William and Mary Law Review - 2014
-
Death, desuetude, and original meaning.
-
The real constitutional problem with state judicial selection: due process, judicial retention, and the dangers of popular constitutionalism.
-
Is guilt dispositive? Federal habeas after Martinez.
-
Statutes and democratic self-authorship.
-
Of pornography pirates and privateers: applying FDCPA principles to copyright trolling litigation.
-
A process failure theory of statutory interpretation.
-
Is guilt dispositive? Federal habeas after Martinez.
-
Capping e-discovery costs: a hybrid solution to e-discovery abuse.
-
Reconsidering the institutional design of federal securities regulation.
-
More than IP: trademark among the consumer information laws.
-
An exploration of "noneconomic" damages in civil jury awards.
-
Reconsidering the institutional design of federal securities regulation.
-
Ex tempore contracting.
-
Introduction: the civil jury as a political institution.
-
The jury and participatory democracy.
-
The unwelcome requirement in sexual harassment: choosing a perspective and incorporating the effect of supervisor-subordinate relations.
-
Conflicting property rights between conservation easements and oil and gas leases in Ohio: why current law could benefit conservation efforts.
-
The transformative Twelfth Amendment.
-
Opening remarks.
-
Determining extraterritoriality.
-
The mechanics of First Amendment audience analysis.
-
Ex tempore contracting.
-
Auctioning class settlements.
-
A process failure theory of statutory interpretation.
-
Windsor beyond marriage: due process, equality & undocumented immigration.
-
Tortured prosecuting: closing the gap in Virginia's criminal code by adding a torture statute.
-
Jury ignorance and political ignorance.
-
Fiduciary principles and the jury.
-
Embedded experts on real juries: a delicate balance.
-
A new formalism for family law.
-
The transformative Twelfth Amendment.
-
Mitigating the impact of Title VII's new retaliation standard: the Americans with Disabilities Act after University of Texas Southwestern Medical Center v. Nassar.
-
What's it worth? Jury damage awards as community judgments.
-
The mechanics of First Amendment audience analysis.
-
The jury as a political institution: an internal perspective.
-
Juries as regulators of last resort.
-
The real constitutional problem with state judicial selection: due process, judicial retention, and the dangers of popular constitutionalism.
-
Incapacitating the state.
-
Presidential constitutionalism and civil rights.
-
Personal curtilage: Fourth Amendment security in public.
-
Why manufacturing matters: 3d printing, computer-aided designs, and the rise of end-user patent infringement.
-
Copyrighting the 'useful art' of couture: expanding intellectual property protection for fashion designs.
-
Transparency trumps technology: reconciling open meeting laws with modern technology.
-
Congress' treaty-implementing power in historical practice.
-
Presidential constitutionalism and civil rights.
-
Statutes and democratic self-authorship.
-
Blackstone's curse: the fall of the criminal, civil, and grand juries and the rise of the executive, the legislature, the judiciary, and the states.
-
An exploration of "noneconomic" damages in civil jury awards.
-
Corrections for racial disparities in law enforcement.
-
A new formalism for family law.
-
Restoring the civil jury's role in the structure of our government.
-
The partisanship spectrum.
-
Second-order diversity revisited.
-
Congress' treaty-implementing power in historical practice.
-
Political decision making by informed juries.
-
Who is patrolling the border of ethical conduct? The convergence of federal immigration attorneys, benefit fraud, and Model Rule 4.2.
-
Second-order diversity revisited.
-
The partisanship spectrum.
-
Death, desuetude, and original meaning.
-
Determining extraterritoriality.
-
When should bankruptcy be an option (for people, places, or things)?
-
Personal curtilage: Fourth Amendment security in public.
-
More than IP: trademark among the consumer information laws.
-
Diversity and the civil jury.
-
Corrections for racial disparities in law enforcement.
