William and Mary Law Review - 2007
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- The morality of property.
- Estop in the name of love: a case for constructive marriage in Virginia.
- Bias on the bench: raising the bar for U.S. immigration judges to ensure equality for asylum seekers.
- Looking forward while looking back: using debtors' post-petition financial changes to find bankruptcy abuse after BAPCPA.
- The price of misdemeanor representation.
- Keep out of MySpace!: protecting students from unconstitutional suspensions and expulsions.
- A products liability theory for the judicial regulation of insurance policies.
- Rolling over borrowers: preventing excessive refinancing and other necessary changes in the payday loan industry.
- Introductory remarks.
- The mythic 43 million Americans with disabilities.
- Morality and contract: the question of paternalism.
- The new Massachusetts health law: preemption and experimentation.
- The curious complications with back-end opt-out rights.
- Securitizing audit failure risk: an alternative to caps on damages.
- Introductory remarks: contract law and morality.
- Contract as a transfer of ownership.
- Contractual expansion of the scope of patent infringement through field-of-use licensing.
- As if it had never happened.
- Moral and religious convictions as categories for special treatment: the exemption strategy.
- Erie, the class action fairness act, and some federalism implications of diversity jurisdiction.
- The tax consequences of the statutory right of redemption in property foreclosures.
- Introductory remarks.
- Secondary liability for actively inducing patent infringement: which intentions pave the road?
- Unfulfilled expectations: an empirical analysis of why Sarbanes-Oxley whistleblowers rarely win.
- Unconstitutional conditional release: a pyrrhic victory for arrestees' privacy rights under United States v. Scott.
- 'You fall into Scylla in seeking to avoid Charybdis': the Second Circuit's pragmatic approach to supervised release for sex offenders.
- The role of moral philosophers in the competition between deontological and empirical desert.
- The moral subject of property.
- Drawing idea from expression: creating a legal space for culturally appropriated literary characters.
- Tying conspiracies.
- 'Unspeakable justice': the Oswaldo Martinez case and the failure of the legal system to adequately provide for incompetent defendants.
- Introductory remarks: explaining tort law.
- Betting on the wrong horse: the detrimental effect of noncompliance in the Internet gambling dispute on the General Agreement on Trade in Services (GATS).
- Killing Roger Coleman: habeas, finality, and the innocence gap.
- The moral impossibility of contract.
- The empire of illness: competence and coercion in health-care decision making.
- Legal determinacy and moral justification.
- Discrimination and outrage: the migration from civil rights to tort law.
- Derailing the gravy train: a three-pronged approach to end fraud in mass tort medical diagnosing.
- Sleight of hand.
- Political judging: when due process goes international.
- Sentencing acquitted conduct to the post-Booker dustbin.
- Contributory disparate impacts in employment discrimination law.
- Introductory remarks: criminal law panel.
- The preemployment ethical role of lawyers: are lawyers really fiduciaries?
- When 2 or 3 come together.
- Outsourcing and the globalizing legal profession.
- The common law genius of the Warren Court.
- Law's limited domain confronts morality's universal empire.
- The jurisprudence of punishment.
- Four reflections on law and morality.
- Three reasons why even good property rights cause moral anxiety.
- Child welfare's paradox.