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Full-Text Articles in Law

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

Public Or Private Venture Capital?, Darian M. Ibrahim

Popular Media

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 ...


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.


President Trump: Challenging Core First Amendment Principles, Timothy Zick Aug 2018

President Trump: Challenging Core First Amendment Principles, Timothy Zick

Popular Media

No abstract provided.


The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick Aug 2018

The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick

Popular Media

No abstract provided.


Judge Kavanaugh And Freedom Of Expression, Timothy Zick Aug 2018

Judge Kavanaugh And Freedom Of Expression, Timothy Zick

Popular Media

No abstract provided.


Brigham-Kanner Property Rights Conference Journal, Volume 7, William & Mary Law School Aug 2018

Brigham-Kanner Property Rights Conference Journal, Volume 7, William & Mary Law School

Brigham-Kanner Property Rights Conference Journal

The Future of Regulatory Takings

October 12-13, 2017

Panel 1: The Future of Land Use Regulation: A Tribute to Callies

Panel 3: Property Rights in Water

Panel 4: The Denominator Problem and Other Emerging Issues in the Regulatory Takings Field


Justice Kennedy’S Controversial Judicial Philosophy, Described By A Former Clerk, Nancy Amoury Combs Jul 2018

Justice Kennedy’S Controversial Judicial Philosophy, Described By A Former Clerk, Nancy Amoury Combs

Popular Media

No abstract provided.


Beyond Gift And Bargain: Some Suggestions For Increasing Kidney Exchanges, Nathan B. Oman Jun 2018

Beyond Gift And Bargain: Some Suggestions For Increasing Kidney Exchanges, Nathan B. Oman

Faculty Publications

Each year, thousands of people in the United States die from end stage renal disease (ESRD), despite the fact that we have the medical knowledge necessary to save them. The reason is simple: these people need a kidney transplant and we have too few kidneys. Given our current technology, the only way to meet the massive annual shortfall between the number of kidneys that are donated and the number of kidneys that are necessary to save the lives of those with ESRD is to increase the number of living donations. The debate on how to do so has often pitted ...


Improving Access To Justice Via Technology, Fredric I. Lederer May 2018

Improving Access To Justice Via Technology, Fredric I. Lederer

Popular Media

No abstract provided.


Constitutional Injury And Tangibility, Rachel Bayefsky May 2018

Constitutional Injury And Tangibility, Rachel Bayefsky

William & Mary Law Review

The Supreme Court, in the 2016 case Spokeo, Inc. v. Robins, announced a framework for determining whether a plaintiff had alleged an injury that would permit entry into federal court. The Court indicated that a plaintiff, in order to have constitutional standing, needed to suffer harm that was “concrete” or “real.” In explaining how courts could ascertain whether an alleged harm was concrete, the Court created a category of “intangible” harm subject to a distinctive, and arguably more demanding, concreteness inquiry than “tangible” harm, a category that seemingly includes only physical or economic harm. In particular, Spokeo directed courts to ...


Accidents And Aggregates, Lee Anne Fennell May 2018

Accidents And Aggregates, Lee Anne Fennell

William & Mary Law Review

Tort law responds to discrete, harmful events—“accidents”—by converting unruly facts into a binary on/off judgment about liability. This operation, characteristic of much of law, resembles the “thresholding” process used to convert grayscale images to black and white. It embeds decisions about how to isolate and evaluate the sample of risk-related behavior connected to the accident. This Article focuses on the implicit but powerful role that aggregation—of behavior, precautions, and events—plays in the determination of liability. These aggregative choices determine how large a slice of an injurer’s conduct tort law will capture within its viewfinder ...


Borrowing In The Shadow Of Death: Another Look At Probate Lending, David Horton May 2018

Borrowing In The Shadow Of Death: Another Look At Probate Lending, David Horton

William & Mary Law Review

“Fringe” lending has long been controversial. Three decades ago, demand for subprime credit soared, and businesses started to offer high-interest rate cash advances, such as tax refund anticipation loans, payday loans, and pension loans. These products have sparked intense debate and are subject to a maze of rules.

However, in Probate Lending, published in the Yale Law Journal, a coauthor and I examined a form of fringe lending that has gone largely unnoticed: firms that pay lump sums in return for an heir or beneficiary’s interest in a pending decedent’s estate. Capitalizing on a California law that requires ...


Embracing The Chinese Exclusion Case: An International Law Approach To Racial Exclusions, Lauri Kai May 2018

Embracing The Chinese Exclusion Case: An International Law Approach To Racial Exclusions, Lauri Kai

William & Mary Law Review

No abstract provided.


Whom Should We Punish, And How? Rational Incentives And Criminal Justice Reform, Keith N. Hylton May 2018

Whom Should We Punish, And How? Rational Incentives And Criminal Justice Reform, Keith N. Hylton

William & Mary Law Review

This Article sets out a comprehensive account of rational punishment theory and examines its implications for criminal law reform. Specifically, what offenses should be subjected to criminal punishment, and how should we punish? Should we use prison sentences or fines, and when should we use them? Should some conduct be left to a form of market punishment through private lawsuits? Should fines be used to fund the criminal justice system? The answers I offer address some of the most important public policy issues of the moment, such as mass incarceration and the use of fines to finance law enforcement. The ...


Following Oregon’S Trail: Implementing Automatic Voter Registration To Provide For Improved Jury Representation In The United States, Julie A. Cascino May 2018

Following Oregon’S Trail: Implementing Automatic Voter Registration To Provide For Improved Jury Representation In The United States, Julie A. Cascino

William & Mary Law Review

No abstract provided.


The Federal–State Standing Gap: How To Enforce Federal Law In Federal Court Without Article Iii Standing, Peter N. Salib, David K. Suska May 2018

The Federal–State Standing Gap: How To Enforce Federal Law In Federal Court Without Article Iii Standing, Peter N. Salib, David K. Suska

William & Mary Bill of Rights Journal

You, too, can sue Donald Trump under the Emoluments Clause!

Since Inauguration Day, several lawsuits have been filed against President Trump because of his refusal to divest certain assets. They assert that Trump’s business interests conflict with the Emoluments Clause of Article I. That arcane provision forbids certain federal officials from accepting any perquisite or gain from a foreign monarch or state. The suits contend, for example, that a foreign dignitary’s booking of a room at the Trump International Hotel in Washington, D.C. would constitute an unlawful emolument.

Most commentators quickly threw cold water on the prospect ...


Highway Robbery: Due Process, Equal Protection, And Punishing Poverty With Driver’S License Suspensions, Thomas Capretta May 2018

Highway Robbery: Due Process, Equal Protection, And Punishing Poverty With Driver’S License Suspensions, Thomas Capretta

William & Mary Bill of Rights Journal

No abstract provided.