William and Mary Law Review
- CIVIL RIGHTS WITHOUT REPRESENTATION.
- EMERGING TECHNOLOGY'S LANGUAGE WARS: CRYPTOCURRENCY.
- 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.
- Explaining the Supreme Court's shrinking docket.
- 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.
- Basing budget baselines.
- 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.
- 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.
- Not so meaningful anymore: why a law library is required to make a prisoner's access to the courts meaningful.
- 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.
- Negligence and nuclear nonproliferation: eliminating the current liability barrier to bilateral U.S.-Russian nonproliferation assistance programs.
- 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.
- A distributive theory of criminal law.
- The role of moral philosophers in the competition between deontological and empirical desert.
- 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.
- ARTIFICIAL STUPIDITY.
- Political judges and popular justice: a conservative victory or a conservative dilemma?
- Why the Congress was wrong and the Court was right - reflections on City of Boerne v. Flores.
- Introduction: boundaries of intellectual property symposium.
- Why church and state should be separate.
- THE CAUSES AND CONSEQUENCES OF GERRYMANDERING.
- The zombie First Amendment.
- The role of aspiration in corporate fiduciary duties.
- ENDANGERED CLAIMS.
- Lawmakers as lawbreakers.
- Fiduciary principles and the jury.
- In a federal case, is the state constitution something important or just another piece of paper?
- 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.
- JURISDICTIONAL IDEALISM AND POSITIVISM.
- 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.
- The hidden legacy of Holy Trinity Church: the unique national institution canon.
- DECOMMODIFYING CULTURAL HERITAGE: A LINGUISTIC UNPACKING OF "CULTURAL PROPERTY".
- 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.
- Escaping a rigid analysis: the shift to a fact-based approach for crime of violence inquiries involving escape offenses.
- The federal common law of statutory interpretation: Erie for the age of statutes.(Introduction to II. Some Proof That Statutory Interpretation Methodology Is Not Understood as "Law" C. Some State Courts Do Not Deem Themselves Bound by Federal Interpretive Principles When Interpreting Federal Statutes, p. 753-780)
- COURTS, CULTURE, AND THE LETHAL INJECTION STALEMATE.
- A new fulcrum point for city survival.
- Provocation manslaughter as partial justification and partial excuse.
- DOMESTIC MILITARY DEPLOYMENTS AFTER TRUMP V. UNITED STATES.
- Corporate governance in the courtroom: an empirical analysis.
- 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.
- 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.
- 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.
- STIGMA IN THE STATUTE: WHEN THE LANGUAGE OF THE LAW INJURES.
- ACCIDENTS AND AGGREGATES.
- The citizen lawyer.
- Depoliticizing financial regulation.
- THE INTERNET OF BODIES.
- 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.
- 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.
- 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)
- Why data privacy law is (mostly) constitutional.
- When All Else Fails: The Doctrine of Foreign Equivalents as a Bar to Cultural Misappropriation.
- CRISIS? WHOSE CRISIS?
- Much ado about nothing: signing statements, vetoes, and presidential constitutional interpretation.
- Stare decisis, Chevron, and Skidmore: do administrative agencies have the power to overrule courts?
- TAX COLLECTORS FOR FAIR ADMISSIONS: ADVANCING STATE-LEVEL TAX INCENTIVES TO CURB LEGACY ADMISSIONS.
- Harmonizing the exclusionary rights of patents with compulsory licensing.
- ANOTHER BITE AT THE APPLE OR THE SAME BITE? CHARACTERIZING HABEAS PETITIONS ON APPEAL AS PENDING INSTEAD OF FULLY ADJUDICATED.
- More than IP: trademark among the consumer information laws.
- 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.
- Scope.
- 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.
- Remarks of Chief Justice William H. Rehnquist.
- ABSURD OVERLAP: SNAP REMOVAL AND THE RULE OF UNANIMITY.
- REPLACING THE FLAWED CHEVRON STANDARD.
- 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?
- 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.
- CONSTITUTIONAL INJURY AND TANGIBILITY.
- The insurance policy as social instrument and social institution.
- General law in federal court.
- Rethinking drug inadmissibility.
- The promise of Internet intermediary liability.
- THE DOMAINS OF LOYALTY: RELATIONSHIPS BETWEEN FIDUCIARY OBLIGATION AND INTRINSIC MOTIVATION.
- The new Massachusetts health law: preemption and experimentation.
- 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.
- Viewing unconscionability through a market lens.
- Fraud on the market: short sellers' reliance on market price integrity.
- A critical guide to Erie Railroad Co. v. Tompkins.
- 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?