William and Mary Law Review - 2006

Eliminating the intent requirement in constructive discharge cases: Pennsylvania State Police v. Suders.
Not just a minimum income policy for physicians: the need for good faith and fair dealing in physician deselection disputes.
Medicaid and the enforceable right to receive medical assistance: The need for a definition of 'medical assistance'.
The news media's influence on criminal justice policy: how market-driven news promotes punitiveness.
Constitutional lessons for the next generation of public single-sex elementary and secondary schools.
Ratification of Kyoto aside: how international law and market uncertainty obviate the current U.S. approach to climate change emissions.
Universes colliding: the constitutional implications of arbitral class actions.
Protecting our children and the constitution: an analysis of the 'virtual' child pornography provisions of the Protect Act of 2003.
Improving prosecutorial decision making: some lessons of cognitive science.
The demise of federal takings litigation.
St. George Tucker and the Second Amendment: original understandings and modern misunderstandings.
Negligence and nuclear nonproliferation: eliminating the current liability barrier to bilateral U.S.-Russian nonproliferation assistance programs.
Exactions and burden distribution in takings law.
Dumbo's feather: an examination and critique of the Supreme Court's use, misuse, and abuse of tradition in protecting fundamental rights.
The dragon St. George could not slay: Tucker's plan to end slavery.
Transforming society through law: St. George Tucker, women's property rights, and an active republican judiciary.
Toward a new model of consumer protection: the problem of inflated transaction costs.
Haunted by history: colonial land trusts pose national threat.
The procompetitive interest in intellectual property law.
Corporate speech, securities regulation, and an institutional approach to the First Amendment.
St. George Tucker and the limits of states' rights constitutionalism: understanding the federal compact in the early republic.
The elephant in the courtroom: litigating the premerger fix in Arch Coal and beyond.
Marriage mimicry: the law of domestic violence.
St. George Tucker and the legacy of slavery.
Editor's note.
The diversity rationale for affirmative action in employment after Grutter: the case for containment.
From bricks to pajamas: the law and economics of amateur journalism.
Foreword: The legacy of St. George Tucker.
Guideline institutionalization: the role of merger guidelines in antitrust discourse.
'So I says to 'the guy,' I says ...': the constitutionality of neutral pronoun redaction in multidefendant criminal trials.
Federalism, positive law, and the emergence of the American administrative state: prohibition in the Taft Court era.
How to survive a terrorist attack: the Constitution's majority quorum requirement and the Continuity of Congress.
St. George Tucker's law papers.
Reconsidering the law of democracy: of political questions, prudence, and the judicial role.
Let the jury do the waive: how Apprendi v. New Jersey applies to juvenile transfer proceedings.
'Tucker's rule': St. George Tucker and the limited construction of federal power.
The political economy of application fees for indigent criminal defense.
Inefficient customs in international law.
Democratizing the administrative state.