William and Mary Law Review - 1998
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Psychiatric evidence in criminal trials: to junk or not to junk?
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Justice in plea bargaining.
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ERISA Section 104(b)(4): what documents do employees have a right to demand from their employers?
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An economic analysis of damages rules in intellectual property law.
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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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Internal Revenue Code section 1259: a legitimate foundation for taxing short sales against the box or a mere makeover?
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From horse trading to insider trading: the historical antecendents of the insider trading debate.
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Bargaining in the shadow of love: the enforcement of premarital agreements and how we think about marriage.
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The current state of the peremptory challenge.
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The paradox of hope: the crime and punishment of domestic violence.
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RFRA.
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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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Why the Congress was wrong and the Court was right - reflections on City of Boerne v. Flores.
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The Religious Freedom Restoration Act is a constitutional expansion of rights.
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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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How not to challenge the Court.
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Two versions of judicial supremacy.
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Tribute: eulogy, William B. Sprong, Jr., United States Senator (1966-1973), Dean of the College of William and Mary School of Law (1976-1985).
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The sixties shift to formal equality and the courts: an argument for pragmatism and politics.
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The rotten foundations of securitization.
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The flawed economics of the dormant Commerce Clause.
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The 'dirty little secret': why class actions have emerged as the only viable option for women inmates attempting to satisfy the subjective prong of the Eighth Amendment in suits for custodial sexual abuse.
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Law, language, and lenity.
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'Arranger liability' under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): judicial retreat from legislative intent.
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Justice O'Connor's dilemma: the baseline question.
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The free exercise of religion after the fall: the case for intermediate scrutiny.
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The federalism implications of Flores.
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Judicial supremacy and the settlement function.
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Ad hoc adjudication: People v. Champion, another confusing element in the turmoil following Minnesota v. Dickerson.
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The attorney-client privilege for in-house counsel when negotiating contract.
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Conceptual gulfs in City of Boerne v. Flores.
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The Constitution in Congress: Jefferson and the West, 1801-1809.
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Two section twos and two section fives: voting rights and remedies after Flores.
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Losing Jerusalem - RFRA and the vocation of legal crusader.
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City of Boerne v. Flores: a landmark for structural analysis.
