE PRISON RAPE ELIMINATION ACT.
- Forfeiting trust.
- Leveling the playing field: applying the doctrines of unconscionability and condition precedent to effectuate student-athlete intent under the National Letter of Intent.
- Morality and contract: the question of paternalism.
- Editor's note.
- Theoretical tension and doctrinal discord: analyzing development impact fees as takings.
- Government for hire: privatizing foreign affairs and the problem of accountability under international law.
- Lessons from the rise and (possible) fall of Chinese township-village enterprises.
- The logic of contract in the world of investment treaties.
- Virginia's capital jurors.
- Communis Opinio and the methods of statutory interpretation: interpreting law or changing law.
- Inherency.
- Fiduciary principles and the jury.
- "THE" RULE: MODERNIZING THE POTENT, BUT OVERLOOKED, RULE OF WITNESS SEQUESTRATION.
- Introduction.
- In a federal case, is the state constitution something important or just another piece of paper?
- Expanding participation in Constitution making: challenges and opportunities.
- Judicial departmentalism: an introduction.
- Guilt, innocence, and due process of plea bargaining.
- DIGITAL ASSET REGULATION: PEERING INTO THE PAST, PEERING INTO THE FUTURE.
- A new fulcrum point for city survival.
- Provocation manslaughter as partial justification and partial excuse.
- A wrong step in the right direction: the National Taxpayer Advocate and the 1998 IRS Restructuring and Reform Act.
- Constitutional theory for criminal procedure: Dickerson, Miranda, and the continuing quest for broad-but-shallow.
- DISCLOSURE OF PRIVATE CLIMATE TRANSITION RISKS.
- AFRAID FOR THE DARK: REGULATING LIGHT POLLUTION UNDER THE CLEAN WATER ACT.
- Leaving the Chisholm trail: the Eleventh Amendment and the background principle of strict construction.
- Capping e-discovery costs: a hybrid solution to e-discovery abuse.
- THE GERRYMANDER AND THE CONSTITUTION: TWO AVENUES OF ANALYSIS AND THE QUEST FOR A DURABLE PRECEDENT.
- THE INTEGRITY OF MARRIAGE.
- A problem of standards? Another perspective on secret law.
- Some thoughts about citizen lawyers.
- The litigation finance contract.
- 'Never forget what they did here': civil war pensions for Gettysburg union army veterans and disability in nineteenth-century America.
- Secondary liability for actively inducing patent infringement: which intentions pave the road?
- The commercial difference.
- NEUROSCIENCE AND CRIMINAL JUSTICE: TIME FOR A "COPERNICAN REVOLUTION?"(Imagining the Future of Law and Neuroscience)
- Leave and marriage: the flawed progress of paternity leave in the U.S. military.
- Spandrel or Frankenstein's monster? The vices and virtues of retrofitting in American law.
- Negligence and nuclear nonproliferation: eliminating the current liability barrier to bilateral U.S.-Russian nonproliferation assistance programs.
- INTENT IS ENOUGH: INVIDIOUS PARTISANSHIP IN REDISTRICTING.
- Nonmarket values in family businesses.
- THE ROAD TO HELL IS PAVED WITH GOOD INTENTIONS: DEINSTITUTIONALIZATION AND MASS INCARCERATION NATION.(Understanding and Responding to Mass Incarceration)
- The long distance remand: Florida v. Bostick and the re-awakened bus search battlefront in the war on drugs.
- FOLLOWING OREGON'S TRAIL: IMPLEMENTING AUTOMATIC VOTER REGISTRATION TO PROVIDE FOR IMPROVED JURY REPRESENTATION IN THE UNITED STATES.
- REDISTRICTING TRANSPARENCY.
- PROVING COPYING.
- A Constitution of collaboration: protecting fundamental values with second-look rules of interbranch dialogue.
- Sleight of hand.
- THE TRUMP IMPEACHMENTS: LESSONS FOR THE CONSTITUTION, PRESIDENTS, CONGRESS, JUSTICE, LAWYERS, AND THE PUBLIC.
- Outtakes, hidden cameras, and the First Amendment: a reporter's privilege.
- The vote from beyond the grave.
- ACCIDENTS AND AGGREGATES.
- The costs of easy victory.
- The citizen lawyer.
- Depoliticizing financial regulation.
- THE INTERNET OF BODIES.
- Drugs for the indigent: a proposal to revise the 340B drug pricing program.
- Barking up the wrong tree: the misplaced furor over the Feeney Amendment as a threat to judicial independence.
- The common law of war.
- The beginning of the end: using Ohio's plan to eliminate juvenile solitary confinement as a model for statutory elimination of juvenile solitary confinement.
- St. George Tucker and the legacy of slavery.
- The rhetoric of constitutional absolutism.
- PROPHYLACTIC REDISTRJCTING? CONGRESS' SECTION 5 POWER AND THE NEW EQUAL PROTECTION RIGHT TO VOTE.
- DOMESTIC MILITARY DEPLOYMENTS AFTER TRUMP V. UNITED STATES.
- Corporate governance in the courtroom: an empirical analysis.
- Discrimination and outrage: the migration from civil rights to tort law.
- BOARD GENDER DIVERSITY: A PATH TO ACHIEVING SUBSTANTIVE EQUALITY IN THE UNITED STATES.
- Unfulfilled expectations: an empirical analysis of why Sarbanes-Oxley whistleblowers rarely win.
- THE (LIMITED) CONSTITUTIONAL RIGHT TO COMPETE IN AN OCCUPATION.
- Ex tempore contracting.
- Rehabilitative employees and the National Labor Relations Act.
- Jury ignorance and political ignorance.
- The diaspora of ethnic economies: beyond the pale?
- Rolling the 'barrel' a little further: allowing res ipsa loquitur to assist in proving strict liability in tort manufacturing defects.
- New problems for subsidized speech.
- FINE(ING) WINE: CHALLENGING DIRECT-SHIPMENT LICENSING FEES ON DORMANT COMMERCE CLAUSE GROUNDS.
- The derivative nature of corporate constitutional rights.
- A fiscal Constitution with supermajority voting rules.
- Incapacitating the state.
- Voter knowledge and constitutional change: assessing the New Deal experience.
- Unlocking the power of state constitutions with equal protection: the first step toward education as a federally protected right.
- The mythic 43 million Americans with disabilities.
- The Right to a Nuisance-Free Public Education.(Brown v. Board of Education at 70)
- Criminal innovation and the warrant requirement: reconsidering the rights-police efficiency trade-off.
- John Marshall through the eyes of an admirer: John Quincy Adams.
- An empirical study of implicit takings.
- Protecting privacy to prevent discrimination.
- Betting on the wrong horse: the detrimental effect of noncompliance in the Internet gambling dispute on the General Agreement on Trade in Services (GATS).
- John Levy: civil libertarian, ethics-guru, teacher, mentor, and man.
- Speech, intent, and the chilling effect.(Introduction to II. Rough Judgment: The Speculative Chilling Effect A. Overinclusiveness 1. Specific-Intent Requirements, p. 1633-1662)
- A difficult question in deed: a cost-benefit framework for titling programs.
- The second dimension of the Supreme Court.
- Conflicting property rights between conservation easements and oil and gas leases in Ohio: why current law could benefit conservation efforts.
- THE UNIFIED FIELD SOLUTION TO THE BATTLE OF THE FORMS UNDER THE U.N. SALES CONVENTION.
- On the evasion of executive term limits.
- MANUFACTURING SOVEREIGN STATE MOOTNESS.
- Conceptual gulfs in City of Boerne v. Flores.
- The equal protection implications of government's hateful speech.
- ATOMISTIC ANTITRUST.
- Freedom from persecution or protection of the rights of conscience? A critique of Justice Scalia's historical arguments in City of Boerne v. Flores.
- Exploring the boundaries of Obergefell.
- Counting guns in early America.
- Viewing unconscionability through a market lens.
- Technologies of control and the future of the First Amendment.
- National security information disclosures and the role of intent.
- ABSURD OVERLAP: SNAP REMOVAL AND THE RULE OF UNANIMITY.
- Possession is nine tenths of the law: but who really owns a church's property in the wake of a religious split within a hierarchical church?
- Tragic rights: the rights critique in the age of Obama.
- Can Erie survive as federal common law.
- CONGRESSIONAL OVERSIGHT OF MODERN WARFARE: HISTORY, PATHOLOGIES, AND PROPOSALS FOR REFORM.
- THE EARLY EIGHT AND THE FUTURE OF CONSUMER LEGAL ACTIVISM TO FIGHT MODERN-DAY SLAVERY IN CORPORATE SUPPLY CHAINS.
- Taking teacher quality seriously.
- THE THEORY AND PRACTICE OF CONTESTATORY FEDERALISM.
- PLEADING PATENT INFRINGEMENT: RES IPSA LOQUITUR AS A GUIDE.
- THE QUALITATIVE FOURTH AMENDMENT: THE CASE FOR A REFINED, INFORMATION-FOCUSED APPROACH TO FOURTH AMENDMENT CASES INVOLVING NONTRESPASSORY GOVERNMENT SURVEILLANCE.
- What's it worth? Jury damage awards as community judgments.
- CERCLA's mistakes.
- The economics of deal risk: allocating risk through MAC clauses in business combination agreements.
- 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)
- Judges as altruistic hierarchs: 2001 George C. Wythe Lecture.
- The delicate art of balance - ruminations on change and expectancy in local land use.
- Gimme shelter: does the Fair Housing Amendments Act of 1988 require accommodations for the financial circumstances of the disabled?
- Mitigating the impact of Title VII's new retaliation standard: the Americans with Disabilities Act after University of Texas Southwestern Medical Center v. Nassar.
- FOUR WAYS TO DECONSTRUCT REGULATION AND UNDERMINE DEMOCRACY IN THE STATES.
- Congressional silence and the statutory interpretation game.
- Wireless facilities are a towering problem: how can local zoning boards make the call without violating section 704 of the Telecommunications Act of 1996?
- The structural role of private enforcement mechanisms in public law.
- How to survive a terrorist attack: the Constitution's majority quorum requirement and the Continuity of Congress.
- Religion at a public university.
- An outcomes analysis of scope of review standards.
- The empire of illness: competence and coercion in health-care decision making.
- Is guilt dispositive? Federal habeas after Martinez.
- Evidence myopia: the failure to see the Federal Rules of Evidence as a codification of the common law.
- Criminal innovation and the warrant requirement: reconsidering the rights-police efficiency trade-off.
- WICKARD THROUGH AN ANTITRUST LENS.
- The mechanics of First Amendment audience analysis.
- Settling the long war: alternative dispute resolution and the War on Terror.
- A jury of one's peers: Virginia's restoration of rights process and its disproportionate effect on the African American community.
- THE MORALITY OF FIDUCIARY LAW.
- TAX LAWYERS AS TAX INSURANCE.
- Producing speech.
- Copyrighting the 'useful art' of couture: expanding intellectual property protection for fashion designs.
- THE NIGHTMARE OF DREAM ADVERTISING.
- A TRANSFORMATIVE STANDARD FOR TRANSFORMATIVE TIMES: PROTECTING STUDENT-ATHLETE SPEECH IN THE ERA OF NAME, IMAGE, AND LIKENESS.
- Instant runoff voting: a cure that is likely worse than the disease.
- The sixties shift to formal equality and the courts: an argument for pragmatism and politics.
- REINVIGORATING CRIMINAL ANTITRUST?
- Procedural justice: tempering the state's response to domestic violence.
- WITHHOLDING INJUNCTIONS IN COPYRIGHT CASES: IMPACTS OF EBAY.
- A new deal for end users? Lessons from a French innovation in the regulation of interoperability.
- Legal determinacy and moral justification.
- PAYING FOR THE PRIVILEGE OF PUNISHMENT: REINTERPRETING EXCESSIVE FINES CLAUSE DOCTRINE TO ALLOW STATE PRISONERS TO SEEK RELIEF FROM PAY-TO-STAY FEES.
- Determining the intended beneficiaries of the ADA in the aftermath of Sutton: limiting the application of the disabling corrections corollary.
- Congress' treaty-implementing power in historical practice.
- POLITICAL FAIR USE.
- Distinguishing lost profits from reasonable royalties.
- Introduction: reconstructing liberalism.
- The team production theory of corporate law: a critical assessment.
- Owning digital copies: copyright law and the incidents of copy ownership.