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Articles 1 - 30 of 42

Full-Text Articles in Law

Commercial Activity And Charitable Tax Exemption, John D. Colombo Dec 2002

Commercial Activity And Charitable Tax Exemption, John D. Colombo

William & Mary Law Review

No abstract provided.


Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman Dec 2002

Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman

William & Mary Law Review

No abstract provided.


Ties In The Supreme Court Of The United States, Edward A. Hartnett Dec 2002

Ties In The Supreme Court Of The United States, Edward A. Hartnett

William & Mary Law Review

No abstract provided.


The Random Muse: Authorship And Indeterminacy, Alan R. Durham Dec 2002

The Random Muse: Authorship And Indeterminacy, Alan R. Durham

William & Mary Law Review

No abstract provided.


An Economic Analysis Of The Private Securities Litigation Reform Act: Auctions As An Efficient Alternative To Judicial Intervention, Charles H. Gray Dec 2002

An Economic Analysis Of The Private Securities Litigation Reform Act: Auctions As An Efficient Alternative To Judicial Intervention, Charles H. Gray

William & Mary Law Review

No abstract provided.


Putting The Plaintiff Class' Needs In The Lead: Reforming Class Action Litigation By Extending The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Kendra S. Langlois Dec 2002

Putting The Plaintiff Class' Needs In The Lead: Reforming Class Action Litigation By Extending The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Kendra S. Langlois

William & Mary Law Review

No abstract provided.


An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil Dec 2002

An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil

William & Mary Law Review

No abstract provided.


The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder Oct 2002

The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder

William & Mary Law Review

No abstract provided.


Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank Oct 2002

Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank

William & Mary Law Review

No abstract provided.


The Legislator-In-Chief, Vasan Kesavan, J. Gregory Sidak Oct 2002

The Legislator-In-Chief, Vasan Kesavan, J. Gregory Sidak

William & Mary Law Review

The State of the Union and Recommendation Clauses of Article II, Section 3provide that the President "shall from time to time give to the Congress Information of the State of the Union, and recommend to their consideration such Measures as he shall judge necessary and expedient. "Those thirty-one words envision the President as the lead active participant in the embryonic stages of the making of laws. Eight separate principles animate the President's legislative duties and powers before the presentment process. When the State of the Union and Recommendation Clauses are seen to have this textual and analytical subtlety, they reveal …


Stare Decisis, Chevron, And Skidmore: Do Administrative Agencies Have The Power To Overrule Courts?, Paul A. Dame Oct 2002

Stare Decisis, Chevron, And Skidmore: Do Administrative Agencies Have The Power To Overrule Courts?, Paul A. Dame

William & Mary Law Review

No abstract provided.


A Proposed Antitrust Approach To High Technology Competition, Thomas A. Piraino Jr. Oct 2002

A Proposed Antitrust Approach To High Technology Competition, Thomas A. Piraino Jr.

William & Mary Law Review

No abstract provided.


Judicial Review Of Administrative Policymaking, Charles H. Koch Jr. Oct 2002

Judicial Review Of Administrative Policymaking, Charles H. Koch Jr.

William & Mary Law Review

No abstract provided.


The Failure Of Words: Habeas Corpus Reform, The Antiterrorism And Effective Death Penalty Act, And When A Judgment Of Conviction Becomes Final For The Purposes Of 28 U.S.C. 2255(1), Benjamin R. Orye Iii Oct 2002

The Failure Of Words: Habeas Corpus Reform, The Antiterrorism And Effective Death Penalty Act, And When A Judgment Of Conviction Becomes Final For The Purposes Of 28 U.S.C. 2255(1), Benjamin R. Orye Iii

William & Mary Law Review

No abstract provided.


Taking Behavioralism Too Seriously? The Unwarranted Pessimism Of The New Behavioral Analysis Of Law, Gregory Mitchell Apr 2002

Taking Behavioralism Too Seriously? The Unwarranted Pessimism Of The New Behavioral Analysis Of Law, Gregory Mitchell

William & Mary Law Review

Legal scholars increasingly rely on a behavioral analysis of judgment and decision making to explain legal phenomena and argue for legal reforms. The. main argument of this new behavioral analysis of the law is twofold: (1)All human cognition is beset by systematic flaws in the way that judgments and decisions are made, and theseflaws lead to predictable irrational behaviors and (2) these widespread and systematic nonrational tendencies bring into serious question the assumption of procedural rationality underlying much legal doctrine. This Article examines the psychological research relied on by legal behavioralistst o form this argumenta nd demonstratest hat this research …


Spinning In A Hot Ipo - Breach Of Fiduciary Duty Or Business As Usual?, Therese H. Maynard Apr 2002

Spinning In A Hot Ipo - Breach Of Fiduciary Duty Or Business As Usual?, Therese H. Maynard

William & Mary Law Review

No abstract provided.


Procedural Justice: Tempering The State's Response To Domestic Violence, Deborah Epstein Apr 2002

Procedural Justice: Tempering The State's Response To Domestic Violence, Deborah Epstein

William & Mary Law Review

No abstract provided.


Yet Another Constitutional Crisis?, Keith E. Whittington Apr 2002

Yet Another Constitutional Crisis?, Keith E. Whittington

William & Mary Law Review

The recent presidential impeachment and the postelection controversy each led many to fear that the United States had either already entered or was about to enter a constitutional crisis. Such concerns seem overwrought. This Article will use those events as a foil for examining the nature of constitutional crises. The Article will distinguish two types of constitutional crises and consider several potential crises in American history, clarifying how crises occur and how they can be averted. Constitutional crises in the United States are rare in large part because of the robustness of the country's informal constitutional practices, reasonably good constitutional …


Leveling The Playing Field: Applying The Doctrines Of Unconscionability And Condition Precedent To Effectuate Student-Athlete Intent Under The National Letter Of Intent, Michael J. Riella Apr 2002

Leveling The Playing Field: Applying The Doctrines Of Unconscionability And Condition Precedent To Effectuate Student-Athlete Intent Under The National Letter Of Intent, Michael J. Riella

William & Mary Law Review

No abstract provided.


Counting Guns In Early America, James Lindgren, Justin L. Heather Apr 2002

Counting Guns In Early America, James Lindgren, Justin L. Heather

William & Mary Law Review

Probate inventories, though perhaps the best prevailing source for determining ownership patterns in early America, are incomplete and fallible. In this Article, the authors suggest that inferences about who owned guns can be improved by using multivariate techniques and control variables of other common objects. To determine gun ownership from probate inventories, the authors examine three databases in detail-Alice Hanson Jones's national sample of 919 inventories (1774), 149 inventories from Providence, Rhode Island (1679-1726), and Gunston Hall Plantation's sample of 325 inventories from Maryland and Virginia (1740-1810). Also discussed are a sample of 59 probate inventories from Essex County, Massachusetts …


In Need Of Enlightenment: The International Trade Commission's Misguided Analysis In Sunset Reviews, Jennifer K. King Apr 2002

In Need Of Enlightenment: The International Trade Commission's Misguided Analysis In Sunset Reviews, Jennifer K. King

William & Mary Law Review

No abstract provided.


John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins Mar 2002

John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins

William & Mary Law Review

No abstract provided.


John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty Mar 2002

John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty

William & Mary Law Review

No abstract provided.


Judicial Power In The Constitutional Theory Of James Madison, Jack N. Rakove Mar 2002

Judicial Power In The Constitutional Theory Of James Madison, Jack N. Rakove

William & Mary Law Review

No abstract provided.


Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan Mar 2002

Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan

William & Mary Law Review

No abstract provided.


Expedited Removal And Discrimination In The Asylum Process: The Use Of Humanitarian Aid As A Political Tool, Erin M. O'Callaghan Mar 2002

Expedited Removal And Discrimination In The Asylum Process: The Use Of Humanitarian Aid As A Political Tool, Erin M. O'Callaghan

William & Mary Law Review

No abstract provided.


A Judge For All Seasons, R. Kent Newmyer Mar 2002

A Judge For All Seasons, R. Kent Newmyer

William & Mary Law Review

No abstract provided.


Some Alarming Aspects Of The Legacies Of Judicial Review And Of John Marshall, Stephen B. Presser Mar 2002

Some Alarming Aspects Of The Legacies Of Judicial Review And Of John Marshall, Stephen B. Presser

William & Mary Law Review

No abstract provided.


The Team Production Theory Of Corporate Law: A Critical Assessment, Alan J. Meese Mar 2002

The Team Production Theory Of Corporate Law: A Critical Assessment, Alan J. Meese

William & Mary Law Review

No abstract provided.


John Marshall: Remarks Of October 6, 2000, William H. Rehnquist Mar 2002

John Marshall: Remarks Of October 6, 2000, William H. Rehnquist

William & Mary Law Review

No abstract provided.