William and Mary Law Review - page 2
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PRIVACY OR THE POLLS: PUBLIC VOTER REGISTRATION LAWS AS A MODERN FORM OF VOTE DENIAL.
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The empire of illness: competence and coercion in health-care decision making.
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Settling the long war: alternative dispute resolution and the War on Terror.
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The role of charity in a federal system.
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WICKARD THROUGH AN ANTITRUST LENS.
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Criminal innovation and the warrant requirement: reconsidering the rights-police efficiency trade-off.
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A Constitution between past and future.
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The use that the future makes of the past: John Marshall's greatness and its lessons for today's Supreme Court Justices.
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Corporate speech, securities regulation, and an institutional approach to the First Amendment.
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CIVIL RIGHTS WITHOUT REPRESENTATION.
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AEDPA deference and the undeveloped state factual record: Monroe v. Angelone and new evidence.
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Appraising a presumption: a modern look at the doctrine of specific performance in real estate contracts.
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The jury as a political institution: an internal perspective.
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Secondary liability for actively inducing patent infringement: which intentions pave the road?
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Some thoughts about citizen lawyers.
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Clarifying departmentalism: how the framers' vision of judicial and presidential review makes the case for deductive judicial supremacy.
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A problem of standards? Another perspective on secret law.
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Is legality political?
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Is guilt dispositive? Federal habeas after Martinez.
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JUSTICE ALITO'S LAUNDRY LIST: HIGHLIGHTS FROM APPENDIX C OF BOSTOCK AND A ROADMAP FOR LGBTQ+ LEGAL ADVOCATES.
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Determining the intended beneficiaries of the ADA in the aftermath of Sutton: limiting the application of the disabling corrections corollary.
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The structural constitutional principle of Republican legitimacy.
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Of textualism, party autonomy, and good faith.
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Valid rule due process challenges: Bond v. United States and Erie's constitutional source.
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GOSS V. LOPEZ AS A VEHICLE TO EXAMINE DUE PROCESS PROTECTION ISSUES WITH ALTERNATIVE SCHOOLS.
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Neuroscience in the courtroom: an international concern.
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The failure of punitive damages in employment discrimination cases: a call for change.
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The Armstrong principle, the narratives of takings, and compensation statutes.
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Embedded federal questions, exclusive jurisdiction, and patent-based malpractice claims.
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OPTIMIZING CYBERSECURITY RISK IN MEDICAL CYBER-PHYSICAL DEVICES.
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An economic analysis of the Private Securities Litigation Reform Act: auctions as an efficient alternative to judicial intervention.
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A pattern-oriented approach to fair use.
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Property rights, community public goods, and household time allocation in urban squatter communities: evidence from Peru.
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TRUSTING THE FEDERALISM PROCESS UNDER UNIQUE CIRCUMSTANCES: UNITED STATES ELECTION ADMINISTRATION AND CYBERSECURITY.
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Religion and the First Amendment: some causes of the recent confusion.
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Fiduciary governance.
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Leak prosecutions and the First Amendment: new developments and a closer look at the feasibility of protecting leakers.
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Expedited removal and discrimination in the asylum process: the use of humanitarian aid as a political tool.
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Popular authorship and constitution making: comparing and contrasting the DRC and Kenya.
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Punishing sexual fantasy.
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A new formalism for family law.
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Smokescreen: The Truth Behind the Tobacco Industry Cover-up.
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Getting from here to there: the rebirth of constitutional constraints on the special interest state.
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Appellate review of sentences: reconsidering deference.
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An exploration of "noneconomic" damages in civil jury awards.
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The local law of global antitrust.
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THE BURDENS OF THE EXCESSIVE FINES CLAUSE.
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On removal jurisdiction's unanimous consent requirement.
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NO-FAULT DIGITAL PLATFORM MONOPOLIZATION.
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PRIVATE RIGHTS OF ACTION IN PRIVACY LAW.
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The administrative constitution in exile.
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Enterpreting agency enabling acts: misplaced metaphors in administrative law.
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Are you breaking some sort of law?: protecting an employee's informal complaints under the Fair Labor Standards Act's anti-retaliation provision.
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Lighten the Load: Why the Government Should Bear the Burden of Proving the Validity of an Alien's Appellate Waiver During a Removal Order Collateral Attack.
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New theories of guilt on appeal in Virginia criminal cases.
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Contributions legal scholars can make to development economics: examples from China.
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The demise of federal takings litigation.
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Legal ignorance and information-forcing rules.
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JURY BIAS RESULTING IN INDEFINITE COMMITMENT: EXPANDING PROCEDURAL PROTECTIONS IN SVP CIVIL COMMITMENT PROCEEDINGS UNDER THE MATHEWS TEST.
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Solving Batson.
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THE AUTHORITY OF INTERNATIONAL REFUGEE LAW.
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Soft supremacy.
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Meaning, intention, and the hearsay rule.
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The citizen lawyer - a brief informal history of a myth with some basis in reality.
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Reconciling privacy and speech in the era of big data: a comparative legal analysis.
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Disparate impact realism.
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Patent first, ask questions later: morality and biotechnology in patent law.
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UNITED STATES ANTITERROR LAW IS MISSING THE MARK: CHANGING THE MATERIAL SUPPORT STATUTE TO HIT THE TARGET.
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Reflections on the future of the legal academy.
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USING BURDENS OF PROOF TO ALLOCATE THE RISK OF ERROR WHEN ASSESSING DEVELOPMENTAL MATURITY OF YOUTHFUL OFFENDERS.
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The role of aspiration in corporate fiduciary duties.
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Rethinking the history of American freedom
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Rules for patents.
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Training for bargaining.
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Liberty, trade, and the Uniform Commercial Code: when should default rules be based on business practices?
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Rethinking review standards in asylum.
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PREGNANCY AS A NORMAL CONDITION OF EMPLOYMENT: COMPARATIVE AND ROLE-BASED ACCOUNTS OF DISCRIMINATION.
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The transformative Twelfth Amendment.
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As mandatory binding arbitration meets the class action, will the class action survive?
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Constitution making after national catastrophes: Germany in 1949 and 1990.
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Curbing the Federal Circuit's enthusiasm: an argument for a rebuttable presumption against application of the doctrine of equivalents to disclosed but unclaimed subject matter.
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The moral impossibility of contract.
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Modern discrimination theory and the National Labor Relations Act.
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A realistic approach to the obviousness of inventions.
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The logic of contract in the world of investment treaties.
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The second dimension of the Supreme Court.
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Government for hire: privatizing foreign affairs and the problem of accountability under international law.
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Distinguishing lost profits from reasonable royalties.
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Local rules and the limits of trans-territorial procedure.
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In name only: how Major League Baseball's reliance on its antitrust exemption is hurting the game.
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THE CASE OF THE RELIGIOUS GAY BLOOD DONOR.
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COLLECTIVE COGNITIVE CAPITAL.
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Exactions and burden distribution in takings law.
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Citizen as lawyer, lawyer as citizen.
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An end-run around the takings clause? The law and economics of Bivens actions for property rights violations.
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THE UNIFIED FIELD SOLUTION TO THE BATTLE OF THE FORMS UNDER THE U.N. SALES CONVENTION.
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A difficult question in deed: a cost-benefit framework for titling programs.
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'Critical stage': extending the right to counsel to the motion for new trial phase.
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Patent claim interpretation methodologies and their claim scope paradigms.
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Conflicting property rights between conservation easements and oil and gas leases in Ohio: why current law could benefit conservation efforts.
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Foreword: The legacy of St. George Tucker.
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'WHEN THE PRESIDENT DOES IT': WHY CONGRESS SHOULD TAKE THE LEAD IN INVESTIGATIONS OF EXECUTIVE WRONGDOING.
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Accommodation and equal liberty.
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Leveling the playing field: applying the doctrines of unconscionability and condition precedent to effectuate student-athlete intent under the National Letter of Intent.
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The manager's share.
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John Levy - friend, mentor and inspiration.
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An empirical study of implicit takings.
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QUALIFIED KNOWLEDGE: THE CASE FOR CONSIDERING ACTUAL KNOWLEDGE IN QUALIFIED IMMUNITY JURISPRUDENCE AS IT RELATES TO THE FIRST AMENDMENT RIGHT TO RECORD.
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A BRIEF HISTORY OF JUDICIAL APPOINTMENTS FROM THE LAST 50 YEARS THROUGH THE TRUMP ADMINISTRATION.
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Constitution making at the edges of constitutional order.
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The purposes of lawyer discipline.
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Statutory inflation and institutional choice.
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Judicial review and the Small Business Regulatory Enforcement Fairness Act: an early examination of when and where judges are federal regulatory agencies.
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Provocation manslaughter as partial justification and partial excuse.
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Betting on the wrong horse: the detrimental effect of noncompliance in the Internet gambling dispute on the General Agreement on Trade in Services (GATS).
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PLATFORM IMMUNITY REDEFINED.
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American Insurance Ass'n v. Garamendi and executive preemption in foreign affairs.
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The transformative Twelfth Amendment.
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The Federal Circuit as a federal court.
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What's in a name? Reflections on timing, naming, and constitution-making.
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White-collar plea bargaining and sentencing after Booker.
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Fetal homicide: woman or fetus as victim? A survey of current state approaches and recommendations for future state application.
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Trademark morality.
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Misdemeanants, firearms, and discretion: the practical impact of the debate over 'physical force' and 18 U.S.C.
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State regulation of sexuality in international human rights law and theory.
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The power canons.
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Alden v. Maine and the jurisprudence of structure.
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Why the Congress was wrong and the Court was right - reflections on City of Boerne v. Flores.
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Dual constitutions and constitutional duels: separation of powers and state implementation of federally inspired regulatory programs and standards.
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Discrimination and outrage: the migration from civil rights to tort law.
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Imperial and imperiled: the curious state of the executive.
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Corrections for racial disparities in law enforcement.
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Tribute.
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Social meaning and school vouchers.
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Leak prosecutions and the First Amendment: new developments and a closer look at the feasibility of protecting leakers.
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Negligent hiring and the information age: how state legislatures can save employers from inevitable liability.
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The changing guard of patent law: Chevron deference for the PTO.
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Auctioning class settlements.
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Oasis or mirage: the Supreme Court's thirst for dictionaries in the Rehnquist and Roberts eras.
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Thinking outside the jury box: deploying the grand jury in the guilty plea process.
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DEFI: SHADOW BANKING 2.0?
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Moral reasons and the limitation of liberty.
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FISCAL WAIVERS AND STATE "INNOVATION" IN HEALTH CARE.
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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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Forensic constitutional interpretation.
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How to survive a terrorist attack: the Constitution's majority quorum requirement and the Continuity of Congress.
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Reliance on nonenforcement.
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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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ACCOMMODATING COMPETITION: HARMONIZING NATIONAL ECONOMIC COMMITMENTS.
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Fiduciary governance.
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Keep out of MySpace!: protecting students from unconstitutional suspensions and expulsions.
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An empirical study of implicit takings.
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BEING SEEN LIKE A STATE: HOW AMERICANS (AND BRITONS) BUILT THE CONSTITUTIONAL INFRASTRUCTURE OF A DEVELOPING NATION.
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Nonmarket values in family businesses.
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THE LONG ARM OF MULTIDISTRICT LITIGATION.
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NEUROSCIENCE AND CRIMINAL JUSTICE: TIME FOR A "COPERNICAN REVOLUTION?"(Imagining the Future of Law and Neuroscience)
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Why jurisprudence doesn't matter for customary international law.
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Legislative exhaustion.
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PROSECUTING POVERTY, CRIMINALIZING CARE.
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REGULATING CRYPTO, ON AND OFF THE CHAIN.
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Designing non-national systems: the case of the uniform domain name dispute resolution policy.
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'Public service must begin at home': the lawyer as civics teacher in everyday practice.
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The diversity rationale for affirmative action in employment after Grutter: the case for containment.
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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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A fiscal Constitution with supermajority voting rules.
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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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The derivative nature of corporate constitutional rights.
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A new deal for end users? Lessons from a French innovation in the regulation of interoperability.
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Tribute to Tom Collins.
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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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Our prescriptive judicial power: constitutive and entrenchment effects of historical practice in federal courts law.
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(PARTIAL) CLARITY: ELIMINATING THE CONFUSION ABOUT THE REGULATION OF THE "FACT" UAL BASES FOR EXPERT TESTIMONY UNDER THE FEDERAL RULES OF EVIDENCE.
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Political decision making by informed juries.
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Judicial power in the constitutional theory of James Madison.
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Why premerger review needed reform, and still does.
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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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DIGITAL ASSET REGULATION: PEERING INTO THE PAST, PEERING INTO THE FUTURE.
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SALARY HISTORY SHOULD BE HER STORY: UPHOLDING REGULATIONS OF SALARY HISTORY THROUGH A COMMERCIAL SPEECH ANALYSIS.
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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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Customary international law and international human rights litigation in United States courts: revitalizing the legacy of the Paquete Habana.
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CUSTOM-EDITED DNA: LEGAL LIMITS ON THE PATENTABILITY OF CRISPR-CAS9'S THERAPEUTIC APPLICATIONS.
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EMERGENCY POWERS FOR GOOD.
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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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Medical research oversight from the corporate governance perspective: comparing institutional review boards and corporate boards.
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Admiralty and federalism in the wake of Yamaha Motor Corp., USA v. Calhoun: is Yamaha a cry by the judiciary for legislative action in state territorial waters?
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National security information disclosures and the role of intent.
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Encouraging transportation-oriented development in the United States: a case for utilizing "earned as of location" credits to promote strategic economic development.
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The death of suspicion.
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'Power over this unfortunate race': race, politics and Indian law in United States v. Rogers.
