William and Mary Law Review - 2002
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The random muse: authorship and indeterminacy.
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Law as largess: shifting paradigms of law for the poor.
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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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Expedited removal and discrimination in the asylum process: the use of humanitarian aid as a political tool.
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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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In need of enlightenment: the International Trade Commission's misguided analysis in sunset reviews.
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A judge for all seasons.
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Spinning in a hot IPO: breach of fiduciary duty or business as usual?
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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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The team production theory of corporate law: a critical assessment.
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The radical possibility of limited community-based interpretation of the Constitution.
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Judicial review of administrative policymaking. .
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Stare decisis, Chevron, and Skidmore: do administrative agencies have the power to overrule courts?
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Ties in the Supreme Court of the United States.
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Some alarming aspects of the legacies of judicial review and of John Marshall.
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Confusion and solution: Chapter 11 bankruptcy trustee's standard of care for personal liability.
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Judges as altruistic hierarchs: 2001 George C. Wythe Lecture.
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Yet another constitutional crisis?
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Disability harassment in the public schools.
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John Marshall: remarks of October 6, 2000.
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An outcomes analysis of scope of review standards.
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Procedural justice: tempering the state's response to domestic violence.
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Outlaws and outlier doctrines: the serious misconduct bar in tort law.
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John Marshall through the eyes of an admirer: John Quincy Adams.
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Putting the plaintiff class' needs in the lead: reforming class action litigation by extending the lead plaintiff provision of the Private Securities Litigation Reform Act.
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Commercial activity and charitable tax exemption.
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Counting guns in early America.
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Judicial review and institutional choice.
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Judicial power in the constitutional theory of James Madison.
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Why premerger review needed reform, and still does.
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A proposed antitrust approach to high technology competition.
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Easing the spring: strict scrutiny and affirmative action after the redistricting cases: 2001 Cutler Lecture.
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Congressional power over presidential elections: lessons from the past and reforms for the future.
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John Marshall, McCulloch v. Maryland, and 'we the people': revisions in need of revising.
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The Legislator-in-Chief.
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The lives of John Marshall.
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The stumbling block: freedom, rationality, and legal scholarship.
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Preparing for the clothed public square: teaching about religion, civic education, and the Constitution.
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The use that the future makes of the past: John Marshall's greatness and its lessons for today's Supreme Court Justices.
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Determining the intended beneficiaries of the ADA in the aftermath of Sutton: limiting the application of the disabling corrections corollary.
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Taking behavioralism too seriously? The unwarranted pessimism of the new behavioral analysis of law.