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

Law Commons

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

College of William & Mary Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 7568

Full-Text Articles in Law

International Criminal Court Comes Of Age, Nancy Amoury Combs Jan 2019

International Criminal Court Comes Of Age, Nancy Amoury Combs

Popular Media

No abstract provided.


How Bitcoin Functions As Property Law, Eric D. Chason Jan 2019

How Bitcoin Functions As Property Law, Eric D. Chason

Faculty Publications

Bitcoin replicates many of the formal aspects of real estate transactions. Bitcoin transactions have features that closely resemble grantor names, grantee names, legal descriptions, and signatures found in real property deeds. While these “Bitcoin deeds” may be interesting, they are not profound. Bitcoin goes beyond creating simple digital deeds, however, and replicates important institutional aspects of real estate transactions, in particular recordation and title assurance. Deeds to real property are recorded in a central repository (e.g., the public records office), which the parties (and the public) can search to determine title. When one grantor executes more than one deed ...


Of Piketty And Perpetuities: Dynastic Wealth In The Twenty-First Century (And Beyond), Eric Kades Jan 2019

Of Piketty And Perpetuities: Dynastic Wealth In The Twenty-First Century (And Beyond), Eric Kades

Faculty Publications

For the first time since independence, in a nation founded in large part on the rejection of a fixed nobility determined by birth and perpetuated by inheritance, America is paving the way for the creation of dynastic family wealth. Abolition of the Rule Against Perpetuities in over half the states along with sharp reductions in, and likely elimination of, the federal estate tax mean that there soon will be no obstacles to creating large pools of dynastic wealth insuring lavish incomes to heirs for generations without end. The timing of these legal changes could hardly be worse. Marshaling innovative economic ...


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.


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.


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 ...


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.


Can Judges Be Uncivilly Obedient?, Brannon P. Denning Oct 2018

Can Judges Be Uncivilly Obedient?, Brannon P. Denning

William & Mary Law Review

In a recent article, Jessica Bulman-Pozen and David Pozen identified “uncivil obedience” as a tactic for protesting laws or regulations, not by violating the law, as with civil disobedience, but rather by scrupulous attendance to it. They noted that it is a tactic available to private and public actors alike, but were doubtful that a judicial variety existed. They were skeptical because, in their opinion, even hyper-formalist legal opinions would be unlikely to be perceived as provocative as scrupulous adherence to the letter of the law might be when practiced by non-judicial actors. In this Article, I argue that judicial ...


The Faulty Law And Economics Of The “Baseball Rule”, Nathaniel Grow, Zachary Flagel Oct 2018

The Faulty Law And Economics Of The “Baseball Rule”, Nathaniel Grow, Zachary Flagel

William & Mary Law Review

This Article examines the so-called “Baseball Rule,” the legal doctrine generally immunizing professional baseball teams from liability when spectators are hit by errant balls or bats leaving the field of play. Following a recent series of high-profile fan injuries at Major League Baseball (MLB) games, this century-old legal doctrine has come under increased scrutiny, with both academic and media commentators calling for its abolition. Nevertheless, despite these criticisms, courts have almost uniformly continued to apply the Baseball Rule to spectator-injury lawsuits.

This Article offers two contributions to the ongoing debate surrounding the Baseball Rule. First, it provides new empirical evidence ...


Patent Prior Art And Possession, Timothy R. Holbrook Oct 2018

Patent Prior Art And Possession, Timothy R. Holbrook

William & Mary Law Review

Prior art in patent law defines the set of materials that the United States Patent and Trademark Office (USPTO) and courts use to determine whether the invention claimed in a patent is new and nonobvious. One would think that, as a central, crucial component of patent law, prior art would be thoroughly theorized and doctrinally coherent. Nothing could be further from the truth. The prior art provisions represent an ad hoc codification of various policies and doctrines that arose in the courts.

This Article provides coherency to this morass. It posits a prior art system that draws upon property law ...


Replacing The Flawed Chevron Standard, Brian G. Slocum Oct 2018

Replacing The Flawed Chevron Standard, Brian G. Slocum

William & Mary Law Review

Judicial review of agency statutory interpretations depends heavily on the linguistic concept of ambiguity. Most significantly, under Chevron, judicial deference to an agency’s interpretation hinges on whether the court determines the statute to be ambiguous. Despite its importance, the ambiguity concept has been poorly developed by courts and deviates in important respects from how linguists approach ambiguity. For instance, courts conflate ambiguity identification and disambiguation and treat ambiguity as an umbrella concept that encompasses distinct forms of linguistic indeterminacy such as vagueness and generality. The resulting ambiguity standard is unpredictable and does not adequately perform its function of mediating ...


Defining “Unduly”: Resolving Inherent Textual Ambiguity In The Imo’S Ballast Water Management Convention, John R. Bobka Oct 2018

Defining “Unduly”: Resolving Inherent Textual Ambiguity In The Imo’S Ballast Water Management Convention, John R. Bobka

William & Mary Law Review

No abstract provided.


Custom-Edited Dna: Legal Limits On The Patentability Of Crispr-Cas9'S Therapeutic Applications, Noah C. Chauvin Oct 2018

Custom-Edited Dna: Legal Limits On The Patentability Of Crispr-Cas9'S Therapeutic Applications, Noah C. Chauvin

William & Mary Law Review

No abstract provided.


Statutory Interpretation And The Rest Of The Iceberg: Divergences Between The Lower Federal Courts And The Supreme Court, Aaron-Andrew P. Bruhl Oct 2018

Statutory Interpretation And The Rest Of The Iceberg: Divergences Between The Lower Federal Courts And The Supreme Court, Aaron-Andrew P. Bruhl

Faculty Publications

This Article examines the methods of statutory interpretation used by the lower federal courts, especially the federal district courts, and compares those methods to the practices of the U.S. Supreme Court. This novel research reveals both similarities across courts and some striking differences. The research shows that some interpretive tools are highly overrepresented in the Supreme Court’s decisions, while other tools are much more prevalent in the lower courts. Differences in prevalence persist even after accounting for the selection effect that stems from the Supreme Court’s discretionary docket. Another finding—based on a study of 40 years ...


William & Mary Law School Clinical Program Newsletter, William & Mary Law School Oct 2018

William & Mary Law School Clinical Program Newsletter, William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.


A New Market-Based Approach To Securities Law, Kevin S. Haeberle Oct 2018

A New Market-Based Approach To Securities Law, Kevin S. Haeberle

Faculty Publications

Modern securities regulation has three main areas, each of which is plagued by a core problem. Mandatory disclosure law leaves society with suboptimal disclosure, as the government calls for too little of some information (for example, management analysis of company prospects) and too much of other information (for example, data about trivial executive perks). Securities fraud law (specifically, its central fraud-on-the-market theory of reliance) yields damages at odds with any reasonable theory of compensation and deterrence. And insider trading law fails to achieve its ends because incentives to police illegal trading and tipping by executives are currently weak.

In this ...


Evaluating Shepard’S, Keycite, And Bcite For Case Validation Accuracy, Paul Hellyer Oct 2018

Evaluating Shepard’S, Keycite, And Bcite For Case Validation Accuracy, Paul Hellyer

Library Staff Publications

This study evaluates and compares how accurately three legal citators (Shepard’s, KeyCite, and BCite) identify negative treatment of case law, based on a review of 357 citing relationships that at least one citator labeled as negative. In this sample, Shepard’s and KeyCite missed or mislabeled about one-third of negative citing relationships, while BCite missed or mislabeled over two-thirds. The citators’ relative performance is less clear when examining the most serious citator errors, examples of which can be found in all three citators.


Section 1: Moot Court: Nieves, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2018

Section 1: Moot Court: Nieves, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


2018-2019 Supreme Court Preview: Schedule And Panel Members, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2018

2018-2019 Supreme Court Preview: Schedule And Panel Members, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


2018-2019 Supreme Court Preview: Contents, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2018

2018-2019 Supreme Court Preview: Contents, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 6: Separation Of Powers, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2018

Section 6: Separation Of Powers, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 7: Civil Rights, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2018

Section 7: Civil Rights, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 5: Business Law, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2018

Section 5: Business Law, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 2: Trump And The Court, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2018

Section 2: Trump And The Court, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 3: Property Rights, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2018

Section 3: Property Rights, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 4: Criminal Law, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2018

Section 4: Criminal Law, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Managing Dissent, Timothy Zick Sep 2018

Managing Dissent, Timothy Zick

Faculty Publications

In his insightful new book, Managed Speech: The Roberts Court's First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a "managed speech" approach in its First Amendment cases. According to Professor Magarian, that approach gives too much power to private and governmental actors to manage public discourse, constrain dissident speakers, and instill social and political stability. This Article argues that at least insofar as it relates to many forms of public dissent, the managed speech approach is both deeply rooted in First Amendment jurisprudence and culturally prevalent. Historically, First Amendment jurisprudence has expressed support for narrowly ...


A First Step Towards Sentencing Reform, Jeffrey Bellin Aug 2018

A First Step Towards Sentencing Reform, Jeffrey Bellin

Popular Media

No abstract provided.