William and Mary Law Review - page 5
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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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NO CHILD LEFT BEHIND BARS: APPLYING THE PRINCIPLES OF STRICT SCRUTINY WHEN SENTENCING JUVENILES TRIED AS ADULTS.
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RACE-BASED REMEDIES IN CRIMINAL LAW.
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Some skepticism about normative constitutional advice.
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JUDGING 'UNDER FIRE' AND THE RETREAT TO FACTS.
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Regulatory takings and the original understanding of the takings clause.
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ISSUES.(Federal Rules of Civil Procedure)
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The viability of certification in federal appellate procedure.
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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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Ratification of Kyoto aside: how international law and market uncertainty obviate the current U.S. approach to climate change emissions.
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A REASONABLE BIAS APPROACH TO GERRYMANDERING: USING AUTOMATED PLAN GENERATION TO EVALUATE REDISTRICTING PROPOSALS.
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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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Bias on the bench: raising the bar for U.S. immigration judges to ensure equality for asylum seekers.
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RETCONNING HELLER: FIVE TAKES ON NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC. V. BRUEN.
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WHY (AND HOW) THE CONSTITUTION SHOULD PROTECT PRISONERS FROM GRATUITOUS DISCLOSURE OF THEIR HIV/AIDS STATUS.
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This Is an Intervention: The Role of Federal Courts in Suppressing Non-Compete Agreements.
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Why now is not the time for constitutional amendment: the limited reach of City of Boerne v. Flores.
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How takings legislation could improve environmental regulation.
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YOU CAN'T HAVE YOUR VOTE AND DILUTE IT TOO: CLOSING THE VOTING RIGHTS ACT LOOPHOLE IN GERRYMANDERING CLAIMS.
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The business of suing: determining when a professional plaintiff should have standing to bring a private enforcement action.
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The long distance remand: Florida v. Bostick and the re-awakened bus search battlefront in the war on drugs.
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The annoying Constitution: implications for the allocation of interpretive authority.(Special Issue on Judicial Supremacy)
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ON TRUST: THE U.N. SECURITY COUNCIL AS FIDUCIARY.
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A union of formalism and flexibility: allowing employers to set their own liability under federal employment discrimination laws.
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A good lawyer and a good person.
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Shareholder democracy and the curious turn toward board primacy.
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Introductory remarks.
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Empowering stakeholders; limits on collaboration as the basis for flexible regulation.
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The fragmented liberty clause.
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The elephant in the courtroom: litigating the premerger fix in Arch Coal and beyond.
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Should the law preserve party control? Litigation investment, insurance law, and double standards.
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Playing by the rules: combating al Qaeda within the law of war.
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Introduction.
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Behind bars: are corporate counsel captive to state licensure?
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BORROWING IN THE SHADOW OF DEATH: ANOTHER LOOK AT PROBATE LENDING.
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Addressing the cloud over employee references: a survey of recently enacted state legislation.
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Cool federalism and the life-cycle of moral progress.
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Imitation is the sincerest form of ... infringement? Guitar tabs, fair use, and the Internet.
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A new formalism for family law.
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TRIBALISM AND DEMOCRACY.
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RACE OR PARTY, RACE AS PARTY, OR PARTY ALL THE TIME: THREE UNEASY APPROACHES TO CONJOINED POLARIZATION IN REDISTRICTING AND VOTING CASES.
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Privacy and consent over time: the role of agreement in Fourth Amendment analysis.
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Transferring policymaking power to judges - the effect of judicially enforceable constitutional restraints is not a defensible alternative to majority rule.
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UNREASONABLE TRAFFIC STOPS.
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Expressive liberty, moral pluralism, political pluralism: three sources of liberal theory.
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AFTER GRANTS PASS: THE CASE FOR RECENTERING THE CRIMINAL LEGAL SYSTEM AND ITS CONSTITUTIONAL CONSTRAINTS.
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THE SUMMARY JUDGMENT REVOLUTION THAT WASN'T.
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Release as remedy for excessive punishment.
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A wrong step in the right direction: the National Taxpayer Advocate and the 1998 IRS Restructuring and Reform Act.
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Systemic lying.
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ELECTION SUBVERSION AND THE WRIT OF MANDAMUS.
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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.
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St. George Tucker and the Second Amendment: original understandings and modern misunderstandings.
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"Public service must begin at home": the lawyer as civics teacher in everyday practice.
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Ex tempore contracting.
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Normativity and objectivity in law.
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Gimme shelter: does the Fair Housing Amendments Act of 1988 require accommodations for the financial circumstances of the disabled?
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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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CONSTITUTIONAL INJURY AND TANGIBILITY.
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Reconciling privacy and speech in the era of big data: a comparative legal analysis.
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Patent first, ask questions later: morality and biotechnology in patent law.
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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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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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Why jurisprudence doesn't matter for customary international law.
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STATE SOVEREIGN IMMUNITY AND THE NEW PURPOSIVISM.
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The 1972 U.S.-Soviet ABM treaty: cornerstone of stability or relic of the cold war?
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Tinker-ing with speech categories: solving the off-campus student speech problem with a categorical approach and a comprehensive framework.
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Depoliticizing financial regulation.
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The beginning of the end: using Ohio's plan to eliminate juvenile solitary confinement as a model for statutory elimination of juvenile solitary confinement.
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Communis Opinio and the methods of statutory interpretation: interpreting law or changing law.
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THE INTERNET OF BODIES.
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The dubious origins and dangers of clawback and quick-peek agreements: an argument against their codification in the Federal Rules of Civil Procedure.
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A sea change to change the sea: stopping the spread of the Pacific Garbage Patch with small-scale environmental legislation.
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STALE REAL ESTATE COVENANTS.
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WHEN (AND WHY) THE LEVEE BREAKS: A SUGGESTED CAUSATION FRAMEWORK FOR TAKINGS CLAIMS THAT ARISE FROM GOVERNMENT-INDUCED FLOODING.
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Toward a theory of precedent in arbitration.
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Federalism and foreign affairs: Congress' power to 'define and punish ... offenses against the law of nations'.
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Waiver of the right to appeal sentencing in plea agreements with the federal government.
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Why plea bargains are not confessions.
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Agencies running from agency discretion.
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Law's dark matter.
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Preparing for 2006: a constitutional argument for closing the 527 soft money loophole.
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Drugs for the indigent: a proposal to revise the 340B drug pricing program.
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WORKPLACE WELLNESS PROGRAMS: EMPIRICAL DOUBT, LEGAL AMBIGUITY, AND CONCEPTUAL CONFUSION.
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The rhetoric of constitutional absolutism.
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Nonmarket values in family businesses.
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What is the "invention"?
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The price of misdemeanor representation.
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Yet another constitutional crisis?
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The First Amendment's public forum.
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ACADEMIC ECONOMIC ESPIONAGE?
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JANUS-FACED JUDGING: HOW THE SUPREME COURT IS RADICALLY WEAKENING STARE DECISIS.
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Toward a new model of consumer protection: the problem of inflated transaction costs.
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Reconsidering the institutional design of federal securities regulation.
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The good cop: knowing the difference between lawful or effective policing and rightful policing - and why it matters.
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Should the law preserve party control? Litigation investment, insurance law, and double standards.
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DISCOVERING EBAY'S IMPACT ON COPYRIGHT INJUNCTIONS THROUGH EMPIRICAL EVIDENCE.
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State income tax jurisdiction: a jurisprudential and policy perspective.
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Revisiting the impact of judicial review on agency rulemakings: an empirical investigation.
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State courts adopting federal constitutional doctrine: case-by-case adoptionism or prospective lockstepping?
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PEREIRA'S AFTERSHOCKS.
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EQUAL LIBERTY IN PROPORTION.
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A critical guide to Erie Railroad Co. v. Tompkins.(Introduction through I. The Relationship Between State and Federal Courts Before Erie, p. 921-949)
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DECOMMODIFYING CULTURAL HERITAGE: A LINGUISTIC UNPACKING OF "CULTURAL PROPERTY".
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THE IMPLICATIONS OF SECTION 230 FOR BLACK COMMUNITIES.(Telecommunications Act of 1996)(Introduction through III. The Implications of Section 230 Reforms for Black Communities E. Content Neutrality Proposals, with footnotes, p. 109-186)
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A process failure theory of statutory interpretation.
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NERF THIS: COPYRIGHTING HIGHLY CREATIVE VIDEO GAME STREAMS AS SPORTS BROADCASTS.
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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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Editor's note.
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Producing speech.
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Inevitable disclosure through an Internet lens: is the doctrine's demise truly inevitable?
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The political economy of application fees for indigent criminal defense.
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Customary Corruption.
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Eliminating the intent requirement in constructive discharge cases: Pennsylvania State Police v. Suders.
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SECTION 898: TARGETING THE COMPANIES BEHIND GUN VIOLENCE IN NEW YORK WITH PUBLIC NUISANCE DOCTRINE.(New York General Business Law)
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A NEW COMPACT FOR SEXUAL PRIVACY.
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Two faces: demystifying the Mortgage Electronic Registration System's land title theory.
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Adjudication in Indian country: the confusing parameters of state, federal, and tribal jurisdiction.
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The once and future federal grazing lands.
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Lawmakers as lawbreakers.
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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.
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A problem of standards? Another perspective on secret law.
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Precedent or problem? Alameda County's diversion policy for youth charged with prostitution and the case for a policy of immunity.
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Law, biology, and property: a new theory of the endowment effect.
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REDLIKING: WHEN REDLINING GOES ONLINE.
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Reflections on the future of the legal academy.
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Of Pitcairn's Island and American constitutional theory.
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Structural review, pseudo-second-look decision making, and the risk of diluting constitutional liberty.
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Judicial review of administrative policymaking.
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The administrative constitution in exile.
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Causing damage without authorization: the limitations of current judicial interpretations of employee authorization under the Computer Fraud and Abuse Act.
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The insurance policy as social instrument and social institution.
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Regulating drones under the First and Fourth Amendments.
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Alden v. Maine and the jurisprudence of structure.
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Will, judgment, and economic liberty: Mr. Justice Souter and the mistranslation of the Due Process Clause.
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ENDANGERED CLAIMS.
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Lost fidelities.
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Patently protectionist? An empirical analysis of patent cases at the International Trade Commission.
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A products liability theory for the judicial regulation of insurance policies.
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Theoretical tension and doctrinal discord: analyzing development impact fees as takings.
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The New Necessity.
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The jurisprudence of punishment.
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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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USING WHAT WE HAVE: HOW EXISTING LEGAL AUTHORITIES CAN HELP FIX AMERICA'S NURSING HOME CRISIS.
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Article III's Constraints on the Legislative Power.
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"SOLO EN INGLES": USING SECTION 208 OF THE VOTING RIGHTS ACT TO COMBAT MODERN LITERACY TESTS.
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SALVATION FROM THE PURGATORY BETWEEN PERSONHOOD AND PROPERTY: DISINTERRING EVIDENCE FOR PROPERTY RIGHTS IN HUMAN REMAINS.
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The Right to a Nuisance-Free Public Education.(Brown v. Board of Education at 70)
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A SAFE CULTURE FOR NEUROSCIENCE.(Imagining the Future of Law and Neuroscience)
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Forfeiting trust.
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Constitution writing in post-conflict settings: an overview.
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MAKING VIRTUAL THINGS.(non-fungible tokens)
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PREEMPTING THE STATES AND PROTECTING THE CHARITIES: A CASE FOR NONPROFIT-EXEMPTING FEDERAL ACTION IN CONSUMER DATA PRIVACY.
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Initiating a new constitutional dialogue: the increased importance under AEDPA of seeking certiorari from judgments of state courts.
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Rejecting refugees: homeland security's administration of the one-year bar to asylum.
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Outsourcing and the globalizing legal profession.
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AFRAID FOR THE DARK: REGULATING LIGHT POLLUTION UNDER THE CLEAN WATER ACT.
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Race Without Racism: Religious School Curricula and the Race-Neutral Legacy of Brown.(Brown v. Board of Education at 70)
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Implied-in-fact contracts under the Federal Acquisition Regulation: why PacOrd got it wrong.
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Resolving election error: the dynamic assessment of materiality.
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'Arranger liability' under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): judicial retreat from legislative intent.
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The federal common law of statutory interpretation: Erie for the age of statutes.
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A proposed antitrust approach to high technology competition.
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Presidential constitutionalism and civil rights.(Abstract through II. Presidental Constitutionalism as Civil Rights Enforcement E. Abortion, p. 1719-1752)
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How to write a life: some thoughts on fixation and the copyright/privacy divide.
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Some alarming aspects of the legacies of judicial review and of John Marshall.
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Four reflections on law and morality.
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Scope.
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The rhetoric of constitutional absolutism.
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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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Expedited removal and discrimination in the asylum process: the use of humanitarian aid as a political tool.
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Punishing sexual fantasy.
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A new formalism for family law.
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Death, desuetude, and original meaning.
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PRIVATE SCHOOLS' ROLE AND RIGHTS IN SETTING VACCINATION POLICY: A CONSTITUTIONAL AND STATUTORY PUZZLE.
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Two versions of judicial supremacy.
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Rethinking review standards in asylum.(Introduction to II. Reasons for Stricter Review: Deficiencies Within Immigration Adjudication A. Lack of Institutional Capacity: Under-Resourcing Problems at the Executive Office for Immigration Review (EOIR) (204), p. 581-614)
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Preparing for the clothed public square: teaching about religion, civic education, and the Constitution.
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CREATING AN UNPRECEDENTED NUMBER OF PRECEDENTS AT THE U.S. COURT OF APPEALS FOR VETERANS CLAIMS.
