Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 209

Full-Text Articles in Law

Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences Dec 2006

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.


Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein Dec 2006

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.


Impact Of Richard A. Epstein, James W. Ely Dec 2006

Impact Of Richard A. Epstein, James W. Ely

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Reconstrucing Richard Epstein, Eduardo M. Penalver Dec 2006

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 Dec 2006

Takings: An Appreciative Retrospective, Eric R. Claeys

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 Dec 2006

Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman

William & Mary Bill of Rights Journal

No abstract provided.


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 Dec 2006

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 ...


Michelman As Doctrinalist, Gregory S. Alexander Dec 2006

Michelman As Doctrinalist, Gregory S. Alexander

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.


Kelo's Moral Failure, Laura S. Underkuffler Dec 2006

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 Dec 2006

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.


Are Credit Card Late Fees Unconstitutional?, Seana Valentine Shiffrin Dec 2006

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 ...


Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz Dec 2006

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.


The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black Dec 2006

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 ...


Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold Dec 2006

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.


Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene Dec 2006

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 ...


Inefficient Customs In International Law, Eugene Kontorovich Dec 2006

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 ...


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. Dec 2006

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 ...


How To Survive A Terrorist Attack: The Constitution's Majority Quorum Requirement And The Continuity Of Congress, John Bryan Williams Dec 2006

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 ...


The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot Dec 2006

The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot

William & Mary Law Review

No abstract provided.


Recent Developments In Federal Income Taxation, Ira B. Shepard Nov 2006

Recent Developments In Federal Income Taxation, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.


State Income Tax Examinations Of S Corporations, Partnerships, And Their Owners, D. French Slaughter Iii Nov 2006

State Income Tax Examinations Of S Corporations, Partnerships, And Their Owners, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.


Estate Planning For Entrepeneurs, Mary Ann Mancini, Stefan F. Tucker Nov 2006

Estate Planning For Entrepeneurs, Mary Ann Mancini, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


Business Combinations: Mergers And Sales And Purchases Of Ownership Interests And Entity Assets (Related Articles), Stephen L. Owen Nov 2006

Business Combinations: Mergers And Sales And Purchases Of Ownership Interests And Entity Assets (Related Articles), Stephen L. Owen

William & Mary Annual Tax Conference

No abstract provided.


Business Combinations: Mergers And Sales And Purchases Of Ownership Interests And Entity Assets, Thomas P. Rohman, Stephen L. Owen Nov 2006

Business Combinations: Mergers And Sales And Purchases Of Ownership Interests And Entity Assets, Thomas P. Rohman, Stephen L. Owen

William & Mary Annual Tax Conference

No abstract provided.


S Corporations Redemptions And Divisions, Farhad Aghdami Nov 2006

S Corporations Redemptions And Divisions, Farhad Aghdami

William & Mary Annual Tax Conference

No abstract provided.


Federal Income Tax Examinations Of Pass-Through Entities, Gerald A. Kafka, Kari M. Larson Nov 2006

Federal Income Tax Examinations Of Pass-Through Entities, Gerald A. Kafka, Kari M. Larson

William & Mary Annual Tax Conference

No abstract provided.


Comparison Of S Corporations And Llcs, Stefan F. Tucker Nov 2006

Comparison Of S Corporations And Llcs, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


Hot Topics In Virginia Taxation: The Present And The Future?, Craig D. Bell, William L.S. Rowe Nov 2006

Hot Topics In Virginia Taxation: The Present And The Future?, Craig D. Bell, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Tax Considerations Of Transfers To And Distributions From The C Or S Corporation, C. Wells Hall Iii Nov 2006

Tax Considerations Of Transfers To And Distributions From The C Or S Corporation, C. Wells Hall Iii

William & Mary Annual Tax Conference

No abstract provided.


Overview Of Opr And Circular 230 Cases, Cono R. Namorato Nov 2006

Overview Of Opr And Circular 230 Cases, Cono R. Namorato

William & Mary Annual Tax Conference

No abstract provided.