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William & Mary Law School

2011

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Articles 1 - 30 of 135

Full-Text Articles in Law

Splitting Hairs: What Subtle Distinctions Teach Us About Authority, Benjamin J. Keele Dec 2011

Splitting Hairs: What Subtle Distinctions Teach Us About Authority, Benjamin J. Keele

Library Staff Publications

Legal researchers constantly deal with issues of authority. Did the police have authority to search the car? Is this court of appeals decision binding authority on my case? What statutes are authoritative in my jurisdiction? These questions are important, and librarians often help find answers. The question of authority that librarians are best equipped to answer, however, is “How authoritative is this source?”


Securing Sovereign State Standing, Katherine Mims Crocker Dec 2011

Securing Sovereign State Standing, Katherine Mims Crocker

Faculty Publications

No abstract provided.


Hybridizing Jurisdiction, Scott Dodson Dec 2011

Hybridizing Jurisdiction, Scott Dodson

Faculty Publications

Federal jurisdiction – the “power” of the court – is seen as something separate and unique. As such, it has a litany of special effects that define jurisdictionality as the antipode of nonjurisdictionality. The resulting conceptualization is that jurisdictionality and nonjurisdictionality occupy mutually exclusive theoretical and doctrinal space. In a recent Article in Stanford Law Review, I refuted this rigid dichotomy of jurisdictionality and nonjurisdictionality by explaining that nonjurisdictional rules can be “hybridized” with any – or even all – of the attributes of jurisdictionality.

This Article drops the other shoe. Jurisdictional rules can be hybridized, too, and in myriad …


Wage Taxes And Compensating S Corporation Officers And Members Of Llcs And Llps, John W. Lee Nov 2011

Wage Taxes And Compensating S Corporation Officers And Members Of Llcs And Llps, John W. Lee

William & Mary Annual Tax Conference

No abstract provided.


Compensating Employees And Employee Owners, And Avoiding Problems With Payroll Tax And Executive Compensation Audits, Mary B. Hevener Nov 2011

Compensating Employees And Employee Owners, And Avoiding Problems With Payroll Tax And Executive Compensation Audits, Mary B. Hevener

William & Mary Annual Tax Conference

No abstract provided.


Accounting Methods, Keith Hennessy Nov 2011

Accounting Methods, Keith Hennessy

William & Mary Annual Tax Conference

No abstract provided.


Uncertain Tax Positions, Nikki Swaney Nov 2011

Uncertain Tax Positions, Nikki Swaney

William & Mary Annual Tax Conference

No abstract provided.


Going Big: Update On States Seeking To Expand Tax Jurisdiction, Tax Base And Enforcement, Jeffrey A. Friedman, Richard Pomp Nov 2011

Going Big: Update On States Seeking To Expand Tax Jurisdiction, Tax Base And Enforcement, Jeffrey A. Friedman, Richard Pomp

William & Mary Annual Tax Conference

No abstract provided.


The Road Ahead: Deficit Reduction And Tax Reform, Caroline L. Harris Nov 2011

The Road Ahead: Deficit Reduction And Tax Reform, Caroline L. Harris

William & Mary Annual Tax Conference

No abstract provided.


The 2010 Tax Act's Impact On Estate Planning Nov 2011

The 2010 Tax Act's Impact On Estate Planning

William & Mary Annual Tax Conference

No abstract provided.


Planning For The Next Generation: Installment Sale To An Intentionally Defective Grantor Trust, John B. O'Grady Nov 2011

Planning For The Next Generation: Installment Sale To An Intentionally Defective Grantor Trust, John B. O'Grady

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Federal Income Taxation, Ira B. Shepard Nov 2011

Recent Developments In Federal Income Taxation, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.


Split Definitive, Lawrence Baum, Neal Devins Nov 2011

Split Definitive, Lawrence Baum, Neal Devins

Popular Media

For the first time in a century, the Supreme Court is divided solely by political party.


Representing Clients In Audits And Controversies In Today's Tax Enforcement Environment, Craig D. Bell, Gerald A. Kafka Nov 2011

Representing Clients In Audits And Controversies In Today's Tax Enforcement Environment, Craig D. Bell, Gerald A. Kafka

William & Mary Annual Tax Conference

No abstract provided.


Real Estate Partnership And Llc Divorces, Cameron N. Cosby, Brian J. O'Connor Nov 2011

Real Estate Partnership And Llc Divorces, Cameron N. Cosby, Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


A Comparison Of Partnership And S Corporation Exit Transactions, Mark J. Silverman, Aaron P. Nocjar Nov 2011

A Comparison Of Partnership And S Corporation Exit Transactions, Mark J. Silverman, Aaron P. Nocjar

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Virginia Taxation, Craig D. Bell, William L.S. Rowe Nov 2011

Recent Developments In Virginia Taxation, Craig D. Bell, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Can A Password Stop Police From Searching Your Cell Phone Incident To Arrest?, Adam M. Gershowitz Nov 2011

Can A Password Stop Police From Searching Your Cell Phone Incident To Arrest?, Adam M. Gershowitz

Faculty Publications

No abstract provided.


Finding Evidence On Facebook, Jeffrey Bellin Nov 2011

Finding Evidence On Facebook, Jeffrey Bellin

Popular Media

No abstract provided.


Book Review Of Finding The Answers To Legal Questions, Benjamin J. Keele Nov 2011

Book Review Of Finding The Answers To Legal Questions, Benjamin J. Keele

Library Staff Publications

No abstract provided.


Rethinking Extraordinary Circumstances, Scott Dodson Nov 2011

Rethinking Extraordinary Circumstances, Scott Dodson

Faculty Publications

This short essay for Northwestern University Law Review's Colloquy seeks to rationalize the "extraordinary circumstances" doctrine of Rue 60(b)(6) of the Federal Rules of Civil Procedure. The usual rule is that a movant for Rule 60(b)(6) relief must show extraordinary circumstances for that relief. Under the Ackermann rule (so named after the Supreme Court decision that spawned it), courts have held that any extraordinary circumstances cannot have been caused by the movant's own litigation conduct. I argue that the Ackermann rule, at its broadest, would be unjust to those litigants most in need of Rule 60(b)(6) relief and would overserve …


Crime-Severity Distinctions And The Fourth Amendment: Reassessing Reasonableness In A Changing World, Jeffrey Bellin Nov 2011

Crime-Severity Distinctions And The Fourth Amendment: Reassessing Reasonableness In A Changing World, Jeffrey Bellin

Faculty Publications

A growing body of commentary calls for the Supreme Court to recalibrate its Fourth Amendment jurisprudence in response to technological and social changes that threaten the traditional balance between public safety and personal liberty. This Article joins the discussion, highlighting a largely overlooked consideration that should be included in any modernization of Fourth Amendment doctrine—crime severity.

The Supreme Court emphasizes that “reasonableness” is the “touchstone” of Fourth Amendment analysis. Yet, in evaluating contested searches and seizures, current Fourth Amendment doctrine ignores a key determinant of reasonableness, the crime under investigation. As a result, an invasive search of a suspected murderer …


An Anthem For Ows?, Timothy Zick Oct 2011

An Anthem For Ows?, Timothy Zick

Popular Media

No abstract provided.


What Can I Do With This?: Deciphering Copyright And License Notices, Benjamin J. Keele, Frederick W. Dingledy Oct 2011

What Can I Do With This?: Deciphering Copyright And License Notices, Benjamin J. Keele, Frederick W. Dingledy

Library Staff Publications

No abstract provided.


Censoring The Internet, Timothy Zick Oct 2011

Censoring The Internet, Timothy Zick

Popular Media

No abstract provided.


Ows, Discourse, And Narratives, Timothy Zick Oct 2011

Ows, Discourse, And Narratives, Timothy Zick

Popular Media

No abstract provided.


Ows And The Constitution, Timothy Zick Oct 2011

Ows And The Constitution, Timothy Zick

Popular Media

No abstract provided.


The Occupation — Place, Balance, And Proximity, Timothy Zick Oct 2011

The Occupation — Place, Balance, And Proximity, Timothy Zick

Popular Media

No abstract provided.


The Power Of Place, Timothy Zick Oct 2011

The Power Of Place, Timothy Zick

Popular Media

No abstract provided.


Stolen Valor Act Discussion, Timothy Zick Oct 2011

Stolen Valor Act Discussion, Timothy Zick

Popular Media

No abstract provided.