William and Mary Law Review - page 3
- Two versions of judicial supremacy.
- 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?
- The Americans with Disabilities Act as welfare reform.
- Statutory damages in copyright law: a remedy in need of reform.
- Alden v. Maine and the jurisprudence of structure.
- Producing speech.
- White-collar plea bargaining and sentencing after Booker.
- PROMOTING HEALING AND AVOIDING RETRAUMATIZATION: A PROPOSAL TO IMPROVE MENTAL HEALTH CARE FOR DETAINED UNACCOMPANIED MINORS THROUGH A BEST INTERESTS OF THE CHILD STANDARD.
- Press Play to Presume: The Policy Benefits Behind the Trademark Modernization Act's Resurrection of the Irreparable Harm Presumption in False Advertising Cases.
- HOW EXPERTS HAVE DOMINATED THE NEUROSCIENCE NARRATIVE IN CRIMINAL CASES FOR TWELVE DECADES: A WARNING FOR THE FUTURE.(Imagining the Future of Law and Neuroscience)
- Judicial supremacy and taking conflicting rights seriously.
- Apportioning the risk of delay in construction projects: a proposed alternative to the inadequate 'no damages for delay' clause.
- TRIBALISM AND DEMOCRACY.
- Interpretive contestation and legal correctness.
- Avoiding another Eldorado: balancing parental liberty and the risk of error with governmental interest in the well-being of children in complex cases of child removal.
- Law, biology, and property: a new theory of the endowment effect.
- Introduction.
- BORROWING IN THE SHADOW OF DEATH: ANOTHER LOOK AT PROBATE LENDING.
- The plaintiff neutrality principle: pleading complex litigation in the era of Twombly and Iqbal.
- Why now is not the time for constitutional amendment: the limited reach of City of Boerne v. Flores.
- YOU CAN'T HAVE YOUR VOTE AND DILUTE IT TOO: CLOSING THE VOTING RIGHTS ACT LOOPHOLE IN GERRYMANDERING CLAIMS.
- The business of suing: determining when a professional plaintiff should have standing to bring a private enforcement action.
- Self-realizing inventions and the utilitarian foundation of patent law.
- The annoying Constitution: implications for the allocation of interpretive authority.(Special Issue on Judicial Supremacy)
- Behind bars: are corporate counsel captive to state licensure?
- Introductory remarks.
- The elephant in the courtroom: litigating the premerger fix in Arch Coal and beyond.
- Should the law preserve party control? Litigation investment, insurance law, and double standards.
- The death of suspicion.
- The structural constitutional principle of Republican Legitimacy.
- Diversity and discrimination: a look at complex bias.
- CONSTITUTIONAL INJURY AND TANGIBILITY.
- AFTERWORD: A REPLY TO COMMENTATORS.(history and demographics of American citizenship)(response to articles in this issue, p. 1117, 1137, 1157, 1177)
- Accommodation and equal liberty.
- Why the Congress was wrong and the Court was right - reflections on City of Boerne v. Flores.
- The logic of contract in the world of investment treaties.
- A products liability theory for the judicial regulation of insurance policies.
- 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?
- Let the jury do the waive: how Apprendi v. New Jersey applies to juvenile transfer proceedings.
- The test for seaman status: the Supreme Court muddies the waters again.
- 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.
- FOLLOWING OREGON'S TRAIL: IMPLEMENTING AUTOMATIC VOTER REGISTRATION TO PROVIDE FOR IMPROVED JURY REPRESENTATION IN THE UNITED STATES.
- "So I says to 'the guy,' I says ...": the constitutionality of neutral pronoun redaction in multidefendant criminal trials.
- Plausibility beyond the complaint.
- Liberty, trade, and the Uniform Commercial Code: when should default rules be based on business practices?
- The news media's influence on criminal justice policy: how market-driven news promotes punitiveness.
- Restoring the civil jury's role in the structure of our government.
- Preparing for 2006: a constitutional argument for closing the 527 soft money loophole.
- Shifting data breach liability: a congressional approach.
- Gimme shelter: does the Fair Housing Amendments Act of 1988 require accommodations for the financial circumstances of the disabled?
- Incapacitating the state.
- Law versus ideology: the Supreme Court and the use of legislative history.
- THE PRESENCE AND PERSISTENCE OF SOCIAL RIGHTS IN U.S. CONSTITUTIONAL LAW.
- "Tucker's rule": St. George Tucker and the limited construction of federal power.
- Presidential constitutionalism and civil rights.(Abstract through II. Presidental Constitutionalism as Civil Rights Enforcement E. Abortion, p. 1719-1752)
- The changing guard of patent law: Chevron deference for the PTO.
- NEUROSCIENCE AND CRIMINAL JUSTICE: TIME FOR A "COPERNICAN REVOLUTION?"(Imagining the Future of Law and Neuroscience)
- Amateur-to-amateur.
- On removal jurisdiction's unanimous consent requirement.
- CHALLENGING CONGRESS'S SINGLE-MEMBER DISTRICT MANDATE FOR U.S. HOUSE ELECTIONS ON POLITICAL ASSOCIATION GROUNDS.
- ISSUES.(Federal Rules of Civil Procedure)
- THE BURDENS OF THE EXCESSIVE FINES CLAUSE.
- Explaining the Supreme Court's shrinking docket.
- THE CONJUNCTION PROBLEM AND THE LOGIC OF JURY FINDINGS.
- Taking teacher quality seriously.
- The political economy of international antitrust harmonization.
- Contributory disparate impacts in employment discrimination law.
- Toward a new model of consumer protection: the problem of inflated transaction costs.
- TAX COLLECTORS FOR FAIR ADMISSIONS: ADVANCING STATE-LEVEL TAX INCENTIVES TO CURB LEGACY ADMISSIONS.
- STALE REAL ESTATE COVENANTS.
- PROVING COPYING.
- GREENING THE TRUST: ENFORCING PENNSYLVANIA'S ENVIRONMENTAL RIGHTS AND DUTIES TO COMBAT CLIMATE CHANGE.
- A Comparative Financial Analysis of Louisiana's Land-Grant Universities: The Morrill Acts and Brown Revisited.(Brown v. Board of Education at 70)
- EXTRAJUDICIAL STATEMENTS AND PREJUDICE IN THE DIGITAL AGE: CREATING FACTORS TO PRESERVE THE BALANCE BETWEEN ATTORNEY AND STATE INTERESTS IN TRIAL LITIGATION.
- Escaping a rigid analysis: the shift to a fact-based approach for crime of violence inquiries involving escape offenses.
- Contributions legal scholars can make to development economics: examples from China.
- Patients as Stakeholders.
- INTENT IS ENOUGH: INVIDIOUS PARTISANSHIP IN REDISTRICTING.
- From fear to rage: black rage as a natural progression from and functional equivalent of battered woman syndrome.
- Defending Daubert: it's time to amend Federal Rule of Evidence 702.
- A case of overcorrection: how the FTC's regulation of "unfair acts and practices" is unfair to small businesses.
- "Discredited" and "discreditable": the search for political identity by people with psychiatric diagnoses.
- THE INTERNET OF BODIES.
- Legislative exhaustion.
- Rethinking corporate governance for a bondholder financed, systemically risky world.
- Ex tempore contracting.
- Patent claim interpretation methodologies and their claim scope paradigms.
- A wrong step in the right direction: the National Taxpayer Advocate and the 1998 IRS Restructuring and Reform Act.
- Nonmarket values in family businesses.
- (PARTIAL) CLARITY: ELIMINATING THE CONFUSION ABOUT THE REGULATION OF THE "FACT" UAL BASES FOR EXPERT TESTIMONY UNDER THE FEDERAL RULES OF EVIDENCE.
- The WTO: biting the hand that fed it.
- Settling the long war: alternative dispute resolution and the War on Terror.
- A realistic approach to the obviousness of inventions.
- Picking Through the Remnants of Brown v. Board to Realize the Ideal of Quality Public Education for All Children in the Post COVID-19 Era.(Brown v. Board of Education at 70)
- On the danger of wearing two hats: Mistretta and Morrison revisited.
- Rethinking review standards in asylum.
- RACE AND REPRESENTATION REVISITED: THE NEW RACIAL GERRYMANDERING CASES AND SECTION 2 OF THE VRA.
- The dragon St. George could not slay: Tucker's plan to end slavery.
- GENDER DISPARITY IN LAW REVIEW CITATION RATES.
- Rules for patents.
- Corrections for racial disparities in law enforcement.
- Indefiniteness as an invalidity defense.
- Blowing its cover: how the Intelligence Identities Protection Act has masqueraded as an effective law and why it must be amended.
- Inefficient customs in international law.
- SIDEWALK LIVING.
- Race Without Racism: Religious School Curricula and the Race-Neutral Legacy of Brown.(Brown v. Board of Education at 70)
- THE FEDERAL COURTS' RULEMAKING BUFFER.
- UNITED STATES ANTITERROR LAW IS MISSING THE MARK: CHANGING THE MATERIAL SUPPORT STATUTE TO HIT THE TARGET.
- Death by a thousand cases: after Booker, Rita, and Gall, the Guidelines still violate the Sixth Amendment.
- Freedom of speech, defamation, and injunctions.
- THE QUALITATIVE FOURTH AMENDMENT: THE CASE FOR A REFINED, INFORMATION-FOCUSED APPROACH TO FOURTH AMENDMENT CASES INVOLVING NONTRESPASSORY GOVERNMENT SURVEILLANCE.
- Clinton, Kosovo, and the final destruction of the War Powers Resolution.
- Inserting the last remaining pieces into the takings puzzle.
- Rethinking legal globalization: the case of transnational personal jurisdiction.
- The Cigarette Papers.
- 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.
- Taking teacher quality seriously.
- THE CONSTITUTION AND THE LANGUAGE OF THE LAW.
- Punishing sexual fantasy.
- PROPERTY BEYOND EXCLUSION.
- Friendly precedent.
- SCRUTINIZING ANTICOMPETITIVE STATE REGULATIONS THROUGH CONSTITUTIONAL AND ANTITRUST LENSES.
- The administrative constitution in exile.
- Free? exercise.
- A pasture theory of creative controls: a new approach to copyright and patent subject matter overgrowth.
- Judicial supremacy and the settlement function.
- THE GUIDING HAND OF COUNSEL, FOR A PRICE: JUVENILE PUBLIC DEFENDER FEES AND THEIR EFFECTS.
- Soft supremacy.
- Playing by the rules: combating al Qaeda within the law of war.
- Recalibrating the cost of harm advocacy: getting beyond Brandenburg.
- Setting the terms of a break-up: the convergence of federal merger remedy policies.
- Personal curtilage: Fourth Amendment security in public.
- Dual constitutions and constitutional duels: separation of powers and state implementation of federally inspired regulatory programs and standards.
- Data-driven discrimination at work.
- State regulation of sexuality in international human rights law and theory.
- Some thoughts on the study of judicial behavior.
- CAN JUDGES BE UNCIVILLY OBEDIENT?
- Moving the baseline: the contradiction at the core of constitutional discourse over state aid to parochial schools.
- Disability harassment in the public schools.
- POLITICAL RISK MANAGEMENT.(corporate law)
- CAMPBELL-EWALD CO. V. GOMEZ: DIMINISHING THE DERIVATIVE SOVEREIGN IMMUNITY DOCTRINE AND THE SOCIAL COSTS OF INCREASING LIABILITY TO GOVERNMENT CONTRACTORS.
- Outlaws and outlier doctrines: the serious misconduct bar in tort law.
- AN IMPLIED DEFENSE: SELF-DISCLOSURE OFFERS A DEFENSE TO THE EXPANDED FALSE CLAIMS LIABILITY AFTER UNIVERSAL HEALTH SERVICES V. ESCOBAR.
- Speech, intent, and the chilling effect.
- The unwelcome requirement in sexual harassment: choosing a perspective and incorporating the effect of supervisor-subordinate relations.
- How wide should the actual innocence gateway be? An attempt to clarify the miscarriage of justice exception for federal habeas corpus proceedings.
- The Supreme Court's quiet revolution: redefining the meaning of jurisdiction.(Abstract through II. Problems with the Clear Statement Approach B. The Clear Statement Approach is Unpredictable, p. 2027-2059)
- REPLACING THE FLAWED CHEVRON STANDARD.
- In defense of judicial supremacy.
- Autonomy and agency.
- The rotten foundations of securitization.
- Social meaning and school vouchers.
- The moral impossibility of contract.
- Basing budget baselines.
- The right of publicity and the First Amendment in the modern age of commercial speech.
- The federalism implications of Flores.
- ENDANGERED CLAIMS.
- Transparency trumps technology: reconciling open meeting laws with modern technology.
- Identity and disability in the workplace.
- Some skepticism about normative constitutional advice.
- MARRIAGE EQUALITY'S LESSONS FOR SOCIAL MOVEMENTS AND CONSTITUTIONAL CHANGE.
- On castles and commerce: zoning law and the home-business dilemma.
- Globalization and structure.
- The tax consequences of the statutory right of redemption in property foreclosures.
- THE MORALITY OF FIDUCIARY LAW.
- Religion, democracy, and autonomy: a political parable.
- Biophilia, the Endangered Species Act, and a new endangered species paradigm.
- An alternate approach to channeling?
- The procompetitive interest in intellectual property law.
- THE ARTICLE III "PARTY" AND THE ORIGINALIST CASE AGAINST CORPORATE DIVERSITY JURISDICTION.
- Desperate times call for desperate measures: reclassifying drug possession offenses in response to the indigent defense crisis.
- Medical research oversight from the corporate governance perspective: comparing institutional review boards and corporate boards.
- The non-redelegation doctrine.
- Can Erie survive as federal common law.
- Errata.
- Tragic rights: the rights critique in the age of Obama.
- PLEADING PATENT INFRINGEMENT: RES IPSA LOQUITUR AS A GUIDE.
- PROTECTING THE ROLE OF THE PRESS DURING TIMES OF CRISIS.
- THE EARLY EIGHT AND THE FUTURE OF CONSUMER LEGAL ACTIVISM TO FIGHT MODERN-DAY SLAVERY IN CORPORATE SUPPLY CHAINS.
- Patent examination priorities.
- Sex, cells, and SORNA: applying sex offender registration laws to sexting cases.
- INCITEMENT AND SOCIAL MEDIA-ALGORITHMIC SPEECH: REDEFINING BRANDENBURG FOR A DIFFERENT KIND OF SPEECH.
- Contingent constitutionalism: state and local criminal laws and the applicability of federal constitutional rights.
- Ex tempore contracting.
- Who's your daddy? Defining paternity rights in the context of free, private sperm donation.
- Reflections on the future of the legal academy.
- Negligent hiring and the information age: how state legislatures can save employers from inevitable liability.
- ERISA Section 104(b)(4): what documents do employees have a right to demand from their employers?
- Modern discrimination theory and the National Labor Relations Act.
- Who is patrolling the border of ethical conduct? The convergence of federal immigration attorneys, benefit fraud, and Model Rule 4.2.
- A systems approach to corporate governance reform: why importing U.S. corporate law isn't the answer.
- Gazing into the crystal ball: reflections on the standards state judges should use to ascertain federal law.
- BLOCKCHAIN REAL ESTATE AND NFTS.(non-fungible tokens)
- UNTRUSTWORTHY: ERISA'S ERODED FIDUCIARY LAW.
- ACCOMMODATING COMPETITION: HARMONIZING NATIONAL ECONOMIC COMMITMENTS.
- The lives of John Marshall.
- Adjudication in Indian country: the confusing parameters of state, federal, and tribal jurisdiction.
- PRESUMING JUSTICE FOR TEMP WORKERS.
- Leak prosecutions and the First Amendment: new developments and a closer look at the feasibility of protecting leakers.
- A new look at the original meaning of the diversity clause.