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Articles 1 - 30 of 110
Full-Text Articles in Law
Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman
Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman
Popular Media
No abstract provided.
Sharia Law Poses No Threat To American Courts, Nathan B. Oman
Sharia Law Poses No Threat To American Courts, Nathan B. Oman
Popular Media
No abstract provided.
Competition And Regulation In The Gold Industry: An American Perspective, Jared A. Wilkerson
Competition And Regulation In The Gold Industry: An American Perspective, Jared A. Wilkerson
W&M Law Student Publications
When taken from a domestic viewpoint, the primary gold market appears to be noncompetitive and marred by concentration. However, when seen at the global scale, it is clear that the primary gold market is competitive and diluted. Further, even if the primary market were noncompetitive and concentrated at the global level, that market probably could not readily affect the price of gold. Regardless of competitiveness, gold mines in the United States and elsewhere are subject to environmental and safety regulations that increase the cost of production; Regulations are stringently enforced in the United States as compared to competitor countries, potentially …
Justice Souter And The Civil Rules, Scott Dodson
Justice Souter And The Civil Rules, Scott Dodson
Faculty Publications
Justice Souter’s recent retirement from the Court after nearly twenty years presents a unique opportunity to comment on his legacy. No doubt others will eulogize or castigate him for his membership in the Planned Parenthood v. Casey troika, but there is much more to the man and his jurisprudence. Indeed, the danger is that Justice Souter will be pigeonholed into one opinion, an opinion that he wrote early in his Supreme Court career, to the detriment of understanding the complex justice that he was. And what it finds is a justice deeply committed to the fair treatment of the litigants …
Reframing Antitrust In Light Of Scientific Revolution: Accounting For Transaction Costs In Rule Of Reason Analysis, Alan J. Meese
Reframing Antitrust In Light Of Scientific Revolution: Accounting For Transaction Costs In Rule Of Reason Analysis, Alan J. Meese
Faculty Publications
This Article contends that modern rule of reason analysis, informed by workable competition’s partial equilibrium trade-off paradigm, is suitable for evaluating only a subset of agreements that may reduce transaction costs. The Article distinguishes between “technological” and “non-technological” transaction costs. Technological transaction costs entail the bargaining and information costs first emphasized by Ronald Coase, while non-technological transaction costs result from more fundamental departures from perfect competition, departures creating a risk of opportunism that accompanies relationship-specific investments. Modern law does accurately assess restraints that may reduce technological transaction costs—costs that are analogous to the sort of production costs recognized by the …
Is Punishment Relevant After All? A Prescription For Informing Juries Of The Consequence Of Conviction, Jeffrey Bellin
Is Punishment Relevant After All? A Prescription For Informing Juries Of The Consequence Of Conviction, Jeffrey Bellin
Faculty Publications
The American jury, once heralded as “the great corrective of law in its actual administration,” has suffered numerous setbacks in the modern era. As a result, jurors have largely become bystanders in a criminal justice system that relies on increasingly severe punishments to incarcerate tens of thousands of offenders each year. The overwhelming majority of cases are resolved short of trial and, even when trials occur, jurors are instructed to find only the facts necessary for legal guilt. Apart from this narrow task, jurors need not, in the eyes of the law, concern themselves with whether a conviction and subsequent …
Conservation Easement Appraisal Rules And Questions, Stephen J. Small
Conservation Easement Appraisal Rules And Questions, Stephen J. Small
William & Mary Annual Tax Conference
No abstract provided.
Roth Ira Conversions Ii: Beyond The Basics (Slides), Mitchell A. Drossman
Roth Ira Conversions Ii: Beyond The Basics (Slides), Mitchell A. Drossman
William & Mary Annual Tax Conference
No abstract provided.
Converting To A Roth Ira - 2010 And Beyond (Slides), Mitchell A. Drossman
Converting To A Roth Ira - 2010 And Beyond (Slides), Mitchell A. Drossman
William & Mary Annual Tax Conference
No abstract provided.
Conservation Easements, Appraisals Thereof, And Form 8283 - The Good, The Bad, And The Ugly, Stephen J. Small
Conservation Easements, Appraisals Thereof, And Form 8283 - The Good, The Bad, And The Ugly, Stephen J. Small
William & Mary Annual Tax Conference
No abstract provided.
Roth Iras Planning For 2010...And Beyond, Mitchell A. Drossman, Lester B. Law
Roth Iras Planning For 2010...And Beyond, Mitchell A. Drossman, Lester B. Law
William & Mary Annual Tax Conference
No abstract provided.
Tax Strategies And Key Tax Issues In Selling A Business, Part 2, Robert G. Mcelroy
Tax Strategies And Key Tax Issues In Selling A Business, Part 2, Robert G. Mcelroy
William & Mary Annual Tax Conference
No abstract provided.
Some Points Re Perpetuity - Code And Regulations
Some Points Re Perpetuity - Code And Regulations
William & Mary Annual Tax Conference
No abstract provided.
Tax Notes Article, Stephen J. Small
Tax Notes Article, Stephen J. Small
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments In Virginia Taxation, Craig D. Bell, William L.S. Rowe
Recent Developments In Virginia Taxation, Craig D. Bell, William L.S. Rowe
William & Mary Annual Tax Conference
No abstract provided.
Estate Planning For The Closely Held Business, Dennis I. Belcher, William I. Sanderson
Estate Planning For The Closely Held Business, Dennis I. Belcher, William I. Sanderson
William & Mary Annual Tax Conference
No abstract provided.
Tax Strategies And Key Tax Issues In Selling A Business, Part 1, L. Michael Gracik Jr.
Tax Strategies And Key Tax Issues In Selling A Business, Part 1, L. Michael Gracik Jr.
William & Mary Annual Tax Conference
No abstract provided.
Using - And Not Losing - Tax Losses, Part 1: Protecting Tax Losses From A Section 382 Ownership Change (Slides), Mark C. Van Deusen
Using - And Not Losing - Tax Losses, Part 1: Protecting Tax Losses From A Section 382 Ownership Change (Slides), Mark C. Van Deusen
William & Mary Annual Tax Conference
No abstract provided.
Using - And Not Losing - Tax Losses, Part 2 (Slides), Steven M. Friedman
Using - And Not Losing - Tax Losses, Part 2 (Slides), Steven M. Friedman
William & Mary Annual Tax Conference
No abstract provided.
Tax Planning In This Uncertain Environment, Eric Solomon
Tax Planning In This Uncertain Environment, Eric Solomon
William & Mary Annual Tax Conference
No abstract provided.
Ten Tax Strategies For Compensating Your Key Employees, Catherine M. Marriott
Ten Tax Strategies For Compensating Your Key Employees, Catherine M. Marriott
William & Mary Annual Tax Conference
No abstract provided.
Teaching Old Dogs New Tricks - Emerging Tax Issues For Distressed Real Estate Assets And Partnerships (Slides), Michael G. Frankel, David A. Miller
Teaching Old Dogs New Tricks - Emerging Tax Issues For Distressed Real Estate Assets And Partnerships (Slides), Michael G. Frankel, David A. Miller
William & Mary Annual Tax Conference
No abstract provided.
Teaching Old Dogs New Tricks - Emerging Tax Issues For Distressed Real Estate Assets And Partnerships, Michael G. Frankel, David A. Miller
Teaching Old Dogs New Tricks - Emerging Tax Issues For Distressed Real Estate Assets And Partnerships, Michael G. Frankel, David A. Miller
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments In Federal Income Taxation, Ira B. Shepard
Recent Developments In Federal Income Taxation, Ira B. Shepard
William & Mary Annual Tax Conference
This recent developments outline discusses, and provides context to understand the significance of, the most important judicial decisions and administrative rulings and regulations promulgated by the Internal Revenue Service and Treasury Department during the most recent twelve months - and sometimes a little farther back in time if we find the item particularly humorous or outrageous. Most Treasury Regulations, however, are so complex that they cannot be discussed in detail and, anyway, only a devout masochist would read them all the way through; just the basic topic and Jundamental principles are highlighted - unless one of us decides to go …
Consider The Source: When The Harasser Is The Boss, Susan Grover, Kimberly Piro
Consider The Source: When The Harasser Is The Boss, Susan Grover, Kimberly Piro
Faculty Publications
In Consider the Source, Susan Grover and Kim Piro argue for a change in the analysis that courts apply to determine whether actionable workplace harassment has occurred. They identify a gap in current doctrine, which allows courts to ignore the status of the harasser as co-worker or supervisor. The authors argue that harassment at the hands of a supervisor is necessarily more severe and pervasive than the same harassment by a coworker. As a result, they recommend that the harasser's identity as a supervisor or co-worker be treated as a necessary consideration when courts assess whether actionable harassment has occurred.
Reconceptualizing The Fifth Amendment Prohibition Of Adverse Comment On Criminal Defendants' Trial Sentence, Jeffrey Bellin
Reconceptualizing The Fifth Amendment Prohibition Of Adverse Comment On Criminal Defendants' Trial Sentence, Jeffrey Bellin
Faculty Publications
Griffin v. California holds that the Fifth Amendment privilege against compelled self-incrimination prohibits a prosecutor from arguing that a defendant’s failure to testify supports an inference of guilt. In the four decades since Griffin was decided, Griffin’s doctrinal underpinnings have been strongly criticized by prominent jurists and commentators, and even Griffin’s contemporary defenders struggle to place the constitutional prohibition of adverse comment on defendant silence within a coherent doctrinal framework.
In light of these largely unanswered criticisms, this Article posits that the current Fifth Amendment-based prohibition of adverse comment is untenable and must be recast in a more narrowly tailored …
Copyright And Author Agreements For Open Access Law Journals, Benjamin J. Keele
Copyright And Author Agreements For Open Access Law Journals, Benjamin J. Keele
Library Staff Publications
No abstract provided.
New Pleading, New Discovery, Scott Dodson
New Pleading, New Discovery, Scott Dodson
Faculty Publications
Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad access to the civil justice system. New Pleading, after the landmark Supreme Court cases of Twombly and Iqbal, is focused on factual sufficiency, with the purpose of screening out meritless cases that otherwise might impose discovery costs on defendants. The problem with New Pleading is that factual insufficiency often is a poor proxy for meritlessness. Some plaintiffs lack sufficient factual knowledge of the elements of their claims not because the claims lack merit but because the information they need is …