William and Mary Law Review
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Morality and contract: the question of paternalism.
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Rolling the 'barrel' a little further: allowing res ipsa loquitur to assist in proving strict liability in tort manufacturing defects.
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Coercing privacy.
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'Public service must begin at home': the lawyer as civics teacher in everyday practice.
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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 Hershey Trust's quest to diversify: redefining the state Attorney General's role when charitable trusts wish to diversify.
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Imitation is the sincerest form of ... infringement? Guitar tabs, fair use, and the Internet.
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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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Making federalism doctrine: fidelity, institutional competence, and compensating adjustments.
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Medicaid and the enforceable right to receive medical assistance: The need for a definition of 'medical assistance'.
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Structural review, pseudo-second-look decision making, and the risk of diluting constitutional liberty.
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Producing speech.
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Revisiting the impact of judicial review on agency rulemakings: an empirical investigation.
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Admiralty and federalism in the wake of Yamaha Motor Corp., USA v. Calhoun: is Yamaha a cry by the judiciary for legislative action in state territorial waters?
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TAKING VIRTUAL REPRESENTATION SERIOUSLY.
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The restyled Federal Rules of Evidence.
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THE GUIDING HAND OF COUNSEL, FOR A PRICE: JUVENILE PUBLIC DEFENDER FEES AND THEIR EFFECTS.
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COURTS, CULTURE, AND THE LETHAL INJECTION STALEMATE.
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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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Negligent hiring and the information age: how state legislatures can save employers from inevitable liability.
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The changing guard of patent law: Chevron deference for the PTO.
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Auctioning class settlements.
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Legal ignorance and information-forcing rules.
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Solving Batson.
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THE AUTHORITY OF INTERNATIONAL REFUGEE LAW.
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A new fulcrum point for city survival.
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PATENT PRIOR ART AND POSSESSION.
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The local law of global antitrust.
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Globalization and structure.
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NO-FAULT DIGITAL PLATFORM MONOPOLIZATION.
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Why now is not the time for constitutional amendment: the limited reach of City of Boerne v. Flores.
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Scope.
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On the nature of federal bankruptcy jurisdiction: a general statutory and constitutional theory.
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ACCIDENTS AND AGGREGATES.
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The easy case for derivatives use: advocating a corporate fiduciary duty to use derivatives.
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The political economy of application fees for indigent criminal defense.
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Of state laboratories and legislative alloys: how 'fair share' laws can be written to avoid ERISA preemption and influence private sector health care reform in America.
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Constitutional lessons for the next generation of public single-sex elementary and secondary schools.
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Preserving republican governance: an essential government functions exception to direct democratic measures.
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The case for strict statutory construction of mandatory agency deadlines under section 706(1).
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National security information disclosures and the role of intent.
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Encouraging transportation-oriented development in the United States: a case for utilizing "earned as of location" credits to promote strategic economic development.
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Parting the dark money sea: exposing politically active tax-exempt groups through FEC-IRS hybrid enforcement.
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Incapacitating the state.
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Regulating drones under the First and Fourth Amendments.
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NCAA and the rule of reason: analyzing improved education quality as a procompetitive justification.
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THE CASE OF THE RELIGIOUS GAY BLOOD DONOR.
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Tinker-ing with speech categories: solving the off-campus student speech problem with a categorical approach and a comprehensive framework.
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Depoliticizing financial regulation.
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How not to challenge the Court.
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The beginning of the end: using Ohio's plan to eliminate juvenile solitary confinement as a model for statutory elimination of juvenile solitary confinement.
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Communis Opinio and the methods of statutory interpretation: interpreting law or changing law.
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THE INTERNET OF BODIES.
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The dubious origins and dangers of clawback and quick-peek agreements: an argument against their codification in the Federal Rules of Civil Procedure.
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What's guilt (or deterrence) got to do with it? The death penalty, ritual, and mimetic violence.
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FINE(ING) WINE: CHALLENGING DIRECT-SHIPMENT LICENSING FEES ON DORMANT COMMERCE CLAUSE GROUNDS.
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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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Katz cradle: holding on to Fourth Amendment parity in an age of evolving electronic communication.
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The mechanics of First Amendment audience analysis.
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FIDUCIARY JUDGMENT RULES.
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William & Mary Law Review.
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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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Federalism and foreign affairs: Congress' power to 'define and punish ... offenses against the law of nations'.
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Waiver of the right to appeal sentencing in plea agreements with the federal government.
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Why plea bargains are not confessions.
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Agencies running from agency discretion.
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The logic of contract in the world of investment treaties.
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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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A judge for all seasons.
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PROPHYLACTIC REDISTRJCTING? CONGRESS' SECTION 5 POWER AND THE NEW EQUAL PROTECTION RIGHT TO VOTE.
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Rethinking patent law in the administrative state.
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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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Can public debt enhance democracy?
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Training for bargaining.
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Self-realizing inventions and the utilitarian foundation of patent law.
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The federal common law of statutory interpretation: Erie for the age of statutes.
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ATOMISTIC ANTITRUST.
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Legislating preemption.
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Will, judgment, and economic liberty: Mr. Justice Souter and the mistranslation of the Due Process Clause.
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Adjudication and the problems of incommensurability.
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Dicta, schmicta: theory versus practice in lower court decision making.
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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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How to survive a terrorist attack: the Constitution's majority quorum requirement and the Continuity of Congress.
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Precedent or problem? Alameda County's diversion policy for youth charged with prostitution and the case for a policy of immunity.
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An empirical study of implicit takings.
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Law's dark matter.
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Stare decisis, Chevron, and Skidmore: do administrative agencies have the power to overrule courts?
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Drugs for the indigent: a proposal to revise the 340B drug pricing program.
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The morality of property.
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Securitizing audit failure risk: an alternative to caps on damages.
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Gaps, inexperience, inconsistencies, and overlaps: crisis in the regulation of genetically modified plants and animals.
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TO THINE OWN SELF BE TRUE? INCENTIVE PROBLEMS IN PERSONALIZED LAW.
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THERE'S NO SUCH THING AS INDEPENDENT CREATION, AND IT'S A GOOD THING, TOO.
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Tort experiments in the laboratories of democracy.
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A pattern-oriented approach to fair use.
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The changing guard of patent law: Chevron deference for the PTO.
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The citizen lawyer.
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Windsor beyond marriage: due process, equality & undocumented immigration.
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Why Congress does not challenge judicial supremacy.
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Reasonable accommodation of workplace disabilities.
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UNITED STATES ANTITERROR LAW IS MISSING THE MARK: CHANGING THE MATERIAL SUPPORT STATUTE TO HIT THE TARGET.
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Reflections on the future of the legal academy.
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Leveling the playing field: applying the doctrines of unconscionability and condition precedent to effectuate student-athlete intent under the National Letter of Intent.
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Foreword: The legacy of St. George Tucker.
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TAKING SHELTER UNDER THE FOURTH AMENDMENT: THE CONSTITUTIONALITY OF POLICING METHODS AT STATE-SPONSORED NATURAL DISASTER SHELTERS.
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Behind bars: are corporate counsel captive to state licensure?
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John Levy - friend, mentor and inspiration.
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An empirical study of implicit takings.
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Presidential constitutionalism and civil rights.
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QUALIFIED KNOWLEDGE: THE CASE FOR CONSIDERING ACTUAL KNOWLEDGE IN QUALIFIED IMMUNITY JURISPRUDENCE AS IT RELATES TO THE FIRST AMENDMENT RIGHT TO RECORD.
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The purposes of lawyer discipline.
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Statutory inflation and institutional choice.
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Guideline institutionalization: the role of merger guidelines in antitrust discourse.
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Moral reasons and the limitation of liberty.
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Betting on the wrong horse: the detrimental effect of noncompliance in the Internet gambling dispute on the General Agreement on Trade in Services (GATS).
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PLATFORM IMMUNITY REDEFINED.
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The transformative Twelfth Amendment.
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The theocratic challenge to Constitution drafting in post-conflict states.
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NEUROSCIENCE, CRIMINAL SENTENCING, AND HUMAN RIGHTS.
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White-collar plea bargaining and sentencing after Booker.
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PREGNANCY AS A NORMAL CONDITION OF EMPLOYMENT: COMPARATIVE AND ROLE-BASED ACCOUNTS OF DISCRIMINATION.
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The transformative Twelfth Amendment.
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As mandatory binding arbitration meets the class action, will the class action survive?
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Constitution making after national catastrophes: Germany in 1949 and 1990.
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COLLECTIVE COGNITIVE CAPITAL.
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The moral impossibility of contract.
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Contributory disparate impacts in employment discrimination law.
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FROM EDUCATIONAL ADEQUACY TO REPRESENTATIONAL ADEQUACY: A NEW TEMPLATE FOR LEGAL ATTACKS ON PARTISAN GERRYMANDERS.
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A comparative look at plea bargaining in Australia, Canada, England, New Zealand, and the United States.
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PATERNALISM, TOLERANCE, AND ACCEPTANCE: MODELING THE EVOLUTION OF EQUAL PROTECTION IN THE CONSTITUTIONAL CANON.
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Suitable for framing: business deductions in a net income tax system.
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Law, language, and lenity.
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Introductory remarks: criminal law panel.
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Beyond Morrison: the effect of the "presumption against extraterritoriality" and the transactional test on foreign tender offers.
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The migratory bird rule after Lopez: questioning the value of state sovereignty in the context of wetland regulation.
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Treating the pen and the sword as constitutional equals: how and why the Supreme Court should apply its First Amendment expertise to the great Second Amendment debate.
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DISCLOSURE OF PRIVATE CLIMATE TRANSITION RISKS.
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Political judging: when due process goes international.
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The test for seaman status: the Supreme Court muddies the waters again.
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Is guilt dispositive? Federal habeas after Martinez.
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The real constitutional problem with state judicial selection: due process, judicial retention, and the dangers of popular constitutionalism.
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The random muse: authorship and indeterminacy.
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Leaving the Chisholm trail: the Eleventh Amendment and the background principle of strict construction.
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The state and the federal courts in governance: vive la difference!(Dual Enforcement of Constitutional Norms)
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On castles and commerce: zoning law and the home-business dilemma.
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CERCLA's mistakes.
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Reconsidering the law of democracy: of political questions, prudence, and the judicial role.
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No good deed goes unpunished? Establishing a self-evaluate privilege for corporate internal investigations.
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The neglected value of the legislative privilege in state legislatures.
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The Brandeis gambit: the making of America's 'first freedom,' 1909-1931.
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Connecting the dots: Grutter, school desegregation, and federalism.
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Systemic lying.
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Tortured prosecuting: closing the gap in Virginia's criminal code by adding a torture statute.
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Cities, property, and positive externalities.
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Of textualism, party autonomy, and good faith.
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What to do with Daubert: how to bring standards of reliable scientific evidence to the national vaccine injury compensation program.
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Regulatory takings and the original understanding of the takings clause.
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Dead men bring no claims: how takings claims can provide redress for real property owning victims of Jim Crow race riots.
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The derivative nature of corporate constitutional rights.
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Procrastination, deadlines, and statutes of limitation.
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A new deal for end users? Lessons from a French innovation in the regulation of interoperability.
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Personal curtilage: Fourth Amendment security in public.
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When are constitutional rights non-absolute? McCutcheon, conflicts, and the sufficiency question.
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Estop in the name of love: a case for constructive marriage in Virginia.
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Technological evolution and the devolution of corporate financial reporting.
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SOCIAL VALUE ORIENTATION AND THE LAW.
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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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Congressional silence and the statutory interpretation game.
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DATA OF THE DEAD: A PROPOSAL FOR PROTECTING POSTHUMOUS DATA PRIVACY.
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The Federal Circuit as a federal court.
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THE FUTURE OF COLLEGE SPORTS AFTER ALSTON: REFORMING THE NCAA VIA CONDITIONAL ANTITRUST IMMUNITY.
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Fidelity, basic liberties, and the specter of Lockner.
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FUNCTIONAL CORPORATE KNOWLEDGE.
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As if it had never happened.
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Freedom from persecution or protection of the rights of conscience? A critique of Justice Scalia's historical arguments in City of Boerne v. Flores.
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How the new economics can improve employment discrimination law, and how economics can survive the demise of the 'rational actor'.
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The structural role of private enforcement mechanisms in public law.
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The radical possibility of limited community-based interpretation of the Constitution.
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Religion, democracy, and autonomy: a political parable.
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Scope.
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State courts adopting federal constitutional doctrine: case-by-case adoptionism or prospective lockstepping?
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PEREIRA'S AFTERSHOCKS.
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Still a solution: in further support of spending supermajority rules.
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Exactions and burden distribution in takings law.
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Avoiding another Eldorado: balancing parental liberty and the risk of error with governmental interest in the well-being of children in complex cases of child removal.
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WHY RAPE SHOULD BE A FEDERAL CRIME.
