William and Mary Law Review - 2000

Enterpreting agency enabling acts: misplaced metaphors in administrative law.
Drowning in a sea of contract: application of the economic loss rule to fraud and negligent misrepresentation claims.
As mandatory binding arbitration meets the class action, will the class action survive?
Regulating corporate human rights abuses: is Unocal the answer?
Pharmaceutical dispensing in the 'wild west': advancing health care and protecting consumers through the regulation of online pharmacies.
The dead end of deterrence, and beyond.
Tribute to Tom Collins.
Wake up and smell the contraband: why courts that do not find probable cause based on odor alone are wrong.
Humanitarian intervention at a crossroads.
Are you breaking some sort of law?: protecting an employee's informal complaints under the Fair Labor Standards Act's anti-retaliation provision.
The people made me do it: can the people of the states instruct and coerce their state legislatures in the Article V constitutional amendment process?
The myth of extraconstitutional foreign affairs power.
On the nature of federal bankruptcy jurisdiction: a general statutory and constitutional theory.
The easy case for derivatives use: advocating a corporate fiduciary duty to use derivatives.
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?
Good intentions, but unintended consequences: expanding Virginia's manufacturing tax exemption.
Recalibrating the cost of harm advocacy: getting beyond Brandenburg.
Rethinking the history of American freedom
A wrong step in the right direction: the National Taxpayer Advocate and the 1998 IRS Restructuring and Reform Act.
Alden v. Maine and the jurisprudence of structure.
Definite articles: using the law review article type indicator (R) to make law review publishing decisions.
Depoliticizing financial regulation.
eciding to decide: class action certification and interlocutory review by the United States Courts of Appeals under Rule 23(f).
Reconsidering the legality of humanitarian intervention: lessons from Kosovo.
Federalism and foreign affairs: Congress' power to 'define and punish ... offenses against the law of nations'.
A strategy for mercy.
Rethinking patent law in the administrative state.
Promises and paternalism.
Judicial review and the Small Business Regulatory Enforcement Fairness Act: an early examination of when and where judges are federal regulatory agencies.
Fetal homicide: woman or fetus as victim? A survey of current state approaches and recommendations for future state application.
The transformation of the American civil trial: the silent judge.
Tribute.
Forensic constitutional interpretation.
Introduction.
Misconceived laws: the irrationality of parental involvement requirements for contraception.
Empowering stakeholders; limits on collaboration as the basis for flexible regulation.
Implied-in-fact contracts under the Federal Acquisition Regulation: why PacOrd got it wrong.