William and Mary Law Review - page 6
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Implied-in-fact contracts under the Federal Acquisition Regulation: why PacOrd got it wrong.
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Guns, words, and constitutional interpretation.
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Some alarming aspects of the legacies of judicial review and of John Marshall.
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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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Basing budget baselines.
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Constitutional theory for criminal procedure: Dickerson, Miranda, and the continuing quest for broad-but-shallow.
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The neglected value of the legislative privilege in state legislatures.
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From horse trading to insider trading: the historical antecendents of the insider trading debate.
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Embedded experts on real juries: a delicate balance.
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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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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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Judicial power to regulate Plea bargaining.
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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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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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Community versus market values of life.
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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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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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Internal Revenue Code section 1259: a legitimate foundation for taxing short sales against the box or a mere makeover?
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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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CANNABIS, CONSUMERS, AND THE TRADEMARK LAUNDERING TRAP.
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Lawyers as citizens.
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Jurisdictional procedure.
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A products liability theory for the judicial regulation of insurance policies.
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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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FOLLOWING OREGON'S TRAIL: IMPLEMENTING AUTOMATIC VOTER REGISTRATION TO PROVIDE FOR IMPROVED JURY REPRESENTATION IN THE UNITED STATES.
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'Relative checks': towards optimal control of administrative power.
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Internet exceptionalism: an overview from general constitutional law.
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Foreword.
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Circling back to the obvious: the convergence of traditional and reverse discrimination in Title VII proof.
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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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Renting the good life.
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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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Child welfare's paradox.
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Buying happiness: property, acquisition, and subjective well-being.
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Respecting deference: conceptualizing Skidmore within the architecture of Chevron.
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REAPPORTIONMENT, NONAPPORTIONMENT, AND RECOVERING SOME LOST HISTORY OF ONE PERSON, ONE VOTE.
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Why church and state should be separate.
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Regulating drones under the First and Fourth Amendments.
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THE FATAL FAILURE OF THE REGULATORY STATE.
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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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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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A would-be tiger: assessing Vietnam's prospects for gaining most favored nation status from the United States.
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WORKPLACE DIGNITY.
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SUMMARY DISPOSITIONS AS PRECEDENT.
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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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THE CONSTITUTION AND THE LANGUAGE OF THE LAW.
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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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Causing damage without authorization: the limitations of current judicial interpretations of employee authorization under the Computer Fraud and Abuse Act.
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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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The once and future federal grazing lands.
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Foreword: disability and identity.
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Solving problems vs. claiming rights: the Pragmatist challenge to Legal Liberalism.
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In a federal case, is the state constitution something important or just another piece of paper?
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Statutes and democratic self-authorship.
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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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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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Quintessential elements of meaningful constitutions in post-conflict states.
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Muddy property: generating and protecting information privacy norms in bankruptcy.
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Outtakes, hidden cameras, and the First Amendment: a reporter's privilege.
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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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When are constitutional rights non-absolute? McCutcheon, conflicts, and the sufficiency question.
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THE DEVIL IN NEPA'S DETAILS: AMENDING NEPA TO PREVENT STATE INTERFERENCE WITH ENVIRONMENTAL REVIEWS.
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The vote from beyond the grave.
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Corporate governance in an era of compliance.
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Cities, property, and positive externalities.
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Tortured prosecuting: closing the gap in Virginia's criminal code by adding a torture statute.
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Law's limited domain confronts morality's universal empire.
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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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Coercing privacy.
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Systemic lying.
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Of pornography pirates and privateers: applying FDCPA principles to copyright trolling litigation.
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CHALLENGING CONGRESS'S SINGLE-MEMBER DISTRICT MANDATE FOR U.S. HOUSE ELECTIONS ON POLITICAL ASSOCIATION GROUNDS.
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Connecting the dots: Grutter, school desegregation, and federalism.
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Reasonable accommodation of workplace disabilities.
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Why Congress does not challenge judicial supremacy.
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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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Will, judgment, and economic liberty: Mr. Justice Souter and the mistranslation of the Due Process Clause.
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Plea bargaining and disclosure in Germany and the United States: comparative lessons.
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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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Losing Jerusalem - RFRA and the vocation of legal crusader.
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PROPHYLACTIC REDISTRJCTING? CONGRESS' SECTION 5 POWER AND THE NEW EQUAL PROTECTION RIGHT TO VOTE.
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The federalism implications of Flores.
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On castles and commerce: zoning law and the home-business dilemma.
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An alternate approach to channeling?
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FIDUCIARY JUDGMENT RULES.
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Why family cap laws just aren't getting it done.
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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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The tax consequences of the statutory right of redemption in property foreclosures.
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Justice in plea bargaining.
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Making federalism doctrine: fidelity, institutional competence, and compensating adjustments.
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Copyright essentialism and the performativity of remedies.
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Reconsidering the law of democracy: of political questions, prudence, and the judicial role.
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Biophilia, the Endangered Species Act, and a new endangered species paradigm.
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THE MORALITY OF FIDUCIARY LAW.
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Perverse innovation.
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THE ARTICLE III "PARTY" AND THE ORIGINALIST CASE AGAINST CORPORATE DIVERSITY JURISDICTION.
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Basing budget baselines.
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Identity and disability in the workplace.
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REPLACING THE FLAWED CHEVRON STANDARD.
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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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Pricing the Fourth Amendment.
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The unwelcome requirement in sexual harassment: choosing a perspective and incorporating the effect of supervisor-subordinate relations.
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The costs of easy victory.
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Congress' treaty-implementing power in historical practice.
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The rotten foundations of securitization.
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The political economy of international antitrust harmonization.
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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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Does ideology matter in bankruptcy? Voting behavior on the Courts of Appeals.
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A Constitution of collaboration: protecting fundamental values with second-look rules of interbranch dialogue.
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PROVING COPYING.
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CONTRACTUAL TAX REFORM.
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THE IMPLICATIONS OF SECTION 230 FOR BLACK COMMUNITIES.(Telecommunications Act of 1996)(III. The Implications of Section 230 Reforms for Black Communities E. Content Neutrality Proposals through Conclusion, with footnotes, p. 187-193)
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DEFINING "UNDULY': RESOLVING INHERENT TEXTUAL AMBIGUITY IN THE IMO'S BALLAST WATER MANAGEMENT CONVENTION.
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Understanding confidentiality: program effectiveness and the Freedom of Information Act exemption 4.
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A one shot deal: the National Childhood Vaccine Injury Act.
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Cities, property, and positive externalities.
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Improving prosecutorial decision making: some lessons of cognitive science.
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Inverting choice of law in the wired universe: thermodynamics, mass, and energy.
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Reconstructive tasks for a liberal feminist conception of privacy.
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Business courts and interstate competition.
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Developing a private international intellectual property law: the demise of territoriality?
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The inevitable infidelities of constitutional translation: the case of the New Deal.
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Cross burning, cockfighting, and symbolic meaning: toward a First Amendment ethnography.
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Mismatch: the misuse of market efficiency in market manipulation class actions.
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Pleading guilty without client consent.
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Extraterritoriality in U.S. patent law.
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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.
