William and Mary Law Review - page 4
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John Marshall through the eyes of an admirer: John Quincy Adams.
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Oppression, lies, and the dream of autonomy.
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On the evasion of executive term limits.
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Guideline institutionalization: the role of merger guidelines in antitrust discourse.
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The mechanics of First Amendment audience analysis.
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Government messages and government money: Santa Fe, Mitchell v. Helms, and the arc of the Establishment Clause.
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The 'dirty little secret': why class actions have emerged as the only viable option for women inmates attempting to satisfy the subjective prong of the Eighth Amendment in suits for custodial sexual abuse.
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Power, policy, and the Hyde Amendment: ensuring sound judicial interpretation of the criminal attorneys' fees law.
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The continuing drift of federal sovereign immunity jurisprudence.
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MANUFACTURING SOVEREIGN STATE MOOTNESS.
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PRICING DRUGS FAIRLY.
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Bonding limited liability.
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Exploiting ambiguity in the Supreme Court: cutting through the Fifth Amendment with transferable development rights.
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Speech, intent, and the chilling effect.
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Weighing in on the wine wars: what the European Union can teach us about the direct shipment controversy.
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Estop in the name of love: a case for constructive marriage in Virginia.
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THE CASE OF THE RELIGIOUS GAY BLOOD DONOR.
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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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Guns, words, and constitutional interpretation.
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Local rules and the limits of trans-territorial procedure.
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Distinguishing lost profits from reasonable royalties.
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Government for hire: privatizing foreign affairs and the problem of accountability under international law.
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The second dimension of the Supreme Court.
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CONTRACTUAL TAX REFORM.
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The logic of contract in the world of investment treaties.
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A realistic approach to the obviousness of inventions.
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Collateral damage: the endangered center in American politics.
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Antitrust error.
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Dr. Miles is dead. Now what? Structuring a rule of reason for evaluating minimum resale price maintenance.
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Blackstone's curse: the fall of the criminal, civil, and grand juries and the rise of the executive, the legislature, the judiciary, and the states.
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The discourse of law in time of war: politics and professionalism during the Civil War and Reconstruction.
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Why data privacy law is (mostly) constitutional.
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The content/envelope distinction in Internet law.
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Two versions of judicial supremacy.
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Group agency and legal proof; or, why the jury is an 'it'.
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An exploration of "noneconomic" damages in civil jury awards.
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Much ado about nothing: signing statements, vetoes, and presidential constitutional interpretation.
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Banging on the backdoor draft: the constitutional validity of stop-loss in the military.
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The rhetoric of constitutional absolutism.
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THE JUDICIAL REFORMS OF 1937.
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Derailing the gravy train: a three-pronged approach to end fraud in mass tort medical diagnosing.
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Judicial departmentalism: an introduction.
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MAKING WAVES: HOW MANDATED ARBITRATION COULD BETTER ADDRESS CULTURAL HERITAGE AND BRING TREASURE SALVAGE LAW INTO THE TWENTY-FIRST CENTURY.
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ON TRUST: THE U.N. SECURITY COUNCIL AS FIDUCIARY.
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DIGITAL ASSET REGULATION: PEERING INTO THE PAST, PEERING INTO THE FUTURE.
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The team production theory of corporate law: a critical assessment.
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FREE SPEECH, RATIONAL DELIBERATION, AND SOME TRUTHS ABOUT LIES.
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Tribute: eulogy, William B. Sprong, Jr., United States Senator (1966-1973), Dean of the College of William and Mary School of Law (1976-1985).
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Sleight of hand.
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Lochner, parity, and the Chinese laundry.
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WHOM SHOULD WE PUNISH, AND HOW? RATIONAL INCENTIVES AND CRIMINAL JUSTICE REFORM.
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Forensic constitutional interpretation.
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PACKING AND UNPACKING STATE COURTS.
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Medicaid and the enforceable right to receive medical assistance: The need for a definition of 'medical assistance'.
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BLOCKCHAINS AS INFRASTRUCTURE AND SEMICOMMONS.
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Easing the spring: strict scrutiny and affirmative action after the redistricting cases: 2001 Cutler Lecture.
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Rules and standards on the forefront of patentability.
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Taking teacher quality seriously.
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Disability, reciprocity, and 'real efficiency': a unified approach.
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An empirical study of implicit takings.
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Protecting privacy to prevent discrimination.
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The tax consequences of the statutory right of redemption in property foreclosures.
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The citizen lawyer and the administrative state.
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The cost of securities fraud.
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ASSOCIATIONS AND CITIES AS (FORBIDDEN) PURE PRIVATE ATTORNEYS GENERAL.
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Endrew's Impact on Twice-Exceptional Students.
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Disaggregating antidiscrimination and accommodation.
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Opening remarks.
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Reveille for Congress: a challenge to revise rape law in the military.
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The futile quest for racial neutrality in capital selection and the Eight Amendment argument for abolition based on unconscious racial discrimination.
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The cost of securities fraud.
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Protecting our children and the constitution: an analysis of the 'virtual' child pornography provisions of the Protect Act of 2003.
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ABANDONING COPYRIGHT.
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Riding on a diamond in the sky: the DBS set-aside provisions of the 1992 Cable Act.
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IMPLIED ORGANIZATIONS AND TECHNOLOGICAL GOVERNANCE.
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A new look at the original meaning of the diversity clause.
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INTERPRETING ORGANIZATIONAL 'CONTRACTS' AND THE PRIVATE ORDERING OF PUBLIC COMPANY GOVERNANCE.
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Pro-constitutional representation: comparing the role obligations of judges and elected representatives in constitutional democracy.
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Two section twos and two section fives: voting rights and remedies after Flores.
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Friendly precedent.
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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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FUNCTIONAL CORPORATE KNOWLEDGE.
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Plea bargaining's baselines.
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WITHHOLDING INJUNCTIONS IN COPYRIGHT CASES: IMPACTS OF EBAY.
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PERNICIOUS LOYALTY.
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Spinning in a hot IPO: breach of fiduciary duty or business as usual?
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Bridging the gap between work and family: accomplishing the goals of the Family and Medical Leave Act of 1993.
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A fiscal Constitution with supermajority voting rules.
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The derivative nature of corporate constitutional rights.
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Storming the castle to save the children: the ironic costs of a child welfare exception to the Fourth Amendment.
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The rhetoric of constitutional absolutism.
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A devil disguised as a corporate angel? Questioning corporate charitable contributions to 'independent' directors' organizations.
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GERRYMANDERING AND ASSOCIATION.
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The little guy myth: the Fair Act's victimization of small business.
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Remedy gone awry: weighing in on weighted voting.
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The dead end of deterrence, and beyond.
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Judicial supremacy and taking conflicting rights seriously.
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FIDUCIARY LAW AND THE LAW OF PUBLIC OFFICE.
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PAYING FOR THE PRIVILEGE OF PUNISHMENT: REINTERPRETING EXCESSIVE FINES CLAUSE DOCTRINE TO ALLOW STATE PRISONERS TO SEEK RELIEF FROM PAY-TO-STAY FEES.
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Ex tempore contracting.
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Statutes and democratic self-authorship.
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The elephant in the courtroom: litigating the premerger fix in Arch Coal and beyond.
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THE (LIMITED) CONSTITUTIONAL RIGHT TO COMPETE IN AN OCCUPATION.
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AFTERWORD: A REPLY TO COMMENTATORS.(history and demographics of American citizenship)(response to articles in this issue, p. 1117, 1137, 1157, 1177)
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Wake up and smell the contraband: why courts that do not find probable cause based on odor alone are wrong.
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Appellate deference in the age of facts.
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ERISA Section 104(b)(4): what documents do employees have a right to demand from their employers?
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Should states have greater standing rights than ordinary citizens? Massachusetts v. EPA's new standing test for states.
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Jurisdictional procedure.
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OPTIMIZING CYBERSECURITY RISK IN MEDICAL CYBER-PHYSICAL DEVICES.
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Relative burdens: family ties and the safety net.
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MONOPOLIZING DIGITAL COMMERCE.
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Universes colliding: the constitutional implications of arbitral class actions.
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Political judging: when due process goes international.
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Bargaining in the shadow of love: the enforcement of premarital agreements and how we think about marriage.
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PATENT PROPHYLAXIS: EXPANDING ACCESS TO PREP THROUGH 28 U.S.C. [section] 1498.
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NEUROSCIENCE, CRIMINAL SENTENCING, AND HUMAN RIGHTS.
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Determining the deception of sexual orientation change efforts.
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Should juvenile adjudications count as prior convictions for Apprendi purposes?
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Agencies running from agency discretion.
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Neutral principles and some campaign finance problems.
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Exempting police from 18 U.S.C.
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A Dickensian era of religious rights: an update on religious human rights in global perspective.
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Juries as regulators of last resort.
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An industrial organization approach to copyright law.
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FISCAL WAIVERS AND STATE "INNOVATION" IN HEALTH CARE.
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Counting votes and discounting holdings in the Supreme Court's takings cases.
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ADMINISTRATIVE DISSENTS.
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Citizens, united and Citizens United: the future of labor speech rights?
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Copyright essentialism and the performativity of remedies.
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Presidential constitutionalism and civil rights.
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A proposed antitrust approach to high technology competition.
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THE FACTOR/ELEMENT DISTINCTION IN ANTITRUST LITIGATION.
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TO THINE OWN SELF BE TRUE? INCENTIVE PROBLEMS IN PERSONALIZED LAW.
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Marriage mimicry: the law of domestic violence.
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Sentencing acquitted conduct to the post-Booker dustbin.
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Let the jury do the waive: how Apprendi v. New Jersey applies to juvenile transfer proceedings.
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Oasis or mirage: the Supreme Court's thirst for dictionaries in the Rehnquist and Roberts eras.
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CRIMINAL TRESPASS AND COMPUTER CRIME.
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Some thoughts on the study of judicial behavior.
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The sixties shift to formal equality and the courts: an argument for pragmatism and politics.
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Outlaws and outlier doctrines: the serious misconduct bar in tort law.
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BOARD GENDER DIVERSITY: A PATH TO ACHIEVING SUBSTANTIVE EQUALITY IN THE UNITED STATES.
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The political economy of international antitrust harmonization.
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Personal curtilage: Fourth Amendment security in public.
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Setting the terms of a break-up: the convergence of federal merger remedy policies.
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THE ARTICLE III "PARTY" AND THE ORIGINALIST CASE AGAINST CORPORATE DIVERSITY JURISDICTION.
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Cartels, agency costs, and finding virtue in faithless agents.
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More than IP: trademark among the consumer information laws.
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Harmonizing the exclusionary rights of patents with compulsory licensing.
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Instant runoff voting: a cure that is likely worse than the disease.
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LOOKING BEYOND BATSON: A DIFFERENT METHOD OF COMBATING BIAS AGAINST QUEER JURORS.
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The logic of contract in the world of investment treaties.
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The stumbling block: freedom, rationality, and legal scholarship.
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The administrative constitution in exile.
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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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The Supreme Court's quiet revolution: redefining the meaning of jurisdiction.
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Charities in politics: a reappraisal.
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RACE-BASED REMEDIES IN CRIMINAL LAW.
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PRIVATE RIGHTS OF ACTION IN PRIVACY LAW.
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Apportioning the risk of delay in construction projects: a proposed alternative to the inadequate 'no damages for delay' clause.
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Smokescreen: The Truth Behind the Tobacco Industry Cover-up.
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Preparing for the clothed public square: teaching about religion, civic education, and the Constitution.
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An alternate approach to channeling?
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Looking forward while looking back: using debtors' post-petition financial changes to find bankruptcy abuse after BAPCPA.
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The fragmented liberty clause.
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Why political reliance on religiously grounded morality does not violate the Establishment Clause.
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ENDORSING AFTER DEATH.
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The litigation finance contract.
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Establishing uniformity: the need for a per se rule against the grouping of money laundering and fraud counts under the federal sentencing guidelines.
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General law in federal court.
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THE INTEGRITY OF MARRIAGE.
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PRIVACY OR THE POLLS: PUBLIC VOTER REGISTRATION LAWS AS A MODERN FORM OF VOTE DENIAL.
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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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The Constitution in Congress: Jefferson and the West, 1801-1809.
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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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Introductory remarks.
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NEUROSCIENCE AND CRIMINAL JUSTICE: TIME FOR A "COPERNICAN REVOLUTION?"(Imagining the Future of Law and Neuroscience)
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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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BORROWING IN THE SHADOW OF DEATH: ANOTHER LOOK AT PROBATE LENDING.
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Appraising a presumption: a modern look at the doctrine of specific performance in real estate contracts.
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REDISTRICTING TRANSPARENCY.
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Defending Daubert: it's time to amend Federal Rule of Evidence 702.
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Premodern constitutionalism.
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Secondary liability for actively inducing patent infringement: which intentions pave the road?
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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 guilt dispositive? Federal habeas after Martinez.
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Rights gone wrong: a case against wrongful life.
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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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The annoying Constitution: implications for the allocation of interpretive authority.
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Leave and marriage: the flawed progress of paternity leave in the U.S. military.
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The mechanics of First Amendment audience analysis.
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Personal jurisdiction based on the local effects of intentional misconduct.
