William and Mary Law Review - page 3
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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.
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THE FEDERAL COURTS' RULEMAKING BUFFER.
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Secure Communities: burdening local law enforcement and undermining the U Visa.
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Spillovers theory and its conceptual boundaries.
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THE THEORY AND PRACTICE OF CONTESTATORY FEDERALISM.
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Viewing unconscionability through a market lens.
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Tragic rights: the rights critique in the age of Obama.
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GENETIC DUTIES.
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The zombie First Amendment.
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Fraud on the market: short sellers' reliance on market price integrity.
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Can Erie survive as federal common law.
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Taking teacher quality seriously.
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Counting guns in early America.
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Copyright essentialism and the performativity of remedies.
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All bark and no bite: a modern evidentiary argument for the retirement of the age-old Pennsylvania rule.
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The news media's influence on criminal justice policy: how market-driven news promotes punitiveness.
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THE FAULTY LAW AND ECONOMICS OF THE "BASEBALL RULE".
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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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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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Corrections for racial disparities in law enforcement.
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The slippery slope of secrecy: why patent law preempts reverse-engineering clauses in shrink-wrap licenses.
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A new formalism for family law.
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Plausibility beyond the complaint.
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Blowing its cover: how the Intelligence Identities Protection Act has masqueraded as an effective law and why it must be amended.
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The dragon St. George could not slay: Tucker's plan to end slavery.
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THE "FREE WHITE PERSON" CLAUSE OF THE NATURALIZATION ACT OF 1790 AS SUPER-STATUTE.
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Information wants to be free (of sanctions): why the president cannot prohibit foreign access to social media under U.S. export regulations.
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The moral subject of property.
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Lessons from Ferguson on individual defense representation as a tool of systemic reform.
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Why agencies punish.
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THE FUTURE OF LAW AND NEUROSCIENCE.
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CREATING AN UNPRECEDENTED NUMBER OF PRECEDENTS AT THE U.S. COURT OF APPEALS FOR VETERANS CLAIMS.
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Psychiatric evidence in criminal trials: to junk or not to junk?
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Definite articles: using the law review article type indicator (R) to make law review publishing decisions.
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Ashes to Ashes: America's Hundred-Year Cigarette War, the Public Health, and the Unabashed Triumph of Philip Morris.
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RACE AND REPRESENTATION REVISITED: THE NEW RACIAL GERRYMANDERING CASES AND SECTION 2 OF THE VRA.
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DESIGNED TO FAIL: THE PRESIDENT'S DEFERENCE TO THE DEPARTMENT OF JUSTICE IN ADVANCING CRIMINAL JUSTICE REFORM.
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Addressing the cloud over employee references: a survey of recently enacted state legislation.
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CHARTING A COURSE TO CONSERVE 30% OF FRESHWATERS BY 2030.
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Determining extraterritoriality.
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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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Legal determinacy and moral justification.
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Disparate impact realism.
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Disability harassment in the public schools.
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John Marshall: remarks of October 6, 2000.
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Freedom of speech, defamation, and injunctions.
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Religion at a public university.
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An outcomes analysis of scope of review standards.
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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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DEFINING "UNDULY': RESOLVING INHERENT TEXTUAL AMBIGUITY IN THE IMO'S BALLAST WATER MANAGEMENT CONVENTION.
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State regulation of sexuality in international human rights law and theory.
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The plaintiff neutrality principle: pleading complex litigation in the era of Twombly and Iqbal.
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The power canons.
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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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How to survive a terrorist attack: the Constitution's majority quorum requirement and the Continuity of Congress.
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When should bankruptcy be an option (for people, places, or things)?
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Interjurisdictional enforcement of rights in a post-Erie world.
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Procedural justice: tempering the state's response to domestic violence.
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CAN JUDGES BE UNCIVILLY OBEDIENT?
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Data-driven discrimination at work.
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DECENTRALIZED FINANCE: REGULATING CRYPTOCURRENCY EXCHANGES.
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POLITICAL RISK MANAGEMENT.
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REINVIGORATING CRIMINAL ANTITRUST?
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Identity and disability in the workplace.
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CAMPBELL-EWALD CO. V. GOMEZ: DIMINISHING THE DERIVATIVE SOVEREIGN IMMUNITY DOCTRINE AND THE SOCIAL COSTS OF INCREASING LIABILITY TO GOVERNMENT CONTRACTORS.
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Moving the baseline: the contradiction at the core of constitutional discourse over state aid to parochial schools.
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St. George Tucker's law papers.
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AN IMPLIED DEFENSE: SELF-DISCLOSURE OFFERS A DEFENSE TO THE EXPANDED FALSE CLAIMS LIABILITY AFTER UNIVERSAL HEALTH SERVICES V. ESCOBAR.
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Empowering stakeholders; limits on collaboration as the basis for flexible regulation.
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The commercial difference.
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Evidence myopia: the failure to see the Federal Rules of Evidence as a codification of the common law.
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DECOMMODIFYING CULTURAL HERITAGE: A LINGUISTIC UNPACKING OF "CULTURAL PROPERTY".
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Legislative heart and phase transitions: an exploratory study of Congress and minority interests.
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FROM EDUCATIONAL ADEQUACY TO REPRESENTATIONAL ADEQUACY: A NEW TEMPLATE FOR LEGAL ATTACKS ON PARTISAN GERRYMANDERS.
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Incapacitating the state.
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PARKER V. BROWN, THE ELEVENTH AMENDMENT, AND ANTICOMPETITIVE STATE REGULATION.
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Our federalism(s).
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An appeal to equity: why bankruptcy courts should resort to equitable powers for latitude in their interpretation of 'interests' under Section 363(F) of the Bankruptcy Code.
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New problems for subsidized speech.
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EMERGING TECHNOLOGY'S LANGUAGE WARS: CRYPTOCURRENCY.
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Regulating political parties under a 'public rights' first amendment.
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Promises and paternalism.
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When equality leaves everyone worse off: the problem of leveling down in equality law.
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Neuroscience in the courtroom: an international concern.
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SCRUTINIZING ANTICOMPETITIVE STATE REGULATIONS THROUGH CONSTITUTIONAL AND ANTITRUST LENSES.
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Knowledge is power: the fundamental right to record present observations in public.
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THE STATE OF EXACTIONS.
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Unintentional levels of force in s. 1983 excessive force claims.
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A judge for all seasons.
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I'll make you a deal: how repeat informants are corrupting the criminal justice system and what to do about it.
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THE CONSTITUTIONAL RIGHT TO CARRY FIREARMS ON CAMPUS.
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RFRA.
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Medical research oversight from the corporate governance perspective: comparing institutional review boards and corporate boards.
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Freedom of speech, defamation, and injunctions.
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JUSTICE BEGINS BEFORE TRIAL: HOW TO NUDGE INACCURATE PRETRIAL RULINGS USING BEHAVIORAL LAW AND ECONOMIC THEORY AND UNIFORM COMMERCIAL LAWS.
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The attorney-client privilege for in-house counsel when negotiating contract.
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Morality and contract: the question of paternalism.
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Of textualism, party autonomy, and good faith.
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The third pillar of jurisprudence: social legal theory.
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The logical structure of fraudulent transfers and equitable subordination.
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Personal jurisdiction based on the local effects of intentional misconduct.
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iTENANT: HOW THE LAW SHOULD TREAT RENTAL RELATIONSHIPS IN THE SHARING ECONOMY.
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Standardization of standard-form contracts: competition and contract implications.
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Technological evolution and the devolution of corporate financial reporting.
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Getting wireless carriers wired for less: an argument for federal regulation of LEC-CMRS interconnection agreements.
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Shifting data breach liability: a congressional approach.
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SOCIAL VALUE ORIENTATION AND THE LAW.
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Why manufacturing matters: 3d printing, computer-aided designs, and the rise of end-user patent infringement.
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Exploring the boundaries of Obergefell.
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THE LAST FRONTIER OF DISENFRANCHISEMENT: A FUNDAMENTAL RIGHT FOR INDIVIDUALS WITH COGNITIVE DISABILITIES.
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Congressional silence and the statutory interpretation game.
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A golden age of civic involvement: the client centered disadvantage for lawyers acting as public officials.
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First Amendment expansionism.
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The 'flesh and blood' defense.
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Protecting privacy to prevent discrimination.
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DATA OF THE DEAD: A PROPOSAL FOR PROTECTING POSTHUMOUS DATA PRIVACY.
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The smart grid: a smart solution to a complicated problem.
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INTENT IS ENOUGH: INVIDIOUS PARTISANSHIP IN REDISTRICTING.
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Virginia's capital jurors.
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THE FUTURE OF COLLEGE SPORTS AFTER ALSTON: REFORMING THE NCAA VIA CONDITIONAL ANTITRUST IMMUNITY.
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Fidelity, basic liberties, and the specter of Lockner.
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State courts as agents of federalism: power and interpretation in state constitutional law.
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A WORLD WITHOUT ROE: THE CONSTITUTIONAL FUTURE OF UNWANTED PREGNANCY.
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Why family cap laws just aren't getting it done.
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Autonomy and agency.
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Basing budget baselines.
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As if it had never happened.
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Partisan conflicts over presidential authority.
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Freedom from persecution or protection of the rights of conscience? A critique of Justice Scalia's historical arguments in City of Boerne v. Flores.
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How the new economics can improve employment discrimination law, and how economics can survive the demise of the 'rational actor'.
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The structural role of private enforcement mechanisms in public law.
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The radical possibility of limited community-based interpretation of the Constitution.
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Religion, democracy, and autonomy: a political parable.
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WHY A PRESIDENT CANNOT AUTHORIZE THE MILITARY TO VIOLATE (MOST OF) THE LAW OF WAR.
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Pharmaceutical dispensing in the 'wild west': advancing health care and protecting consumers through the regulation of online pharmacies.
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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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Moral and religious convictions as categories for special treatment: the exemption strategy.
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SECTION 2 AFTER SECTION 5: VOTING RIGHTS AND THE RACE TO THE BOTTOM.
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The Religious Freedom Restoration Act is a constitutional expansion of rights.
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UPDATING THE LIABILITY REGIME IN OUTER SPACE: WHY SPACEFARING COMPANIES SHOULD BE INTERNATIONALLY LIABLE FOR THEIR SPACE OBJECTS.
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From fear to rage: black rage as a natural progression from and functional equivalent of battered woman syndrome.
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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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Our prescriptive judicial power: constitutive and entrenchment effects of historical practice in federal courts law.
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Tribute to Tom Collins.
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The marrow of tradition: the Roberts Court and categorical First Amendment speech exclusions.
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Customary Corruption.
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The null patent.
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Federalism under Obama.
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Conceptual gulfs in City of Boerne v. Flores.
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WITHHOLDING INJUNCTIONS IN COPYRIGHT CASES: IMPACTS OF EBAY.
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Introduction: reconstructing liberalism.
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The Constitution in Congress: Jefferson and the West, 1801-1809.
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NEUROSCIENCE, CRIMINAL SENTENCING, AND HUMAN RIGHTS.
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The random muse: authorship and indeterminacy.
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Rights gone wrong: a case against wrongful life.
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NONEXCLUDABLE SURGICAL METHOD PATENTS.
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The annoying Constitution: implications for the allocation of interpretive authority.
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The new Massachusetts health law: preemption and experimentation.
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Contracting for performance: restructuring the private prison market.
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TELEMEDICINE AND MALPRACTICE: CREATING UNIFORMITY AT THE NATIONAL LEVEL.
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The free exercise thereof.
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Entity theory as myth in the origins of the corporate income tax.
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Is 'diligent prosecution of an action in a court' required to preempt citizen suits under the major federal environmental statutes?
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eciding to decide: class action certification and interlocutory review by the United States Courts of Appeals under Rule 23(f).
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WE ARE ALL GROWING OLD TOGETHER: MAKING SENSE OF AMERICA'S MONUMENT-PROTECTION LAWS.
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Judicial power to regulate plea bargaining.
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The Supreme Court's post-racial turn towards a zero-sum understanding of equality.
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First Amendment based copyright misuse.
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JUDICIAL CREDIBILITY.
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CONSTITUTIONAL MORAL HAZARD AND CAMPUS SPEECH.
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DEFAMATION OR IMPERSONATION? WORKING TOWARDS A LEGISLATIVE REMEDY FOR DEEPFAKE ELECTION MISINFORMATION.
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The common law genius of the Warren Court.
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Diversity and the civil jury.
