Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (130)
- Constitutional Law (34)
- First Amendment (14)
- Environmental Law (13)
- Property Law and Real Estate (12)
-
- Family Law (11)
- International Law (8)
- Law and Gender (7)
- Civil Rights and Discrimination (6)
- Social and Behavioral Sciences (6)
- Criminal Law (5)
- Public Affairs, Public Policy and Public Administration (5)
- Sexuality and the Law (5)
- Criminal Procedure (4)
- Environmental Policy (4)
- Military, War, and Peace (4)
- Administrative Law (3)
- Antitrust and Trade Regulation (3)
- Business Organizations Law (3)
- Education Law (3)
- Human Rights Law (3)
- National Security Law (3)
- Consumer Protection Law (2)
- Energy and Utilities Law (2)
- Environmental Sciences (2)
- Evidence (2)
- Fourteenth Amendment (2)
- Intellectual Property Law (2)
- Land Use Law (2)
- Legal Biography (2)
- Keyword
-
- Equal Protection (10)
- Brigham-Kanner Property Rights Conference (8)
- Freedom of Religion (7)
- St. George Tucker (7)
- Environmental Protection (6)
-
- International Law (6)
- Parent and Child (6)
- Property Rights (6)
- Best Interests of the Child Doctrine (5)
- Eminent Domain (5)
- Freedom of Speech (5)
- Same-Sex Marriage (5)
- W&M Faculty (5)
- Due Process of Law (4)
- Economics (4)
- Environmental Policy (4)
- Federalism (4)
- Law and Religion (4)
- Regulatory Taking (4)
- Right of Privacy (4)
- Sustainable Development (4)
- United States Constitution 1st Amendment (4)
- Women (4)
- Antiterrorism Measures (3)
- Antitrust Law (3)
- Church and State (3)
- Environmental Impact Analysis (3)
- Feminist Jurisprudence (3)
- Freedom of the Press (3)
- Gays (3)
Articles 1 - 30 of 150
Full-Text Articles in Entire DC Network
Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences
Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences
William & Mary Bill of Rights Journal
Presented at the Brigham-Kanner Property Rights Conference.
Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz
Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz
William & Mary Bill of Rights Journal
No abstract provided.
Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene
Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene
William & Mary Law Review
With the growth of the administrative state, agency-promulgated enforcement policy statements, typically referred to as guidelines, have become ubiquitous in the U.S. federal system. Yet, the actual usage and impact of such guidelines is poorly understood. Often the issuing agencies declare the guidelines to be nonbinding, even for themselves. Notwithstanding this disclaimer, the government, private parties, and even the courts frequently rely on the guidelines in a precedent-like manner. In this Article, Professor Greene examines the evolution of one system of enforcement policy guidelines-the U.S. federal antitrust merger guidelines--and finds that these guidelines have acted as a stealth force on …
Inefficient Customs In International Law, Eugene Kontorovich
Inefficient Customs In International Law, Eugene Kontorovich
William & Mary Law Review
This Article explores whether and when rules of customary international law (CIL) can be expected to be efficient. Customary rules are often regarded as desirable because in certain circumstances, they promote the welfare of the group in which they arise. Unless these circumstances apply among states, the efficiency arguments for the legalization of customary norms do not apply. The Article takes as its central observation the divergent treatment of custom in domestic and international law. In international law, if a customary behavior of states can be identified, it is automatically elevated to the status of legal obligation without any independent …
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
William & Mary Law Review
No abstract provided.
Are Credit Card Late Fees Unconstitutional?, Seana Valentine Shiffrin
Are Credit Card Late Fees Unconstitutional?, Seana Valentine Shiffrin
William & Mary Bill of Rights Journal
State Farm Mutual Automobile Insurance Co. v. Campbell articulated serious and specific constitutional constraints upon the imposition of punitive damages. Justice Kennedy's majority opinion announced that, apart from exceptional cases, punitive damages should not exceed nine times the amount of the actual losses sustained by the plaintiff and should usually be far lower. Indeed, the opinion observed, they typically should be much lower, citing double, treble, and quadruple multipliers as "instructive" examples. Some commentators have worried that the decision could adversely affect consumer interests by offering insulation for tortious behavior that is difficult to detect or litigate. This Article will …
Impact Of Richard A. Epstein, James W. Ely
Impact Of Richard A. Epstein, James W. Ely
William & Mary Bill of Rights Journal
Presented at the 2005 Brigham-Kanner Property Rights Conference.
Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman
Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman
William & Mary Bill of Rights Journal
No abstract provided.
Table Of Contents (V. 15, No. 2)
Table Of Contents (V. 15, No. 2)
William & Mary Bill of Rights Journal
No abstract provided.
Michelman As Doctrinalist, Gregory S. Alexander
Michelman As Doctrinalist, Gregory S. Alexander
William & Mary Bill of Rights Journal
Presented at the 2004 Brigham-Kanner Property Rights Conference.
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
William & Mary Bill of Rights Journal
This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard lacks any basis …
E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Attorney Internet Representations Of Clients, Michael W. Loudenslager
E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Attorney Internet Representations Of Clients, Michael W. Loudenslager
William & Mary Bill of Rights Journal
The Internet is becoming the primary manner in which some attorneys serve clients. States have already taken differing views on whether it is acceptable for an attorney to engage in electronic representations of clients. Thus, determining what jurisdiction's law applies to such attorney conduct can be very important in deciding whether this activity constitutes the unauthorized practice of law and, if not, determining the exact duties of an attorney in such representations. This Article argues that the current version of Model Rule of Professional Responsibility 8.5(b), which governs choice of ethics law, can be interpreted to apply the legal ethics …
Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold
Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold
William & Mary Bill of Rights Journal
No abstract provided.
Dumbo's Feather: An Examination And Critque Of The Supreme Court's Use, Misuse, And Abuse Of Tradition In Protecting Fundamental Rights, Ronald J. Krotoszynski Jr.
Dumbo's Feather: An Examination And Critque Of The Supreme Court's Use, Misuse, And Abuse Of Tradition In Protecting Fundamental Rights, Ronald J. Krotoszynski Jr.
William & Mary Law Review
The Justices of the Supreme Court have a great deal in common with the gifted pachyderm from the Walt Disney animated classic feature Dumbo. Like Dumbo's "magic" feather that purportedly enabled him to exercise his natural ability to fly, the tradition limitation on the Court's jurisprudence on unenumerated fundamental constitutional rights provides a more-apparent-than real constraint on the Court's almost unlimited ability to nullify legislative and executive action. In all too many substantive due process cases, reason seems to follow a predetermined result, rather than the result in the case following from the applicable governing principles. In this Article, Professor …
How To Survive A Terrorist Attack: The Constitution's Majority Quorum Requirement And The Continuity Of Congress, John Bryan Williams
How To Survive A Terrorist Attack: The Constitution's Majority Quorum Requirement And The Continuity Of Congress, John Bryan Williams
William & Mary Law Review
Since their realization that United Airlines Flight 93 was headed toward the U.S. Capitol on the morning of September 11, 2001, legislators and policymakers have been debating how the legislative branch would continue functioning in the aftermath of a terrorist attack that killed or incapacitated large numbers of sehators or representatives. This Article reviews the current House and Senate "Continuity of Congress"plans, and argues they are both practically and constitutionally inadequate. Focusing particularly on the Constitution's majority quorum requirement in Article I, Section Five, Clause One, this Article argues that a House or Senate operating in accordance with the current …
Kelo's Moral Failure, Laura S. Underkuffler
Kelo's Moral Failure, Laura S. Underkuffler
William & Mary Bill of Rights Journal
Presented at the 2004 Brigham-Kanner Property Rights Conference.
Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein
Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein
William & Mary Bill of Rights Journal
Presented at the 2004 Brigham-Kanner Property Rights Conference.
Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein
Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein
William & Mary Bill of Rights Journal
Presented at the 2005 Brigham-Kanner Property Rights Conference.
Reconstrucing Richard Epstein, Eduardo M. Penalver
Reconstrucing Richard Epstein, Eduardo M. Penalver
William & Mary Bill of Rights Journal
Presented at the 2005 Brigham-Kanner Property Rights Conference.
Takings: An Appreciative Retrospective, Eric R. Claeys
Takings: An Appreciative Retrospective, Eric R. Claeys
William & Mary Bill of Rights Journal
Presented at the 2005 Brigham-Kanner Property Rights Conference.
Table Of Contents (V. 48, No. 3)
Not Just A Minimum Income Policy For Physicians: The Need For Good Faith And Fair Dealing In Physician Deselection Disputes, Stephen D. Coppolo
Not Just A Minimum Income Policy For Physicians: The Need For Good Faith And Fair Dealing In Physician Deselection Disputes, Stephen D. Coppolo
William & Mary Law Review
No abstract provided.
Table Of Contents (V. 48, No. 2)
Let The Jury Do The Waive: How Apprendi V. New Jersey Applies To Juvenile Transfer Proceedings, Daniel M. Vannella
Let The Jury Do The Waive: How Apprendi V. New Jersey Applies To Juvenile Transfer Proceedings, Daniel M. Vannella
William & Mary Law Review
No abstract provided.
The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter
The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter
William & Mary Law Review
When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the existence of private "monopolies," in contrast to the general antimonopoly thrust of the antitrust laws. And yet, on occasion IP law itself condemns conduct on the part of IP owners-or excuses otherwise infringing activity on the part of IP defendants-expressly for the purpose of promoting competition. It does so even though antitrust law -if one were to apply it at all under analogous circumstances-would not find anticompetitive harm without conducting a more thorough analysis of whether the antitrust defendant possesses power over a well-defined market. Salient …
Democratizing The Administrative State, Richard J. Pierce Jr.
Democratizing The Administrative State, Richard J. Pierce Jr.
William & Mary Law Review
Scholars have long questioned the political and constitutional legitimacy of the administrative state. By 1980, a majority of Supreme Court Justices seemed poised to hold that large portions of the administrative state are unconstitutional. In 1984, the Court retreated from that abyss and took a major step toward legitimating and democratizing the administrative state. It instructed lower courts to defer to any reasonable agency interpretation of an ambiguous agency-administered statute, basing this doctrine of deference on the superior political accountability of agencies. Henceforth, politically unaccountable judges were prohibited from substituting their policy preferences for those of politically accountable agencies. The …
The News Media's Influence On Criminal Justice Policy: How Market-Driven News Promotes Punitiveness, Sara Sun Beale
The News Media's Influence On Criminal Justice Policy: How Market-Driven News Promotes Punitiveness, Sara Sun Beale
William & Mary Law Review
This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently emphasize particular …
Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker
Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker
William & Mary Law Review
Does the First Amendment shield politically tinged corporate speech from the compelled disclosure and reporting requirements embedded in the U.S. securities laws? The question arises in the securities regulation context because of an impending jurisprudential train wreck between the Supreme Court's commercial speech doctrine and its approach to corporate political speech. As corporations begin mixing commercial messages with political commentary, First Amendment jurisprudence simply provides insufficient guidance on the role government should play in regulating that speech. Although First Amendment jurisprudence generally counsels against governmental restrictions on corporate political speech without regard to the truth or falsity of the message, …
Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post
Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post
William & Mary Law Review
This Article offers a detailed analysis of major Taft Court decisions involving prohibition, including Olmstead v. United States, Carroll v. United States, United States v. Lanza, Lambert v. Yellowley, and Tumey v. Ohio. Prohibition, and the Eighteenth Amendment by which it was constitutionally entrenched, was the result of a social movement that fused progressive beliefs in efficiency with conservative beliefs in individual responsibility and self-control.
During the 1920s the Supreme Court was a strictly "bone-dry"institution that regularly sustained the administrative and law enforcement techniques deployed by the federal government in its losing effort to prevent the manufacture and sale of …
Silly Rabbit, Farm Subsidies Don't Help America, Thomas R. Poole
Silly Rabbit, Farm Subsidies Don't Help America, Thomas R. Poole
William & Mary Environmental Law and Policy Review
No abstract provided.