William and Mary Law Review - page 4
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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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The attorney-client privilege for in-house counsel when negotiating contract.
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Rights gone wrong: a case against wrongful life.
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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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NONEXCLUDABLE SURGICAL METHOD PATENTS.
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iTENANT: HOW THE LAW SHOULD TREAT RENTAL RELATIONSHIPS IN THE SHARING ECONOMY.
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WITHHOLDING INJUNCTIONS IN COPYRIGHT CASES: IMPACTS OF EBAY.
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The random muse: authorship and indeterminacy.
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Dead men bring no claims: how takings claims can provide redress for real property owning victims of Jim Crow race riots.
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Killing Through Their Kids.
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NEUROSCIENCE, CRIMINAL SENTENCING, AND HUMAN RIGHTS.(Imagining the Future of Law and Neuroscience)
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The Supreme Court's post-racial turn towards a zero-sum understanding of equality.
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FREE SPEECH, RATIONAL DELIBERATION, AND SOME TRUTHS ABOUT LIES.
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Entity theory as myth in the origins of the corporate income tax.
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Judicial power to regulate plea bargaining.
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Introduction: reconstructing liberalism.
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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 Constitution in Congress: Jefferson and the West, 1801-1809.
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WE ARE ALL GROWING OLD TOGETHER: MAKING SENSE OF AMERICA'S MONUMENT-PROTECTION LAWS.
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The free exercise thereof.
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Reconsidering the institutional design of federal securities regulation.
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Contracting for performance: restructuring the private prison market.
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The logical structure of fraudulent transfers and equitable subordination.
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FORD V. WHERE ARE WE?: THE REVIVAL OF THE SLIDING SCALE TO GOVERN THE SUPREME COURT'S NEW "RELATING TO" PERSONAL JURISDICTION.
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Negligence and nuclear nonproliferation: eliminating the current liability barrier to bilateral U.S.-Russian nonproliferation assistance programs.
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The third pillar of jurisprudence: social legal theory.
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DECENTRALIZED FINANCE: REGULATING CRYPTOCURRENCY EXCHANGES.
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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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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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A comparative look at plea bargaining in Australia, Canada, England, New Zealand, and the United States.
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The takings-puzzle puzzle.
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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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Group agency and legal proof; or, why the jury is an 'it'.
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DATA OF THE DEAD: A PROPOSAL FOR PROTECTING POSTHUMOUS DATA PRIVACY.
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The role of moral philosophers in the competition between deontological and empirical desert.
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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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Pleasure & Pain in Intellectual Property.
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Foreword: The legacy of St. George Tucker.
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City of Boerne v. Flores: a landmark for structural analysis.
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The Enlightenment in Early America.
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The plaintiff neutrality principle: pleading complex litigation in the era of Twombly and Iqbal.
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NEUROSCIENCE AND CRIMINAL JUSTICE: TIME FOR A "COPERNICAN REVOLUTION?"(Imagining the Future of Law and Neuroscience)
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Is guilt dispositive? Federal habeas after Martinez.
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Plea bargaining's baselines.
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Political decision making by informed juries.(The Civil Jury as a Political Institution)
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Judicial power in the constitutional theory of James Madison.
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SCRUTINIZING ANTICOMPETITIVE STATE REGULATIONS THROUGH CONSTITUTIONAL AND ANTITRUST LENSES.
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Article III's Constraints on the Legislative Power.
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In defense of judicial supremacy.
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HISTORIC DISTRICTS: PRESERVING THE OLD WITH THE COMPATIBLE NEW.
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EMBRACING THE CHINESE EXCLUSION CASE: AN INTERNATIONAL LAW APPROACH TO RACIAL EXCLUSIONS.
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National security information disclosures and the role of intent.(Introduction through I. The Current State of the Criminal Law B. The Espionage Act 1. Section 793 and 794, p. 1381-1411)
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Original sin and judicial independence: providing accountability for justices.
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"Power over this unfortunate race": race, politics and Indian law in United States v. Rogers.
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The unrecognized right of criminal defendants to admit their own pretrial statements.
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Who's your daddy? Defining paternity rights in the context of free, private sperm donation.
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"SOLO EN INGLES": USING SECTION 208 OF THE VOTING RIGHTS ACT TO COMBAT MODERN LITERACY TESTS.
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The death of suspicion.
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Diversity and the civil jury.
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WEALTH, EQUAL PROTECTION, AND DUE PROCESS.
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Disabling the ADA: essences, better angels, and unprincipled neutrality claims.
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The common law genius of the Warren Court.
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RELIGIOUS FREEDOM THROUGH MARKET FREEDOM: THE SHERMAN ACT AND THE MARKETPLACE FOR RELIGION.
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A general theory of governance: due process and lawmaking power.(I. A Missed Opportunity to IV. Article I and the Limits of Enumeration B. The Obamacare Case, p. 1057-1087)
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Disability-based harassment: standing and standards for a "new" cause of action.
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Corrections for racial disparities in law enforcement.
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Judicial supremacy revisited: independent constitutional authority in American constitutional law and practice.
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Our prescriptive judicial power: constitutive and entrenchment effects of historical practice in federal courts law.
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USING WHAT WE HAVE: HOW EXISTING LEGAL AUTHORITIES CAN HELP FIX AMERICA'S NURSING HOME CRISIS.
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Applying equitable estoppel to ERISA pension benefit claims.
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THE ROAD TO HELL IS PAVED WITH GOOD INTENTIONS: DEINSTITUTIONALIZATION AND MASS INCARCERATION NATION.(Understanding and Responding to Mass Incarceration)
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You do have to keep your promises: a disgorgement theory of contract remedies.
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Community versus market values of life.
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Boyle v. United Technologies Corp. and the government contractor defense: an analysis based on the current Circuit split regarding the scope of the defense.
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Opening remarks.(The Civil Jury as a Political Institution)
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ENDORSING AFTER DEATH.(deceased celebrities)
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Contract as a transfer of ownership.
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THE VALUE OF INSIDER CONTROL.
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Corruption of religion and the establishment clause.
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Endrew's Impact on Twice-Exceptional Students.
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Disability, reciprocity, and "real efficiency": a unified approach.
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The morality of property.
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Definite articles: using the law review article type indicator (R) to make law review publishing decisions.
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Second-order diversity revisited.
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The slippery slope of secrecy: why patent law preempts reverse-engineering clauses in shrink-wrap licenses.
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Rolling over borrowers: preventing excessive refinancing and other necessary changes in the payday loan industry.
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Relative burdens: family ties and the safety net.
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Respecting deference: conceptualizing Skidmore within the architecture of Chevron.
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Taking behavioralism too seriously? The unwarranted pessimism of the new behavioral analysis of law.
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The radical possibility of limited community-based interpretation of the Constitution.
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GENETIC DUTIES.
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Personal jurisdiction based on the local effects of intentional misconduct.
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POLITICAL FAIR USE.
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The viability of certification in federal appellate procedure.
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Three reasons why even good property rights cause moral anxiety.
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Imperial and imperiled: the curious state of the executive.
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Rethinking the history of American freedom.
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The citizen lawyer and the administrative state.
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"Public service must begin at home": the lawyer as civics teacher in everyday practice.
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Extraterritoriality in U.S. patent law.
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Disparate impact: looking past the Desert Palace mirage.
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General law in federal court.
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Improving prosecutorial decision making: some lessons of cognitive science.
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THE DOMAINS OF LOYALTY: RELATIONSHIPS BETWEEN FIDUCIARY OBLIGATION AND INTRINSIC MOTIVATION.
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THE STATE OF EXACTIONS.
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Conciliatory institutions and constitutional processes in post-conflict states.
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SALARY HISTORY SHOULD BE HER STORY: UPHOLDING REGULATIONS OF SALARY HISTORY THROUGH A COMMERCIAL SPEECH ANALYSIS.
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Two section twos and two section fives: voting rights and remedies after Flores.
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A pasture theory of creative controls: a new approach to copyright and patent subject matter overgrowth.
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Free? exercise.
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A fiscal Constitution with supermajority voting rules.
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FINE(ING) WINE: CHALLENGING DIRECT-SHIPMENT LICENSING FEES ON DORMANT COMMERCE CLAUSE GROUNDS.
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New problems for subsidized speech.
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Why church and state should be separate.
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GERRYMANDERING AND ASSOCIATION.
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Judicial supremacy and taking conflicting rights seriously.
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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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The transformative Twelfth Amendment.
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THE CONSEQUENCES AND CONSTITUTIONALITY OF TRAINING POLICE TO BLAME VICTIMS.
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Statutes and democratic self-authorship.
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Appellate deference in the age of facts.
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Adopting proactive standards to protect Americans in indoor environments: volatile organic compound emissions regulation.
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Lies, damn lies, and misleading advertising: the role of consumer surveys in the wake of Mead Johnson v. Abbott Labs.
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JUDGING PATENTS.
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Disability cause lawyers.
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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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Rejecting refugees: homeland security's administration of the one-year bar to asylum.
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New theories of guilt on appeal in Virginia criminal cases.
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Leaving the Chisholm trail: the Eleventh Amendment and the background principle of strict construction.
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AFRAID FOR THE DARK: REGULATING LIGHT POLLUTION UNDER THE CLEAN WATER ACT.
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Suitable for framing: business deductions in a net income tax system.
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Oasis or mirage: the Supreme Court's thirst for dictionaries in the Rehnquist and Roberts eras.
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PERNICIOUS LOYALTY.
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SACKETT V. EPA AND THE FUTURE OF WETLAND PROTECTIONS.
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Reconstructing Galston's conception of state neutrality.
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From autonomy to agency: feminist perspectives on self-direction.
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CRISIS? WHOSE CRISIS?
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ANOTHER BITE AT THE APPLE OR THE SAME BITE? CHARACTERIZING HABEAS PETITIONS ON APPEAL AS PENDING INSTEAD OF FULLY ADJUDICATED.
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Collateral damage: the endangered center in American politics.
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TAX COLLECTORS FOR FAIR ADMISSIONS: ADVANCING STATE-LEVEL TAX INCENTIVES TO CURB LEGACY ADMISSIONS.
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More than IP: trademark among the consumer information laws.
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The Legislator-in-Chief.
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CREATING A RACIALIZED LIMINAL STATUS: THE 1790 ACT AND INTERSTITIAL CITIZENSHIP.(Naturalization Act of 1790)(response to Gabriel J. Chin and Paul Finkelman in this issue, p. 1047)
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A moral rights theory of private law.
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Harmonizing the exclusionary rights of patents with compulsory licensing.
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Stare decisis, Chevron, and Skidmore: do administrative agencies have the power to overrule courts?
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Much ado about nothing: signing statements, vetoes, and presidential constitutional interpretation.
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Why data privacy law is (mostly) constitutional.
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REDISTRICTING TRANSPARENCY.
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THE SUMMARY JUDGMENT REVOLUTION THAT WASN'T.
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The stumbling block: freedom, rationality, and legal scholarship.
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Getting from here to there: the rebirth of constitutional constraints on the special interest state.
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Charities in politics: a reappraisal.(III. Lobbying Charities or a Subsidy for Lobbying? Economies and Diseconomies of Scope A. Diseconomies 2. Effects on Warm Glow through Conclusion, with footnotes, p. 1596-1632)
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RETCONNING HELLER: FIVE TAKES ON NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC. V. BRUEN.
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Enterpreting agency enabling acts: misplaced metaphors in administrative law.
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PRIVATE RIGHTS OF ACTION IN PRIVACY LAW.
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A REASONABLE BIAS APPROACH TO GERRYMANDERING: USING AUTOMATED PLAN GENERATION TO EVALUATE REDISTRICTING PROPOSALS.
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Appellate review of sentences: reconsidering deference.
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The administrative constitution in exile.(Abstract into II. The Rule of the Exceptions A. Waivers and Delays, p. 923-948)
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JUDGING 'UNDER FIRE' AND THE RETREAT TO FACTS.
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An exploration of "noneconomic" damages in civil jury awards.
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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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On removal jurisdiction's unanimous consent requirement.
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NO-FAULT DIGITAL PLATFORM MONOPOLIZATION.
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The local law of global antitrust.
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RACE-BASED REMEDIES IN CRIMINAL LAW.
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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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Smokescreen: The Truth Behind the Tobacco Industry Cover-up.
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Regulatory takings and the original understanding of the takings clause.
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Everything old is new again: reaching the limits of INDOPCO's future benefits with the just-in-time management philosophy.
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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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The Supreme Court's quiet revolution: redefining the meaning of jurisdiction.(II. Problems with the Clear Statement Approach C. The Clear Statement Approach Is Retroactive through Conclusion, with footnotes, p. 2059-2095)
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The non-redelegation doctrine.(Introduction through II. Delegation and redelegation of federal sentencing policy B. Booker as Redelegation, p. 163-190)
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Some skepticism about normative constitutional advice.
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ISSUES.(Federal Rules of Civil Procedure)
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This Is an Intervention: The Role of Federal Courts in Suppressing Non-Compete Agreements.
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Law as largess: shifting paradigms of law for the poor.
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The power canons.
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ON TRUST: THE U.N. SECURITY COUNCIL AS FIDUCIARY.
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The new Massachusetts health law: preemption and experimentation.
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The promise of Internet intermediary liability.
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Rethinking drug inadmissibility.
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The insurance policy as social instrument and social institution.
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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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Political judges and popular justice: a conservative victory or a conservative dilemma?
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Critical Data Theory.(Understanding and Responding to Mass Incarceration)
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Preparing for the clothed public square: teaching about religion, civic education, and the Constitution.
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FOLLOWING OREGON'S TRAIL: IMPLEMENTING AUTOMATIC VOTER REGISTRATION TO PROVIDE FOR IMPROVED JURY REPRESENTATION IN THE UNITED STATES.
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White-collar plea bargaining and sentencing after Booker.
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THE FACTOR/ELEMENT DISTINCTION IN ANTITRUST LITIGATION.
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The test for seaman status: the Supreme Court muddies the waters again.
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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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Bias on the bench: raising the bar for U.S. immigration judges to ensure equality for asylum seekers.
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Let the jury do the waive: how Apprendi v. New Jersey applies to juvenile transfer proceedings.
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PROPHYLACTIC REDISTRJCTING? CONGRESS' SECTION 5 POWER AND THE NEW EQUAL PROTECTION RIGHT TO VOTE.
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THE NATURE OF SEQUENTIAL INNOVATION.
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A beautiful mend: a game theoretical analysis of the dormant Commerce Clause doctrine.
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CANNABIS, CONSUMERS, AND THE TRADEMARK LAUNDERING TRAP.
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Lawyers as citizens.
