William and Mary Law Review - 2012
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- The restyled Federal Rules of Evidence.
- The litigation finance contract.
- The equal protection implications of government's hateful speech.
- Explaining the Supreme Court's shrinking docket.
- Beyond Morrison: the effect of the "presumption against extraterritoriality" and the transactional test on foreign tender offers.
- Business courts and interstate competition.
- Jurisdictional procedure.
- Cities, property, and positive externalities.
- Revisiting the impact of judicial review on agency rulemakings: an empirical investigation.
- Applying equitable estoppel to ERISA pension benefit claims.
- The role of charity in a federal system.
- The structural constitutional principle of Republican legitimacy.
- The Affordable Care Act, the constitutional meaning of statutes, and the emerging doctrine of positive constitutional rights.
- The role of aspiration in corporate fiduciary duties.
- Negligent hiring and the information age: how state legislatures can save employers from inevitable liability.
- Our federalism(s).
- Neuroscience in the courtroom: an international concern.
- Unintentional levels of force in s. 1983 excessive force claims.
- The role of aspiration in corporate fiduciary duties.
- Resolving election error: the dynamic assessment of materiality.
- The litigation finance contract.
- Jurisdictional procedure.
- Spandrel or Frankenstein's monster? The vices and virtues of retrofitting in American law.
- Interpretive contestation and legal correctness.
- Resolving election error: the dynamic assessment of materiality.
- The equal protection implications of government's hateful speech.
- Katz cradle: holding on to Fourth Amendment parity in an age of evolving electronic communication.
- Disability cause lawyers.
- In name only: how Major League Baseball's reliance on its antitrust exemption is hurting the game.
- Free speech and parity: a theory of public employee rights.
- The 'flesh and blood' defense.
- The structural role of private enforcement mechanisms in public law.
- Plausibility beyond the complaint.
- Information wants to be free (of sanctions): why the president cannot prohibit foreign access to social media under U.S. export regulations.
- Why agencies punish.
- Setting the terms of a break-up: the convergence of federal merger remedy policies.
- Desperate times call for desperate measures: reclassifying drug possession offenses in response to the indigent defense crisis.
- The null patent.
- Release as remedy for excessive punishment.
- What is the "invention"?
- The structural constitutional principle of Republican legitimacy.
- Understanding confidentiality: program effectiveness and the Freedom of Information Act exemption 4.
- Cities, property, and positive externalities.
- Does ideology matter in bankruptcy? Voting behavior on the Courts of Appeals.