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William & Mary Law School

2003

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Articles 211 - 231 of 231

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Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins Jan 2003

Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins

Faculty Publications

No abstract provided.


Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green Jan 2003

Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green

Faculty Publications

No abstract provided.


Wagering On Religious Liberty, Nathan B. Oman Jan 2003

Wagering On Religious Liberty, Nathan B. Oman

Faculty Publications

No abstract provided.


Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese Jan 2003

Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese

Faculty Publications

No abstract provided.


Funding Religion In A Post-Zelman World, James G. Dwyer Jan 2003

Funding Religion In A Post-Zelman World, James G. Dwyer

Faculty Publications

No abstract provided.


The Constitution Outside The Courts, Michael J. Gerhardt Jan 2003

The Constitution Outside The Courts, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno Jan 2003

Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno

Faculty Publications

No abstract provided.


Judicial Selection As War, Michael J. Gerhardt Jan 2003

Judicial Selection As War, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne Jan 2003

Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne

Faculty Publications

No abstract provided.


Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein Jan 2003

Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein

Faculty Publications

Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the …


Book Review Of Prejudicial Appearances: The Logic Of American Antidiscrimination Law, Michael Ashley Stein Jan 2003

Book Review Of Prejudicial Appearances: The Logic Of American Antidiscrimination Law, Michael Ashley Stein

Faculty Publications

No abstract provided.


Vectoral Federalism, Scott Dodson Jan 2003

Vectoral Federalism, Scott Dodson

Faculty Publications

In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups.Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps to …


The Unruliness Of Rules, Peter A. Alces Jan 2003

The Unruliness Of Rules, Peter A. Alces

Faculty Publications

No abstract provided.


The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks Jan 2003

The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks

Faculty Publications

No abstract provided.


Price Theory, Competition, And The Rule Of Reason, Alan J. Meese Jan 2003

Price Theory, Competition, And The Rule Of Reason, Alan J. Meese

Faculty Publications

Challenging traditional antitrust jurisprudence, Professor Alan J. Meese argues that the present structure of Rule of Reason analysis, applied pursuant to Standard Oil v. United States, has become outdated. The Rule of Reason as currently applied by the courts rests upon neoclassical price theory, an economic paradigm that assumes that legitimate competition consists of unbridled technological rivalry, unconstrained by nonstandard contracts. Recently, however, the Supreme Court has begun to apply a competing paradigm- Transaction Cost Economics-when determining whether a contract is unreasonable "per se" or instead deserving of Rule of Reason scrutiny. Professor Meese argues that Transaction Cost Economics more …


Book Review Of Human Rights And Legal History: Essays In Honour Of Brian Simpson, Michael Ashley Stein Jan 2003

Book Review Of Human Rights And Legal History: Essays In Honour Of Brian Simpson, Michael Ashley Stein

Faculty Publications

No abstract provided.


The Law And Economics Of Disability Accommodations, Michael Ashley Stein Jan 2003

The Law And Economics Of Disability Accommodations, Michael Ashley Stein

Faculty Publications

The Americans with Disabilities Act provides a clear mandate that disabled workers be provided with "reasonable" accommodations, but does not meaningfully articulate the standards by which reasonableness ought to be measured. Until now, neither courts nor commentators have provided a systematic model for analyzing accommodation claims. This Article articulates an initial law and economics framework for analyzing disability-related accommodations. In doing so, it demonstrates how accommodations span a cost continuum that can be divided into areas of Wholly Efficient and Semi-Efficient Accommodations to be funded by private employers, Social Benefit Gain Efficient Accommodations where the costs should be borne by …


Dignity: The New Frontier Of State Sovereignty, Scott Dodson Jan 2003

Dignity: The New Frontier Of State Sovereignty, Scott Dodson

Faculty Publications

In Federal Maritime Commission v. South Carolina State Ports Authority, the Supreme Court strongly articulated a new “dignity” rationale for state sovereign immunity. The article critiques this rationale and argues that it dissociates sovereign immunity from any constitutional grounding. However, in doing so, the rationale frees the Court to develop a more coherent theory of state sovereign immunity. The article explores how the dignity rationale might be used to develop such coherence.


Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry I. Palmer Jan 2003

Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry I. Palmer

Faculty Publications

No abstract provided.


Report Of William & Mary Marshall-Wythe School Of Law 2002-2003, William & Mary Law School Jan 2003

Report Of William & Mary Marshall-Wythe School Of Law 2002-2003, William & Mary Law School

Annual Report

No abstract provided.


Establishing The International Criminal Court, Nancy Amoury Combs Jan 2003

Establishing The International Criminal Court, Nancy Amoury Combs

Faculty Publications

No abstract provided.