William and Mary Law Review - page 5
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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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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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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.
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JUSTICE ALITO'S LAUNDRY LIST: HIGHLIGHTS FROM APPENDIX C OF BOSTOCK AND A ROADMAP FOR LGBTQ+ LEGAL ADVOCATES.
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Is legality political?
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Some thoughts about citizen lawyers.
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The jury as a political institution: an internal perspective.
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Corporate speech, securities regulation, and an institutional approach to the First Amendment.
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The empire of illness: competence and coercion in health-care decision making.
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The hidden legacy of Holy Trinity Church: the unique national institution canon.
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A jury of one's peers: Virginia's restoration of rights process and its disproportionate effect on the African American community.
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Why are there tax havens?
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ANTITRUST AND THE POLITICS OF STATE ACTION.
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Charities in politics: a reappraisal.
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Implementing enumeration.
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BLOCKCHAIN REAL ESTATE AND NFTS.
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Trademarks and the boundaries of the firm.
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Internal Revenue Code section 1259: a legitimate foundation for taxing short sales against the box or a mere makeover?
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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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Resolving election error: the dynamic assessment of materiality.
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The federal medical loss ratio: a permissible federal regulation or an encroachment on state power?
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From autonomy to agency: feminist perspectives on self-direction.
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The litigation finance contract.
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REGULATING ARMED PRIVATE MILITIA GATHERINGS: A CONSTITUTIONAL STATE-LEVEL PROPOSAL TO PROMOTE PUBLIC SAFETY IN A POST-HELLER WORLD.
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THE DIVERSITY OF NORM PSYCHOLOGIES: A CHALLENGE FOR THE LAW.
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Corporate governance in an era of compliance.
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The current state of the peremptory challenge.
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Introduction.
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The fiscal powers and the 1930s: entrenchment.
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Nomos, narrative, and adjudication: toward a jurisgenetic theory of law.
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Killing Roger Coleman: habeas, finality, and the innocence gap.
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Judicial review and institutional choice.
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The taxation of private equity carried interests: estimating the revenue effects of taxing profit interests as ordinary income.
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Expressive liberty, moral pluralism, political pluralism: three sources of liberal theory.
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Statehood as the new personhood: the discovery of fundamental 'states' rights'.
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Diversity and discrimination: a look at complex bias.
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THE NATURE OF SEQUENTIAL INNOVATION.
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Protean statutory interpretation in the courts of appeals.
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PRIOR APPROPRIATION.
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Surviving the shipwreck: a proposal to revive the failing division defense.
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Group agency and legal proof; or, why the jury is an 'it'.
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Justice in plea bargaining.
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Pricing the Fourth Amendment.
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In need of enlightenment: the International Trade Commission's misguided analysis in sunset reviews.
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Retroactive recognition of same-sex marriage for the purposes of the confidential marital communications privilege.
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ELECTION LAW "FEDERALISM" AND THE LIMITS OF THE ANTIDISCRIMINATION FRAMEWORK.
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Could and should America have made an Ottoman Republic in 1919?
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A process failure theory of statutory interpretation.
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The rotten foundations of securitization.
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The flawed economics of the dormant Commerce Clause.
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Amateur-to-amateur.
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A general theory of governance: due process and lawmaking power.
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Conspiracy theory: the use of the conspiracy doctrine in times of national crisis.
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A beautiful mend: a game theoretical analysis of the dormant Commerce Clause doctrine.
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Designing plea bargaining from the ground up: accuracy and fairness without trials as backstops.
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GOLDILOCKS AND THE RULE 803 HEARSAY EXCEPTIONS.
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Lessons from the rise and (possible) fall of Chinese township-village enterprises.
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Why jurisprudence doesn't matter for customary international law.
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CANNABIS, CONSUMERS, AND THE TRADEMARK LAUNDERING TRAP.
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Lawyers as citizens.
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Jurisdictional procedure.
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INCITEMENT AND SOCIAL MEDIA-ALGORITHMIC SPEECH: REDEFINING BRANDENBURG FOR A DIFFERENT KIND OF SPEECH.
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Personal enough for protection: the Fifth Amendment and single-member LLCS.
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Plausibly pleading employment discrimination.
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Reconciling privacy and speech in the era of big data: a comparative legal analysis.
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Rolling over borrowers: preventing excessive refinancing and other necessary changes in the payday loan industry.
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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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Internet exceptionalism: an overview from general constitutional law.
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Foreword.
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Baghdad, Tokyo, Kabul ...: constitution making in occupied states.
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Neutral principles and some campaign finance problems.
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Spandrel or Frankenstein's monster? The vices and virtues of retrofitting in American law.
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The Founders and the president's authority over foreign affairs.
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The importance of immutability in employment discrimination law.
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The Armstrong principle, the narratives of takings, and compensation statutes.
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Renting the good life.
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Circling back to the obvious: the convergence of traditional and reverse discrimination in Title VII proof.
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'Relative checks': towards optimal control of administrative power.
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Valid rule due process challenges: Bond v. United States and Erie's constitutional source.
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Law's limited domain confronts morality's universal empire.
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The costs of easy victory.
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The dangers of the Digital Millennium Copyright Act: much ado about nothing?
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STIGMA IN THE STATUTE: WHEN THE LANGUAGE OF THE LAW INJURES.
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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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Coercing privacy.
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CHALLENGING CONGRESS'S SINGLE-MEMBER DISTRICT MANDATE FOR U.S. HOUSE ELECTIONS ON POLITICAL ASSOCIATION GROUNDS.
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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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Political judges and popular justice: a conservative victory or a conservative dilemma?
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Determining extraterritoriality.
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Scope.
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On the nature of federal bankruptcy jurisdiction: a general statutory and constitutional theory.
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ACCIDENTS AND AGGREGATES.
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The easy case for derivatives use: advocating a corporate fiduciary duty to use derivatives.
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The case for strict statutory construction of mandatory agency deadlines under section 706(1).
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Plea bargaining and disclosure in Germany and the United States: comparative lessons.
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Adjudication and the problems of incommensurability.
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The changing guard of patent law: Chevron deference for the PTO.
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The citizen lawyer.
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Windsor beyond marriage: due process, equality & undocumented immigration.
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Why Congress does not challenge judicial supremacy.
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Reasonable accommodation of workplace disabilities.
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Connecting the dots: Grutter, school desegregation, and federalism.
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Systemic lying.
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Tortured prosecuting: closing the gap in Virginia's criminal code by adding a torture statute.
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Cities, property, and positive externalities.
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What to do with Daubert: how to bring standards of reliable scientific evidence to the national vaccine injury compensation program.
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Release as remedy for excessive punishment.
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The procompetitive interest in intellectual property law.
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Systemic lying.
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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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How not to challenge the Court.
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Constitutional lessons for the next generation of public single-sex elementary and secondary schools.
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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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Wireless facilities are a towering problem: how can local zoning boards make the call without violating section 704 of the Telecommunications Act of 1996?
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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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WHEN (AND WHY) THE LEVEE BREAKS: A SUGGESTED CAUSATION FRAMEWORK FOR TAKINGS CLAIMS THAT ARISE FROM GOVERNMENT-INDUCED FLOODING.
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What's guilt (or deterrence) got to do with it? The death penalty, ritual, and mimetic violence.
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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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Stare decisis, Chevron, and Skidmore: do administrative agencies have the power to overrule courts?
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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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The morality of property.
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COMPENSATION AT THE CROSSROADS: AUTONOMOUS VEHICLES & ALTERNATIVE VICTIM COMPENSATION SCHEMES.
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Gaps, inexperience, inconsistencies, and overlaps: crisis in the regulation of genetically modified plants and animals.
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The rhetoric of constitutional absolutism.
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Nonmarket values in family businesses.
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Statutory interpretation as contestatory democracy.
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What is the "invention"?
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Yet another constitutional crisis?
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A new formalism for family law.
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THE ROAD NOT TAKEN: A CRITICAL JUNCTURE IN RACIAL PREFERENCES FOR NATURALIZED CITIZENSHIP.(response to Gabriel J. Chin and Paul Finkelman in this issue, p. 1047)
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The curious complications with back-end opt-out rights.
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WORKPLACE WELLNESS PROGRAMS: EMPIRICAL DOUBT, LEGAL AMBIGUITY, AND CONCEPTUAL CONFUSION.
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Supermajority rules as a constitutional solution.
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Conflicts of interest in scientific expert testimony.
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Taking behavioralism too seriously? The unwarranted pessimism of the new behavioral analysis of law.
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ABORTION, STERILIZATION, AND THE UNIVERSE OF REPRODUCTIVE RIGHTS.
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Toward a theory of precedent in arbitration.
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THE TRUMP IMPEACHMENTS: LESSONS FOR THE CONSTITUTION, PRESIDENTS, CONGRESS, JUSTICE, LAWYERS, AND THE PUBLIC.
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The First Amendment's public forum.
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Explaining the Supreme Court's shrinking docket.
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A strategy for mercy.
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Reflections on coercing privacy.
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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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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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Reflections on the future of the legal academy.
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Will, judgment, and economic liberty: Mr. Justice Souter and the mistranslation of the Due Process Clause.
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Structural review, pseudo-second-look decision making, and the risk of diluting constitutional liberty.
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The once and future federal grazing lands.
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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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Lawmakers as lawbreakers.
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Alden v. Maine and the jurisprudence of structure.
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The administrative constitution in exile.
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Laws for learning in an age of acceleration.
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Law, biology, and property: a new theory of the endowment effect.
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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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Criminalizing "private" torture.
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Death, desuetude, and original meaning.
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Lost fidelities.
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ENDANGERED CLAIMS.
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The jurisprudence of punishment.
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Some thoughts on the study of judicial behavior.
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HISTORIC DISTRICTS: PRESERVING THE OLD WITH THE COMPATIBLE NEW.
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Four reflections on law and morality.
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Recalibrating the cost of harm advocacy: getting beyond Brandenburg.
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Disability-based harassment: standing and standards for a 'new' cause of action.
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Rethinking review standards in asylum.
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'Power over this unfortunate race': race, politics and Indian law in United States v. Rogers.
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Who speaks Latin anymore? Translating de minimis use for application to music copyright infringement and sampling.
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Three reasons why even good property rights cause moral anxiety.
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Implied-in-fact contracts under the Federal Acquisition Regulation: why PacOrd got it wrong.
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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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Solving Batson.
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THE AUTHORITY OF INTERNATIONAL REFUGEE LAW.
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Soft supremacy.
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Contributory disparate impacts in employment discrimination law.
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Meaning, intention, and the hearsay rule.
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The citizen lawyer - a brief informal history of a myth with some basis in reality.
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Putting the plaintiff class' needs in the lead: reforming class action litigation by extending the lead plaintiff provision of the Private Securities Litigation Reform Act.
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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 failure of punitive damages in employment discrimination cases: a call for change.
