William and Mary Law Review - page 6
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PATERNALISM, TOLERANCE, AND ACCEPTANCE: MODELING THE EVOLUTION OF EQUAL PROTECTION IN THE CONSTITUTIONAL CANON.
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Suitable for framing: business deductions in a net income tax system.
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Adjudicating in anarchy: an expressive theory of international dispute resolution.
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Law, language, and lenity.
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Introductory remarks: criminal law panel.
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Beyond Morrison: the effect of the "presumption against extraterritoriality" and the transactional test on foreign tender offers.
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The preemployment ethical role of lawyers: are lawyers really fiduciaries?
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DISCLOSURE OF PRIVATE CLIMATE TRANSITION RISKS.
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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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THE DOMAINS OF LOYALTY: RELATIONSHIPS BETWEEN FIDUCIARY OBLIGATION AND INTRINSIC MOTIVATION.
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The test for seaman status: the Supreme Court muddies the waters again.
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Is guilt dispositive? Federal habeas after Martinez.
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Leaving the Chisholm trail: the Eleventh Amendment and the background principle of strict construction.
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Capping e-discovery costs: a hybrid solution to e-discovery abuse.
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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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On castles and commerce: zoning law and the home-business dilemma.
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St. George Tucker and the Second Amendment: original understandings and modern misunderstandings.
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A SAFE CULTURE FOR NEUROSCIENCE.
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CRISIS? WHOSE CRISIS?
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REFORMING THE VISUAL ARTISTS RIGHTS ACT TO PROTECT #STREETART IN THE DIGITAL AGE.
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Constitution writing in post-conflict settings: an overview.
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MAKING VIRTUAL THINGS.
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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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A good lawyer and a good person.
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Commercial activity and charitable tax exemption.
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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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Toward a new model of consumer protection: the problem of inflated transaction costs.
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Fighting the devil we don't know: Kansas v. Hendricks, a case study exploring the civilization of criminal punishment and its ineffectiveness in preventing child sexual abuse.
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Disability cause lawyers.
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Conciliatory institutions and constitutional processes in post-conflict states.
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JUDGING PATENTS.
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When 2 or 3 come together.
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Second-order diversity revisited.
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THE PARTNERSHIP MYSTIQUE: LAW FIRM FINANCE AND GOVERNANCE FOR THE 21ST CENTURY AMERICAN LAW FIRM.
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Outsourcing and the globalizing legal profession.
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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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SUBSTITUTED SERVICE AND THE HAGUE SERVICE CONVENTION.
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Cyber-republicanism.
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Adopting proactive standards to protect Americans in indoor environments: volatile organic compound emissions regulation.
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Reconstructing the dormant commerce clause doctrine.
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Erie, the class action fairness act, and some federalism implications of diversity jurisdiction.
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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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Constitutional theory for criminal procedure: Dickerson, Miranda, and the continuing quest for broad-but-shallow.
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THE CONJUNCTION PROBLEM AND THE LOGIC OF JURY FINDINGS.
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STANDING TO CHALLENGE FAMILIAL SEARCHES OF COMMERCIAL DNA DATABASES.
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THE QUALITATIVE FOURTH AMENDMENT: THE CASE FOR A REFINED, INFORMATION-FOCUSED APPROACH TO FOURTH AMENDMENT CASES INVOLVING NONTRESPASSORY GOVERNMENT SURVEILLANCE.
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Self-realizing inventions and the utilitarian foundation of patent law.
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'Public service must begin at home': the lawyer as civics teacher in everyday practice.
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More than IP: trademark among the consumer information laws.
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The economics of deal risk: allocating risk through MAC clauses in business combination agreements.
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Inefficient customs in international law.
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The delicate art of balance - ruminations on change and expectancy in local land use.
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Democratizing the administrative state.
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Randomization in adjudication.
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The common law of war.
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Mitigating the impact of Title VII's new retaliation standard: the Americans with Disabilities Act after University of Texas Southwestern Medical Center v. Nassar.
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POLITICAL FAIR USE.
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HOW EXPERTS HAVE DOMINATED THE NEUROSCIENCE NARRATIVE IN CRIMINAL CASES FOR TWELVE DECADES: A WARNING FOR THE FUTURE.
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Forum on attorney's fees in copyright cases: are we running through the jungle now or is the old man still stuck down the road?
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The WTO: biting the hand that fed it.
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A case of overcorrection: how the FTC's regulation of "unfair acts and practices" is unfair to small businesses.
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Confusion and solution: Chapter 11 bankruptcy trustee's standard of care for personal liability.
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School vouchers: inviting the public into the religious square.
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Free speech and parity: a theory of public employee rights.
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CERCLA's mistakes.
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From horse trading to insider trading: the historical antecendents of the insider trading debate.
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The neglected value of the legislative privilege in state legislatures.
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Basing budget baselines.
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Judges as altruistic hierarchs: 2001 George C. Wythe Lecture.
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FORCE-FEEDING PRETRIAL DETAINEES: A CONSTITUTIONAL VIOLATION.
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What's it worth? Jury damage awards as community judgments.
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PARADOXICAL CITIZENSHIP.(birthright citizenship)(response to Gabriel J. Chin and Paul Finkelman in this issue, p. 1047)
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THE GERRYMANDER AND THE CONSTITUTION: TWO AVENUES OF ANALYSIS AND THE QUEST FOR A DURABLE PRECEDENT.
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We the People: Transformations.
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Community versus market values of life.
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WHY RAPE SHOULD BE A FEDERAL CRIME.
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Leak prosecutions and the First Amendment: new developments and a closer look at the feasibility of protecting leakers.
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Social meaning and school vouchers.
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Tribute.
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Child welfare's paradox.
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Buying happiness: property, acquisition, and subjective well-being.
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The problem of creative collaboration.
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PRIVATE SCHOOLS' ROLE AND RIGHTS IN SETTING VACCINATION POLICY: A CONSTITUTIONAL AND STATUTORY PUZZLE.
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THE FATAL FAILURE OF THE REGULATORY STATE.
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Protecting the homeless under vulnerable victim sentencing guidelines: an alternative to inclusion in hate crime laws.
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Government property and government speech.
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Solving Batson.
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Religion and the First Amendment: some causes of the recent confusion.
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'Discredited' and 'discreditable': the search for political identity by people with psychiatric diagnoses.
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MONOPOLIZING SPORTS DATA.
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A VOICE IN THE WILDERNESS: JOHN PAUL STEVENS, ELECTION LAW, AND A THEORY OF IMPARTIAL GOVERNANCE.
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An economic analysis of damages rules in intellectual property law.
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Judicial supremacy and the settlement function.
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Administering fair use.
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Paging Dr. Google: personal health records and patient privacy.
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THE PRESENT NEW ANTITRUST ERA.
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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 new invention creation activity boundary in patent law.
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Ad hoc adjudication: People v. Champion, another confusing element in the turmoil following Minnesota v. Dickerson.
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A distributive theory of criminal law.
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SMART WEARABLES: THE OVERLOOKED AND UNDERRATED ESSENTIAL WORKER.
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Legal ignorance and information-forcing rules.
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CONGRESSIONAL RULES OF INTERPRETATION.
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Foreword: the new frontier of state constitutional law.
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The politics and incentives of First Amendment coverage.
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A coordinated approach to growth control in Northern Virginia.
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Foreword: disability and identity.
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Introduction: boundaries of intellectual property symposium.
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Solving problems vs. claiming rights: the Pragmatist challenge to Legal Liberalism.
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Murderous Madonna: femininity, violence, and the myth of postpartum mental disorder in cases of maternal infanticide and filicide.
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PROSECUTING POVERTY, CRIMINALIZING CARE.
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Multiemployer bargaining, antitrust law, and team sports: the contingent choice of a broad exemption.
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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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The structural constitutional principle of Republican legitimacy.
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Should the law preserve party control? Litigation investment, insurance law, and double standards.
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SUMMARY DISPOSITIONS AS PRECEDENT.
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A would-be tiger: assessing Vietnam's prospects for gaining most favored nation status from the United States.
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Punishing sexual fantasy.
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'Never forget what they did here': civil war pensions for Gettysburg union army veterans and disability in nineteenth-century America.
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Why church and state should be separate.
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REAPPORTIONMENT, NONAPPORTIONMENT, AND RECOVERING SOME LOST HISTORY OF ONE PERSON, ONE VOTE.
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Respecting deference: conceptualizing Skidmore within the architecture of Chevron.
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Quintessential elements of meaningful constitutions in post-conflict states.
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Plea bargaining and the substantive and procedural goals of criminal justice: from retribution and adversarialism to preventive justice and hybrid-inquisitorialism.
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From bricks to pajamas: the law and economics of amateur journalism.
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Establishment and disestablishment at the founding, part I: establishment of religion.
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Losing Jerusalem - RFRA and the vocation of legal crusader.
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Reliance on nonenforcement.
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Should the law preserve party control? Litigation investment, insurance law, and double standards.
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Crimes against autonomy: Gerald Dworkin on the enforcement of morality.
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The federal common law of statutory interpretation: Erie for the age of statutes.
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Drawing idea from expression: creating a legal space for culturally appropriated literary characters.
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On the danger of wearing two hats: Mistretta and Morrison revisited.
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Defending Daubert: it's time to amend Federal Rule of Evidence 702.
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Law versus ideology: the Supreme Court and the use of legislative history.
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Suspicionless border seizures of electronic files: the overextension of the border search exception to the Fourth Amendment.
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Restoring the civil jury's role in the structure of our government.
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Transforming society through law: St. George Tucker, women's property rights, and an active republican judiciary.
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Contracting for procedure.
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Don't text a driver: civil liability of remote third-party texters after Kubert v. Best.
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Normativity and objectivity in law.
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PEREIRA'S AFTERSHOCKS.
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Indefiniteness as an invalidity defense.
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City of Boerne v. Flores: a landmark for structural analysis.
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THE COURT SHOULD NOT LET POLITICALLY DIVIDED TIMES AFFECT ITS CHOICES AND DECISIONS.
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PROMOTING HEALING AND AVOIDING RETRAUMATIZATION: A PROPOSAL TO IMPROVE MENTAL HEALTH CARE FOR DETAINED UNACCOMPANIED MINORS THROUGH A BEST INTERESTS OF THE CHILD STANDARD.
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The partisanship spectrum.
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Harmony at the farm: rediscovering the 'community' in community supported agriculture.
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The Americans with Disabilities Act as welfare reform.
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The use of gender quotas in America: are voluntary party quotas the way to go?
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Understanding confidentiality: program effectiveness and the Freedom of Information Act exemption 4.
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Introduction.
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Designing non-national systems: the case of the uniform domain name dispute resolution policy.
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Cities, property, and positive externalities.
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Congressional power over presidential elections: lessons from the past and reforms for the future.
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Improving prosecutorial decision making: some lessons of cognitive science.
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Developing a private international intellectual property law: the demise of territoriality?
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THE LONG ARM OF MULTIDISTRICT LITIGATION.
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The inevitable infidelities of constitutional translation: the case of the New Deal.
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Reconstructive tasks for a liberal feminist conception of privacy.
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A one shot deal: the National Childhood Vaccine Injury Act.
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John Marshall, McCulloch v. Maryland, and 'we the people': revisions in need of revising.
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The prosecutor's turn.
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Customary international law and international human rights litigation in United States courts: revitalizing the legacy of the Paquete Habana.
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The federalism implications of Flores.
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The Fourth Amendment rights of children at home: when parental authority goes too far.
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Does ideology matter in bankruptcy? Voting behavior on the Courts of Appeals.
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Cross burning, cockfighting, and symbolic meaning: toward a First Amendment ethnography.
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Pleading guilty without client consent.
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Popular authorship and constitution making: comparing and contrasting the DRC and Kenya.
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JANUS-FACED JUDGING: HOW THE SUPREME COURT IS RADICALLY WEAKENING STARE DECISIS.
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Recalling why corporate officers are fiduciaries.
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Invoking the rule of law in post-conflict rebuilding: a critical examination.
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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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Extraterritoriality in U.S. patent law.
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Untethered norms after Erie Railroad Co. v. Tompkins: positivism, international law, and the return of the "brooding omnipresence".
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Federalism, positive law, and the emergence of the American administrative state: prohibition in the Taft Court era.
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Curbing the Federal Circuit's enthusiasm: an argument for a rebuttable presumption against application of the doctrine of equivalents to disclosed but unclaimed subject matter.
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Theoretical bang and practical whimper? An illustrative analysis based on lower court treatment of the Child Support Recovery Act.
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The equal protection implications of government's hateful speech.
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'Arranger liability' under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): judicial retreat from legislative intent.
