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Articles 1 - 30 of 40
Full-Text Articles in Law
American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey
American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey
William & Mary Law Review
No abstract provided.
Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan
Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan
William & Mary Law Review
No abstract provided.
Amateur-To-Amateur, Dan Hunter, F. Gregory Lastowka
Amateur-To-Amateur, Dan Hunter, F. Gregory Lastowka
William & Mary Law Review
Copyright, it is commonly said, matters in society because it encourages the production of socially beneficial, culturally significant expressive content. Our focus on copyright's recent history, however, blinds us to the social information practices that have always existed. In this Article, we examine these social information practices, and query copyright's role within them. We posit a functional model of what is necessary for creative content to move from creator to user. These are the functions dealing with the creation, selection, production, dissemination, promotion, sale, and use of expressive content. We demonstrate how centralized commercial control of information content has been …
No Good Deed Goes Unpunished? Establishing A Self-Evaluating Privilege For Corporate Internal Investigations, Theodore R. Lotchin
No Good Deed Goes Unpunished? Establishing A Self-Evaluating Privilege For Corporate Internal Investigations, Theodore R. Lotchin
William & Mary Law Review
No abstract provided.
Conspiracy Theory: The Use Of The Conspiracy Doctrine In Times Of National Crisis, Marie E. Siesseger
Conspiracy Theory: The Use Of The Conspiracy Doctrine In Times Of National Crisis, Marie E. Siesseger
William & Mary Law Review
No abstract provided.
Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff
Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff
William & Mary Law Review
No abstract provided.
Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau
Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau
William & Mary Law Review
No abstract provided.
Barking Up The Wrong Tree: The Misplaced Furor Over The Feeney Amendment As A Threat To Judicial Independence, David P. Mason
Barking Up The Wrong Tree: The Misplaced Furor Over The Feeney Amendment As A Threat To Judicial Independence, David P. Mason
William & Mary Law Review
No abstract provided.
Evaluating The Federal Communications Commission's National Television Ownership Cap: What's Bad For Broadcasting Is Good For The Country, Stuart Minor Benjamin
Evaluating The Federal Communications Commission's National Television Ownership Cap: What's Bad For Broadcasting Is Good For The Country, Stuart Minor Benjamin
William & Mary Law Review
No abstract provided.
Medical Research Oversight From The Corporate Governance Perspective: Comparing Institutional Review Boards And Corporate Boards, Richard S. Saver
Medical Research Oversight From The Corporate Governance Perspective: Comparing Institutional Review Boards And Corporate Boards, Richard S. Saver
William & Mary Law Review
No abstract provided.
When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake
When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake
William & Mary Law Review
No abstract provided.
Solving Problems Vs. Claiming Rights: The Pragmatist Challenge To Legal Liberalism, William H. Simon
Solving Problems Vs. Claiming Rights: The Pragmatist Challenge To Legal Liberalism, William H. Simon
William & Mary Law Review
Recent developments in both theory and practice have inspired a new understanding of public interest lawyering. The theoretical development is an intensified interest in Pragmatism. The practical development is the emergence of a style of social reform that seeks to institutionalize the Pragmatist vision of democratic governance as learning and experimentation. This style is reflected in a variety of innovative responses to social problems, including drug courts, ecosystem management, and "new accountability" educational reform. The new understanding represents a significant challenge to an influential view of law among politically liberal lawyers over the past fifty years. That view, Legal Liberalism, …
Escaping A Rigid Analysis: The Shift To A Fact-Based Approach For Crime Of Violence Inquiries Involving Escape Offenses, Timothy W. Castor
Escaping A Rigid Analysis: The Shift To A Fact-Based Approach For Crime Of Violence Inquiries Involving Escape Offenses, Timothy W. Castor
William & Mary Law Review
No abstract provided.
Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick
Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick
William & Mary Law Review
No abstract provided.
Technological Evolution And The Devolution Of Corporate Financial Reporting, Donald C. Langevoort
Technological Evolution And The Devolution Of Corporate Financial Reporting, Donald C. Langevoort
William & Mary Law Review
No abstract provided.
Why Family Cap Laws Just Aren't Getting It Done, Kelly J. Gastley
Why Family Cap Laws Just Aren't Getting It Done, Kelly J. Gastley
William & Mary Law Review
No abstract provided.
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
William & Mary Law Review
No abstract provided.
Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington
Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington
William & Mary Law Review
No abstract provided.
Inverting Choice Of Law In The Wired Universe: Thermodynamics, Mass, And Energy, Steven Ferrey
Inverting Choice Of Law In The Wired Universe: Thermodynamics, Mass, And Energy, Steven Ferrey
William & Mary Law Review
No abstract provided.
The Futile Quest For Racial Neutrality In Capital Selection And The Eight Amendment Argument For Abolition Based On Unconscious Racial Discrimination, Scott W. Howe
William & Mary Law Review
No abstract provided.
Reveille For Congress: A Challenge To Revise Rape Law In The Military, Alexander N. Pickands
Reveille For Congress: A Challenge To Revise Rape Law In The Military, Alexander N. Pickands
William & Mary Law Review
No abstract provided.
"Power Over This Unfortunate Race": Race, Politics And Indian Law In United States V. Rogers, Bethany R. Berger
"Power Over This Unfortunate Race": Race, Politics And Indian Law In United States V. Rogers, Bethany R. Berger
William & Mary Law Review
"[F]rom the very moment the general government came into existence to this time, it has exercised its power over this unfortunate race in the spirit of humanity and justice, and has endeavoured by every means in its power to enlighten their minds and increase their comforts, and to save them if possible from the consequences of their own vices."
In 1846, in United States v. Rogers, the Supreme Court blithely announced the above vision of the history of Indian-United States relations. The first part of the quote describes Indian people as a race and an inferior one; the second part …
Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick
Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick
William & Mary Law Review
No abstract provided.
Gaps, Inexperience, Inconsistencies, And Overlaps: Crisis In The Regulation Of Genetically Modified Plants And Animals, Gregory N. Mandel
Gaps, Inexperience, Inconsistencies, And Overlaps: Crisis In The Regulation Of Genetically Modified Plants And Animals, Gregory N. Mandel
William & Mary Law Review
The regulation of genetically modified products pursuant to statutes enacted decades prior to the advent of biotechnology has created a regulatory system that is passive rather than proactive about risks, has difficulty adapting to biotechnology advances, and is highly fractured and inefficient-transgenic plants and animals are governed by at least twelve different statutes and five different agencies or services. The deficiencies resulting from this piecemeal approach to regulation unnecessarily expose society and the environment to adverse risks of biotechnology and introduce numerous inefficiencies into the regulatory system. These risks and inefficiencies include gaps in regulation, duplicative and inconsistent regulation, unnecessary …
Who Speaks Latin Anymore? Translating De Minimis Use For Application To Music Copyright Infringement And Sampling, David S. Blessing
Who Speaks Latin Anymore? Translating De Minimis Use For Application To Music Copyright Infringement And Sampling, David S. Blessing
William & Mary Law Review
No abstract provided.
The Hershey Trust's Quest To Diversify: Redefining The State Attorney General's Role When Charitable Trusts Wish To Diversify, Jennifer L. Komoroski
The Hershey Trust's Quest To Diversify: Redefining The State Attorney General's Role When Charitable Trusts Wish To Diversify, Jennifer L. Komoroski
William & Mary Law Review
No abstract provided.
The Once And Future Federal Grazing Lands, S. L. Rundle
The Once And Future Federal Grazing Lands, S. L. Rundle
William & Mary Law Review
No abstract provided.
Adjudicating In Anarchy: An Expressive Theory Of International Dispute Resolution, Tom Ginsburg, Richard H. Mcadams
Adjudicating In Anarchy: An Expressive Theory Of International Dispute Resolution, Tom Ginsburg, Richard H. Mcadams
William & Mary Law Review
Frequent compliance with the adjudicative decisions of international institutions, such as the International Court of Justice (ICJ), is puzzling because these institutions do not have the power domestic courts possess to impose sanctions. This Article uses game theory to explain the power of international adjudication via a set of expressive theories, showing how law can be effective without sanctions. When two parties disagree about conventions that arise in recurrent situations involving coordination, such as a convention of deferring to territorial claims of first possessors, the pronouncements of third-party legal decision makers-adjudicators--can influence their behavior in two ways. First, adjudicative expression …
High Alert: The Government's War On The Financing Of Terrorism And Its Implication For Donors, Domestic Charitable Organizations, And Global Philanthropy, Nina J. Crimm
William & Mary Law Review
Within days after the September 11 terrorist attacks, the U.S. government extended its already existing commitment to combat terrorism. President Bush declared a financial war on terrorism, with the aim of depriving terrorists of their necessary financial support. He issued Executive Order 13,224, which ordered the blocking of assets of specially designated global terrorists.' Congress enacted legislation that not only fortified previously existing criminal and civil laws, but also added new ones for use in combating terrorists and terrorism. The Bush Administration dedicated resources to existing and newly created governmental structures that would be responsible for enforcing these laws and …
Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell
Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell
William & Mary Law Review
No abstract provided.