William and Mary Law Review - 2005
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- The Supreme Court and foreign sources of law: two hundred years of practice and the juvenile death penalty decision.
- Patent claim interpretation methodologies and their claim scope paradigms.
- In a federal case, is the state constitution something important or just another piece of paper?
- Recalling why corporate officers are fiduciaries.
- Dual constitutions and constitutional duels: separation of powers and state implementation of federally inspired regulatory programs and standards.
- Interjurisdictional enforcement of rights in a post-Erie world.
- The dubious origins and dangers of clawback and quick-peek agreements: an argument against their codification in the Federal Rules of Civil Procedure.
- Disparate impact: looking past the Desert Palace mirage.
- Weighing in on the wine wars: what the European Union can teach us about the direct shipment controversy.
- Government for hire: privatizing foreign affairs and the problem of accountability under international law.
- Inherency.
- The manager's share.
- Legislating accountability: standards, sanctions, and school district reform.
- The promise of Internet intermediary liability.
- White-collar plea bargaining and sentencing after Booker.
- Making federalism doctrine: fidelity, institutional competence, and compensating adjustments.
- Bridging the enforcement gap in constitutional law: a critique of the Supreme Court's theory that self-restraint promotes federalism.
- Sex, politics, and morality.
- In defense of the no further inquiry rule: a response to professor John Langbein.
- The discourse of law in time of war: politics and professionalism during the Civil War and Reconstruction.
- Banging on the backdoor draft: the constitutional validity of stop-loss in the military.
- An appeal to equity: why bankruptcy courts should resort to equitable powers for latitude in their interpretation of 'interests' under Section 363(F) of the Bankruptcy Code.
- Storming the castle to save the children: the ironic costs of a child welfare exception to the Fourth Amendment.
- A devil disguised as a corporate angel? Questioning corporate charitable contributions to 'independent' directors' organizations.
- AEDPA deference and the undeveloped state factual record: Monroe v. Angelone and new evidence.
- Appraising a presumption: a modern look at the doctrine of specific performance in real estate contracts.
- A jury of one's peers: Virginia's restoration of rights process and its disproportionate effect on the African American community.
- Foreword: the new frontier of state constitutional law.
- The state and the federal courts in governance: vive la difference!(Dual Enforcement of Constitutional Norms)
- The future of parity.
- Instant runoff voting: a cure that is likely worse than the disease.
- Legal realism as theory of law.
- State courts adopting federal constitutional doctrine: case-by-case adoptionism or prospective lockstepping?
- Remarks of Chief Justice William H. Rehnquist.
- Whose Constitution is it? Why federalism and constitutional positivism don't mix.
- Cool federalism and the life-cycle of moral progress.
- Fraud on the market: short sellers' reliance on market price integrity.
- Apportioning the risk of delay in construction projects: a proposed alternative to the inadequate 'no damages for delay' clause.
- Preparing for 2006: a constitutional argument for closing the 527 soft money loophole.