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2018

William & Mary Law School

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Articles 1 - 30 of 91

Full-Text Articles in Law

A Chance To End Gerrymandering In Virginia, A. E. Dick Howard, Rebecca Green Dec 2018

A Chance To End Gerrymandering In Virginia, A. E. Dick Howard, Rebecca Green

Popular Media

No abstract provided.


Halted Innovation: The Expansion Of Federal Jurisdiction Over Medicine And The Human Body, Myrisha S. Lewis Dec 2018

Halted Innovation: The Expansion Of Federal Jurisdiction Over Medicine And The Human Body, Myrisha S. Lewis

Faculty Publications

Modern medical innovations are blurring the line between medical practice and medical devices and drugs. Historically, many techniques have been developed in medicine, without any interference from the federal government, as medical practice is (and has historically been) an area of state jurisdiction. Over the past two decades, however, the U.S. Food and Drug Administration (FDA) has been exerting jurisdiction over the human body and the practice of medicine by targeting new medical techniques for oversight and subjecting the continued use of those treatments to onerous and legally questionable regulatory requirements that hinder the use of those treatments in practice. …


Copyright And The Single Work, Laura A. Heymann Nov 2018

Copyright And The Single Work, Laura A. Heymann

Popular Media

No abstract provided.


Children’S Welfare And The State’S Fiduciary Responsibility, James G. Dwyer Nov 2018

Children’S Welfare And The State’S Fiduciary Responsibility, James G. Dwyer

Popular Media

No abstract provided.


Which Side Are You On?, James G. Dwyer Nov 2018

Which Side Are You On?, James G. Dwyer

Popular Media

No abstract provided.


Politics Of Tax Reform: Outline, Evan M. Migdail Nov 2018

Politics Of Tax Reform: Outline, Evan M. Migdail

William & Mary Annual Tax Conference

No abstract provided.


Choice Of Entity After Tax Reform – The New Normal (Outline), N. Pendleton Rogers Nov 2018

Choice Of Entity After Tax Reform – The New Normal (Outline), N. Pendleton Rogers

William & Mary Annual Tax Conference

No abstract provided.


New Rules Of The Road For Interest And Depreciation Deductions And Like-Kind Exchanges After Tax Reform (Powerpoint), Robert D. Schachat Nov 2018

New Rules Of The Road For Interest And Depreciation Deductions And Like-Kind Exchanges After Tax Reform (Powerpoint), Robert D. Schachat

William & Mary Annual Tax Conference

No abstract provided.


Powers Of Deduction: Tax-Saving Strategies Under The Legislation Formerly Known As The Tax Cuts And Jobs Act (Powerpoint), Thomas J. Pauloski Nov 2018

Powers Of Deduction: Tax-Saving Strategies Under The Legislation Formerly Known As The Tax Cuts And Jobs Act (Powerpoint), Thomas J. Pauloski

William & Mary Annual Tax Conference

No abstract provided.


Federal Tax Update (Powerpoint), Stephen L. Owen Nov 2018

Federal Tax Update (Powerpoint), Stephen L. Owen

William & Mary Annual Tax Conference

No abstract provided.


When Are You An Investor Versus A Dealer In Real Property? (Powerpoint), James B. Sowell, Stephen J. Giordano Nov 2018

When Are You An Investor Versus A Dealer In Real Property? (Powerpoint), James B. Sowell, Stephen J. Giordano

William & Mary Annual Tax Conference

No abstract provided.


Applying The New 20% Passthroughs Deduction Under Section 199a In The Real World (Powerpoint), James B. Sowell, Stephen J. Giordano, Mark C. Van Deusen Nov 2018

Applying The New 20% Passthroughs Deduction Under Section 199a In The Real World (Powerpoint), James B. Sowell, Stephen J. Giordano, Mark C. Van Deusen

William & Mary Annual Tax Conference

No abstract provided.


Mergers And Acquisitions Of Closely-Held Corporations (Powerpoint), Jerald D. August Nov 2018

Mergers And Acquisitions Of Closely-Held Corporations (Powerpoint), Jerald D. August

William & Mary Annual Tax Conference

No abstract provided.


Nonqualified Employee Benefits For Privately-Held Companies – Equity And Deferred Compensation Opportunities (Outline), Taylor W. French, G. William Tysse Nov 2018

Nonqualified Employee Benefits For Privately-Held Companies – Equity And Deferred Compensation Opportunities (Outline), Taylor W. French, G. William Tysse

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Virginia Taxation, Craig D. Bell Nov 2018

Recent Developments In Virginia Taxation, Craig D. Bell

William & Mary Annual Tax Conference

No abstract provided.


International Provisions Of Public Law No. 115-97 (The “Tcja”) (Powerpoint), William B. Sherman Nov 2018

International Provisions Of Public Law No. 115-97 (The “Tcja”) (Powerpoint), William B. Sherman

William & Mary Annual Tax Conference

No abstract provided.


At A Loss: Excess Business Loss And Nol Provisions Of The Tcja (Powerpoint), Brian J. O'Connor, Stephen M. Sharkey Nov 2018

At A Loss: Excess Business Loss And Nol Provisions Of The Tcja (Powerpoint), Brian J. O'Connor, Stephen M. Sharkey

William & Mary Annual Tax Conference

No abstract provided.


Advising Partners And Partnerships Under The New Centralized Partnership Audit Rules: The Need To Amend Partnership And Llc Operating Agreements (Powerpoint), Jerald D. August Nov 2018

Advising Partners And Partnerships Under The New Centralized Partnership Audit Rules: The Need To Amend Partnership And Llc Operating Agreements (Powerpoint), Jerald D. August

William & Mary Annual Tax Conference

No abstract provided.


Mergers And Acquisitions Of Closely-Held Corporations (Outline), Jerald D. August Nov 2018

Mergers And Acquisitions Of Closely-Held Corporations (Outline), Jerald D. August

William & Mary Annual Tax Conference

No abstract provided.


An Overview Of Partnerships (Powerpoint), Ari Berk, Drew Tidwell Nov 2018

An Overview Of Partnerships (Powerpoint), Ari Berk, Drew Tidwell

William & Mary Annual Tax Conference

No abstract provided.


2018 Schedule Nov 2018

2018 Schedule

William & Mary Annual Tax Conference

No abstract provided.


2018 Tax Conference Forms Nov 2018

2018 Tax Conference Forms

William & Mary Annual Tax Conference

No abstract provided.


2018 Tax Conference Speakers Nov 2018

2018 Tax Conference Speakers

William & Mary Annual Tax Conference

No abstract provided.


A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker Nov 2018

A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker

Faculty Publications

The Supreme Court is set to decide a case requesting reconsideration of a doctrine that has long bedeviled constitutional litigants and commentators. The case is Knick v. Township of Scott, and the doctrine is the "ripeness" rule from Williamson County Regional Planning Commission v. Hamilton Bank that plaint~ffs seeking to raise takings claims under the Fifth Amendment must pursue state-created remedies first- the so-called "compensation prong" (as distinguished from a separate "takings prong"). This Essay argues that to put the compensation prong in the best light possible, the Court should view the requirement as a "prudential" rule rather than (as …


Arming Public Protests, Timothy Zick Nov 2018

Arming Public Protests, Timothy Zick

Faculty Publications

Public protests have become armed events, with protesters and counter-protesters openly carrying firearms—generally pursuant to state law. Many view the presence of firearms at protest events as wholly incompatible with the exercise of First Amendment free speech and assembly rights. Although the Supreme Court has yet to decide whether there is a Second Amendment right to openly carry firearms in public, all but a small handful of states in the United States provide some legal protection for open carry. Taking the law as it currently stands, this Article provides a comprehensive assessment of the options available to officials who seek …


The Right To Counsel In Criminal Cases: Still A National Crisis?, Mary Sue Backus, Paul Marcus Nov 2018

The Right To Counsel In Criminal Cases: Still A National Crisis?, Mary Sue Backus, Paul Marcus

Faculty Publications

In 1963, Gideon v. Wainwright dramatically changed the landscape of criminal justice with its mandate that poor criminal defendants be entitled to legal representation funded by the government. As scholars and practitioners have noted repeatedly over more than fifty years, states have generally failed to provide the equal access Gideon promised. This Article revisits the questions raised by the authors over a decade ago when they asserted that a genuine national crisis exists regarding the right to counsel in criminal cases for poor people. Sadly, despite a few isolated instances where litigation has sparked some progress, the issues remain the …


Prosecutorial Dismissals As Teachable Moments (And Databases) For The Police, Adam M. Gershowitz Nov 2018

Prosecutorial Dismissals As Teachable Moments (And Databases) For The Police, Adam M. Gershowitz

Faculty Publications

The criminal justice process typically begins when the police make a warrantless arrest. Although police usually do a good job of bringing in the “right” cases, they do make mistakes. Officers sometimes arrest suspects even though there is no evidence to prove an essential element of the crime. Police also conduct unlawful searches and interrogations. And officers make arrests in marginal cases—schoolyard fights are a good example—in which prosecutors do not think a criminal conviction is appropriate. Accordingly, prosecutors regularly dismiss cases after police have made warrantless arrests and suspects have sat in jail for days, or even weeks. In …


Public Or Private Venture Capital?, Darian M. Ibrahim Oct 2018

Public Or Private Venture Capital?, Darian M. Ibrahim

Popular Media

No abstract provided.


Counterfeit Campaign Speech, Rebecca Green Oct 2018

Counterfeit Campaign Speech, Rebecca Green

Popular Media

No abstract provided.


Onsite Sewage Systems: Background, Framework, And Solutions, Jamie Huffman, Sarah Simonetti, R. Scott Herbert Oct 2018

Onsite Sewage Systems: Background, Framework, And Solutions, Jamie Huffman, Sarah Simonetti, R. Scott Herbert

Virginia Coastal Policy Center

No abstract provided.