William and Mary Law Review - page 2
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Trademark morality.
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Perverse innovation.
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Transparency trumps technology: reconciling open meeting laws with modern technology.
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Corporate governance in the courtroom: an empirical analysis.
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How customary is customary international law?
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DEFI: SHADOW BANKING 2.0?
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Moral reasons and the limitation of liberty.
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A new fulcrum point for city survival.
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Toward a just measure of repose: the statute of limitations for securities fraud.
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Reconsidering the law of democracy: of political questions, prudence, and the judicial role.
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Reconsidering the institutional design of federal securities regulation.
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The mythic 43 million Americans with disabilities.
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SEPARATE, SOVEREIGN, AND SUBJUGATED: NATIVE CITIZENSHIP AND THE 1790 TRADE AND INTERCOURSE ACT.(response to Gabriel J. Chin and Paul Finkelman in this issue, p. 1047)
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THE GENETIC INFORMATION NONDISCRIMINATION ACT AT AGE 10: GINA'S CONTROVERSIAL ASSERTION THAT DATA TRANSPARENCY PROTECTS PRIVACY AND CIVIL RIGHTS.
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A pasture theory of creative controls: a new approach to copyright and patent subject matter overgrowth.
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Of state laboratories and legislative alloys: how 'fair share' laws can be written to avoid ERISA preemption and influence private sector health care reform in America.
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The wrong tool for the job: the IP problem with noncompetition agreements.
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The migratory bird rule after Lopez: questioning the value of state sovereignty in the context of wetland regulation.
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Free? exercise.
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Arbitration and reform in private securities litigation: dealing with the meritorious as well as the frivolous.
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The takings-puzzle puzzle.
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FINE(ING) WINE: CHALLENGING DIRECT-SHIPMENT LICENSING FEES ON DORMANT COMMERCE CLAUSE GROUNDS.
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Mismatch: the misuse of market efficiency in market manipulation class actions.
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REDLIKING: WHEN REDLINING GOES ONLINE.
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NO ARBITRARY POWER: AN ORIGINALIST THEORY OF THE DUE PROCESS OF LAW.
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Judicial review of administrative policymaking. .
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THE HAVES OF PROCEDURE.
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Patently protectionist? An empirical analysis of patent cases at the International Trade Commission.
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Judicial power to regulate Plea bargaining.
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A products liability theory for the judicial regulation of insurance policies.
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Of Pitcairn's Island and American constitutional theory.
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A problem of standards? Another perspective on secret law.
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Embedded federal questions, exclusive jurisdiction, and patent-based malpractice claims.
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JURISDICTIONAL IDEALISM AND POSITIVISM.
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Regulating drones under the First and Fourth Amendments.
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Theoretical tension and doctrinal discord: analyzing development impact fees as takings.
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Adjudication in Indian country: the confusing parameters of state, federal, and tribal jurisdiction.
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The business of suing: determining when a professional plaintiff should have standing to bring a private enforcement action.
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The insurance policy as social instrument and social institution.
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The real constitutional problem with state judicial selection: due process, judicial retention, and the dangers of popular constitutionalism.
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The derivative nature of corporate constitutional rights.
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Procrastination, deadlines, and statutes of limitation.
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A new deal for end users? Lessons from a French innovation in the regulation of interoperability.
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Personal curtilage: Fourth Amendment security in public.
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When are constitutional rights non-absolute? McCutcheon, conflicts, and the sufficiency question.
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'COMPETITION POLICY IN ITS BROADEST SENSE': MICHAEL PERTSCHUK'S CHAIRMANSHIP OF THE FEDERAL TRADE COMMISSION 1977-1981.
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Political decision making by informed juries.
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Pro-constitutional representation: comparing the role obligations of judges and elected representatives in constitutional democracy.
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The right of publicity and the First Amendment in the modern age of commercial speech.
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Transferring policymaking power to judges - the effect of judicially enforceable constitutional restraints is not a defensible alternative to majority rule.
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How wide should the actual innocence gateway be? An attempt to clarify the miscarriage of justice exception for federal habeas corpus proceedings.
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A systems approach to corporate governance reform: why importing U.S. corporate law isn't the answer.
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Economies of desire: fair use and marketplace assumptions.
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Devlin was right: law and the enforcement of morality.
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Statutory interpretation as contestatory democracy.
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Tort, not contract: an argument for reevaluating the economic loss rule and classifying building damage as "other property" when it is caused by defective construction materials.
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Who is patrolling the border of ethical conduct? The convergence of federal immigration attorneys, benefit fraud, and Model Rule 4.2.
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Gazing into the crystal ball: reflections on the standards state judges should use to ascertain federal law.
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Playing by the rules: combating al Qaeda within the law of war.
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Second-order diversity revisited.
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Contractual expansion of the scope of patent infringement through field-of-use licensing.
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The politics of takings: choosing the appropriate decisionmaker.
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A tiny fish and a big problem: natives, elvers, and the Maine Indian Claims Settlement Act of 1980.
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ANTITRUST AS SPEECH CONTROL.
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Judicial power in the constitutional theory of James Madison.
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The transformation of the American civil trial: the silent judge.
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Why premerger review needed reform, and still does.
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THE VALUE OF INSIDER CONTROL.
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The jury and participatory democracy.
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Securitizing audit failure risk: an alternative to caps on damages.
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Misconceived laws: the irrationality of parental involvement requirements for contraception.
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The federal common law of statutory interpretation: Erie for the age of statutes.
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SALARY HISTORY SHOULD BE HER STORY: UPHOLDING REGULATIONS OF SALARY HISTORY THROUGH A COMMERCIAL SPEECH ANALYSIS.
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A Constitution of collaboration: protecting fundamental values with second-look rules of interbranch dialogue.
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The affordability paradox: how consumer bankruptcy's greatest weakness may account for its surprising success.
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Justice O'Connor's dilemma: the baseline question.
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Fiduciary governance.
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CUSTOM-EDITED DNA: LEGAL LIMITS ON THE PATENTABILITY OF CRISPR-CAS9'S THERAPEUTIC APPLICATIONS.
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DEMOCRATIZING INTERPRETATION.
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The free exercise of religion after the fall: the case for intermediate scrutiny.
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How takings legislation could improve environmental regulation.
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PROVING COPYING.
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The death of suspicion.
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WORTH THE CLICK: WHY GREATER FTC ENFORCEMENT IS NEEDED TO CURTAIL DECEPTIVE PRACTICES IN INFLUENCER MARKETING.
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Applying equitable estoppel to ERISA pension benefit claims.
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Voting with their feet and dollars: the role of investors and the influence of the mutual fund market in regulating fees.
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'Tucker's rule': St. George Tucker and the limited construction of federal power.
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Business courts and interstate competition.
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A critical guide to Erie Railroad Co. v. Tompkins.
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THE CONSTITUTION AND THE LANGUAGE OF THE LAW.
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Premodern constitutionalism.
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In a federal case, is the state constitution something important or just another piece of paper?
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Statutes and democratic self-authorship.
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A new fulcrum point for city survival.
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Obscured by clouds: the Fourth Amendment and searching cloud storage accounts through locally installed software.
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Congressional silence and the statutory interpretation game.
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The political economy of application fees for indigent criminal defense.
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STATE REGULATIONS ARE FAILING OUR CHILDREN: AN ANALYSIS OF CHILD MARRIAGE LAWS IN THE UNITED STATES.
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A process failure theory of statutory interpretation.
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Labor force participation and income of individuals with disabilities in sheltered and competitive employment: cross-sectional and longitudinal analyses of seven states during the 1980s and 1990s.
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Legislative exhaustion.
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Avoiding FCPA surprises: safe harbor from successor liability in cross-border mergers and acquisitions.
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Statutory damages in copyright law: a remedy in need of reform.
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TAX LAWYERS AS TAX INSURANCE.
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Fiduciary principles and the jury.
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Inherency.
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Rethinking corporate governance for a bondholder financed, systemically risky world.
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Drowning in a sea of contract: application of the economic loss rule to fraud and negligent misrepresentation claims.
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Subconstitutional constitutional law: supplement, sham, or substitute?
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Statutory damages in copyright law: a remedy in need of reform.
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Taking aim at Tiahrt.
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Introductory remarks: contract law and morality.
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Muddle or muddle through? Takings jurisprudence meets the Endangered Species Act.
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ARTIFICIAL STUPIDITY.
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"THE" RULE: MODERNIZING THE POTENT, BUT OVERLOOKED, RULE OF WITNESS SEQUESTRATION.
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Contract as a transfer of ownership.
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SOMETHING OLD, SOMETHING NEW, OR SOMETHING REALLY OLD'? SECOND GENERATION RACIAL GERRYMANDERING LITIGATION AS INTENTIONAL RACIAL DISCRIMINATION CASES.
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Embedded experts on real juries: a delicate balance.
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Post-conflict rule of law building: the need for a multi-layered, synergistic approach.
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How to write a life: some thoughts on fixation and the copyright/privacy divide.
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MARRIAGE EQUALITY'S LESSONS FOR SOCIAL MOVEMENTS AND CONSTITUTIONAL CHANGE.
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Interpretive contestation and legal correctness.
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Introductory remarks: explaining tort law.
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FOURTH AMENDMENT INFRINGEMENT IS AFOOT: REVITALIZING PARTICULARIZED REASONABLE SUSPICION FOR TERRY STOPS BASED ON VAGUE OR DISCREPANT SUSPECT DESCRIPTIONS.
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'So I says to 'the guy,' I says ...': the constitutionality of neutral pronoun redaction in multidefendant criminal trials.
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Measuring monopsony: using the antitrust toolbox to protect market competition and help the television consumer.
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Resolving election error: the dynamic assessment of materiality.
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The equal protection implications of government's hateful speech.
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GREENING THE TRUST: ENFORCING PENNSYLVANIA'S ENVIRONMENTAL RIGHTS AND DUTIES TO COMBAT CLIMATE CHANGE.
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Guilt, innocence, and due process of plea bargaining.
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RELIGIOUS LIBERTY INTEREST CONVERGENCE.
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In defense of the no further inquiry rule: a response to professor John Langbein.
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Death by a thousand cases: after Booker, Rita, and Gall, the Guidelines still violate the Sixth Amendment.
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Copyrighting the 'useful art' of couture: expanding intellectual property protection for fashion designs.
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NO CHILD LEFT BEHIND BARS: APPLYING THE PRINCIPLES OF STRICT SCRUTINY WHEN SENTENCING JUVENILES TRIED AS ADULTS.
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Guilt, innocence, and due process of plea bargaining.
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Ex tempore contracting.
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JUDGING 'UNDER FIRE' AND THE RETREAT TO FACTS.
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Regulatory takings and the original understanding of the takings clause.
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Tort experiments in the laboratories of democracy.
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Ratification of Kyoto aside: how international law and market uncertainty obviate the current U.S. approach to climate change emissions.
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The Supreme Court's quiet revolution: redefining the meaning of jurisdiction.
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Owning digital copies: copyright law and the incidents of copy ownership.
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A REASONABLE BIAS APPROACH TO GERRYMANDERING: USING AUTOMATED PLAN GENERATION TO EVALUATE REDISTRICTING PROPOSALS.
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Bias on the bench: raising the bar for U.S. immigration judges to ensure equality for asylum seekers.
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Jury ignorance and political ignorance.
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ISSUES.(Federal Rules of Civil Procedure)
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Some skepticism about normative constitutional advice.
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Divorce and domicile: time to sever the knot.
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The people made me do it: can the people of the states instruct and coerce their state legislatures in the Article V constitutional amendment process?
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The Legislator-in-Chief.
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Evaluating the Federal Communications Commission's national television ownership cap: what's bad for broadcasting is good for the country.
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Three versions of tax reform.
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Tying conspiracies.
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Reconsidering the legality of humanitarian intervention: lessons from Kosovo.
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Criminalizing "private" torture.
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The states of immigration.
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Federalism, forum shopping, and the foreign injury paradox.
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'Unspeakable justice': the Oswaldo Martinez case and the failure of the legal system to adequately provide for incompetent defendants.
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Sharing sacred secrets: is it (past) time for a dangerous person exception to the clergy-penitent privilege?
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The partisanship spectrum.
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Intellectual property and the presumption of innocence.
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Courting specialization: an empirical study of claim construction comparing patent litigation before federal district courts and the International Trade Commission.
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Parens patriae: a flawed strategy for state-initiated obesity litigation.
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Charging on the margin.
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The lives of John Marshall.
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THE INFORMATION-FORCING DILEMMA IN DAMAGES LAW.
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Unlocking the power of state constitutions with equal protection: the first step toward education as a federally protected right.
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Privacy and consent over time: the role of agreement in Fourth Amendment analysis.
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RELIGIOUS FREEDOM THROUGH MARKET FREEDOM: THE SHERMAN ACT AND THE MARKETPLACE FOR RELIGION.
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Desperate times call for desperate measures: reclassifying drug possession offenses in response to the indigent defense crisis.
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State courts adopting federal constitutional doctrine: case-by-case adoptionism or prospective lockstepping?
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PROPERTY BEYOND EXCLUSION.
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Remarks of Chief Justice William H. Rehnquist.
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REPLACING THE FLAWED CHEVRON STANDARD.
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Clinton, Kosovo, and the final destruction of the War Powers Resolution.
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Tempest in an empty teapot: why the Constitution does not regulate gerrymandering.
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ABSURD OVERLAP: SNAP REMOVAL AND THE RULE OF UNANIMITY.
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Law as largess: shifting paradigms of law for the poor.
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Good intentions, but unintended consequences: expanding Virginia's manufacturing tax exemption.
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THE MORALITY OF FIDUCIARY LAW.
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Whose Constitution is it? Why federalism and constitutional positivism don't mix.
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THE CAUSES AND CONSEQUENCES OF GERRYMANDERING.
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Punishing sexual fantasy.
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The paradox of hope: the crime and punishment of domestic violence.
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Congress' treaty-implementing power in historical practice.
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The non-redelegation doctrine.
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Patent examination priorities.
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Errata.
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THE EARLY EIGHT AND THE FUTURE OF CONSUMER LEGAL ACTIVISM TO FIGHT MODERN-DAY SLAVERY IN CORPORATE SUPPLY CHAINS.
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PROTECTING THE ROLE OF THE PRESS DURING TIMES OF CRISIS.
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Reconciling privacy and speech in the era of big data: a comparative legal analysis.
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Choice of form and network externalities.
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UNTRUSTWORTHY: ERISA'S ERODED FIDUCIARY LAW.
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A critical guide to Erie Railroad Co. v. Tompkins.
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Not just a minimum income policy for physicians: the need for good faith and fair dealing in physician deselection disputes.
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Cool federalism and the life-cycle of moral progress.
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PLEADING PATENT INFRINGEMENT: RES IPSA LOQUITUR AS A GUIDE.
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Technologies of control and the future of the First Amendment.
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CONGRESSIONAL OVERSIGHT OF MODERN WARFARE: HISTORY, PATHOLOGIES, AND PROPOSALS FOR REFORM.
