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College of William & Mary Law School

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Articles 1 - 30 of 7332

Full-Text Articles in Law

Separating Amicus Wheat From Chaff, Aaron-Andrew P. Bruhl, Adam Feldman Jan 2018

Separating Amicus Wheat From Chaff, Aaron-Andrew P. Bruhl, Adam Feldman

Faculty Publications

No abstract provided.


It's Still Too Easy To Push Blacks, Minorities Off Of Juries, Jeffrey Bellin Dec 2017

It's Still Too Easy To Push Blacks, Minorities Off Of Juries, Jeffrey Bellin

Popular Media

No abstract provided.


One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl Dec 2017

One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl

Faculty Publications

This Article concerns an aspect of Article III standing that has played a role in many of the highest-profile controversies of recent years, including litigation over the Affordable Care Act, immigration policy, and climate change. Although the federal courts constantly emphasize the importance of ensuring that only proper plaintiffs invoke the federal judicial power, the Supreme Court and other federal courts have developed a significant exception to the usual requirement of standing. This exception holds that a court entertaining a multiple-plaintiff case may dispense with inquiring into the standing of each plaintiff as long as the court finds that one ...


Justice Scalia's Other Standing Legacy, Tara Leigh Grove Dec 2017

Justice Scalia's Other Standing Legacy, Tara Leigh Grove

Faculty Publications

No abstract provided.


Crowdfunding Signals, Darian M. Ibrahim Nov 2017

Crowdfunding Signals, Darian M. Ibrahim

Popular Media

No abstract provided.


Protests In Peril, Timothy Zick Nov 2017

Protests In Peril, Timothy Zick

Faculty Publications

No abstract provided.


Tax Credits Basics & Update--Historic Tax Credits And New Markets Tax Credits (Powerpoint), Stephen M. Sharkey Nov 2017

Tax Credits Basics & Update--Historic Tax Credits And New Markets Tax Credits (Powerpoint), Stephen M. Sharkey

William & Mary Annual Tax Conference

No abstract provided.


Taxing Systemic Risk, Eric D. Chason Nov 2017

Taxing Systemic Risk, Eric D. Chason

Faculty Publications

A tax on the harmful elements of finance—a tax on systemic risk—would raise revenue and also lower the likelihood of future crisis. Financial institutions, which pay the tax, would try to minimize its cost by lowering their systemic risk. In theory, a tax on systemic risk is perfect policy. In practice, however, this perfect policy is unattainable. Tax laws need clear definitions to be administrable. Our current understanding of systemic risk is too abstract and too metaphorical to serve as a target for taxation.

Despite the absence of a clear definition of systemic risk, academics and policy makers ...


Creative Communities And Intellectual Property Law, Laura A. Heymann Nov 2017

Creative Communities And Intellectual Property Law, Laura A. Heymann

Popular Media

No abstract provided.


Appendix: Conjunction-Problem V. Non-Conjunction-Problem Jurisdictions, David S. Schwartz, Elliott Sober Nov 2017

Appendix: Conjunction-Problem V. Non-Conjunction-Problem Jurisdictions, David S. Schwartz, Elliott Sober

William & Mary Law Review Online

This appendix presents the relevant data from our survey of jury instructions in support of the article in the print edition of the William & Mary Law Review. The Conjunction Problem and the Logic of Jury Findings (59 Wm. & Mary L. Rev. 619, 673-87 (2017))


Corporate Directors In The United Kingdom, Stephen M. Bainbridge Nov 2017

Corporate Directors In The United Kingdom, Stephen M. Bainbridge

William & Mary Law Review Online

In the United States, state corporation law uniformly provides that only natural persons may serve as directors of corporations. Corporations, limited liability companies, and other entities otherwise recognized in the law as legal persons are prohibited from so serving. In contrast, the United Kingdom allowed legal entities to serve as directors of a company. In 2015, however, legislation came into force adopting a general prohibition of these so-called corporate directors, albeit while contemplating some exemptions. This Article argues that there are legitimate reasons companies may wish to appoint corporate directors. It also argues that the transparency and accountability concerns that ...


The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman Oct 2017

The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman

William & Mary Law Review

When creators and innovators take up a new task, they face a world of existing creative works, inventions, and ideas, some of which are governed by intellectual property (IP) rights. This presents a choice: Should the creator pay to license those rights? Or, alternatively, should the creator undertake to innovate around them? Our Article formulates this “build on/build around decision” as the fundamental feature of sequential creativity, and it maps a number of factors—some legal, some contextual—that affect how creators are likely to decide between building on existing IP or building around it. Importantly, creators are influenced ...


Rethinking Preemption And Constitutional Parameters In Bankruptcy, Michelle M. Harner Oct 2017

Rethinking Preemption And Constitutional Parameters In Bankruptcy, Michelle M. Harner

William & Mary Law Review

Chapter 11 of the U.S. Bankruptcy Code allows financially distressed businesses to reorganize and emerge from bankruptcy free of their pre-bankruptcy debts and obligations. In general, a business can achieve this kind of “fresh start” by confirming a plan of reorganization or pursuing a going-concern sale that typically facilitates a change in ownership, a reduction in leverage, and the elimination of most claims against the company’s assets. Through these kinds of transactions, a business can emerge from bankruptcy with a stronger balance sheet and often a new ownership structure. It also can streamline operations by, for example, assuming ...


The Information-Forcing Dilemma In Damages Law, Tun-Jen Chiang Oct 2017

The Information-Forcing Dilemma In Damages Law, Tun-Jen Chiang

William & Mary Law Review

Courts assessing compensatory damages awards often lack adequate information to determine the value of a victim’s loss. A central reason for this problem, which the literature has thus far overlooked, is that courts face a dilemma when applying their standard information-forcing tools to the context of damages. Specifically, the standard method by which courts obtain information is through a burden of proof. In the context of damages, this means a rule requiring plaintiffs to prove the value of a loss. But courts will often face a situation where a plaintiff can clearly prove the existence of a loss, yet ...


Pleading Patent Infringement: Res Ipsa Loquitur As A Guide, Andrew L. Milam Oct 2017

Pleading Patent Infringement: Res Ipsa Loquitur As A Guide, Andrew L. Milam

William & Mary Law Review

No abstract provided.


Equal Liberty In Proportion, Joshua E. Weishart Oct 2017

Equal Liberty In Proportion, Joshua E. Weishart

William & Mary Law Review

As federal law continues to devolve more education policy making to states, state courts will remain a primary forum for settling education rights. State fora do not inspire confidence, however, because their doctrine is so uncertain. A majority of state supreme courts do not specify a level of scrutiny and at times seem to be improvising judicial review. The resulting decisions can exhibit a troubling lack of foresight. Most notably, while federal doctrine increasingly reveals the interrelation of liberty and equality claims, state courts have failed to capitalize on that point—even though their decisions were among the first to ...


Historic Districts: Preserving The Old With The Compatible New, Emma Brandt Vignali Oct 2017

Historic Districts: Preserving The Old With The Compatible New, Emma Brandt Vignali

William & Mary Law Review

No abstract provided.


What Trump Misses About Free Speech, Timothy Zick Sep 2017

What Trump Misses About Free Speech, Timothy Zick

Popular Media

No abstract provided.


Distributed Governance, Carla L. Reyes, Nizan Geslevich Packin, Ben Edwards Sep 2017

Distributed Governance, Carla L. Reyes, Nizan Geslevich Packin, Ben Edwards

William & Mary Law Review Online

Distributed ledger technology disrupts traditional business organizations by introducing new business entities without the directors and officers of traditional corporate entities. Although these emerging entities offer intriguing possibilities, distributed entities may suffer significant collective action problems and expose investors to catastrophic regulatory and governance risks. Our Article examines key considerations for stakeholders and argues that distributed entities must be carefully structured to function effectively. This Article breaks new ground by critically examining distributed entities. We argue that a distributed model is most appropriate when distributed ledger technology solves a unique corporate governance problem. We caution against ignoring the lessons painstakingly ...


Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman Aug 2017

Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman

Appellate Briefs

No abstract provided.


Brigham-Kanner Property Rights Conference Journal, Volume 6, William & Mary Law School Aug 2017

Brigham-Kanner Property Rights Conference Journal, Volume 6, William & Mary Law School

Brigham-Kanner Property Rights Conference Journal

The Role of Property in Secure Societies

October 19-21, 2016

Panel 1: Land Titling, Inclusion, and the Role of Property Rights in Secure Socities

Panel 3: Property's Role in the Fundamental Political Structure of Nations

Panel 5: Eminent Domain and Expropriations as Wealth Redistribution Tools

Panel 6: Defining and Protecting Property Rights in Intangible Assets

Panel 7: Rising Seas and Private Property: Advocates and Academics Debate Format

Panel 8: Property Rights as Defined and Protected by International Courts


Evaluating Stock-Trading Practices And Their Regulation, Merritt B. Fox, Kevin S. Haeberle Jul 2017

Evaluating Stock-Trading Practices And Their Regulation, Merritt B. Fox, Kevin S. Haeberle

Faculty Publications

High-frequency trading, dark pools, and the practices associated with them have come under tremendous scrutiny lately, giving rise to much hot rhetoric. Missing from the discussion, however, is a principled, comprehensive standard for evaluating such practices and the law that governs them. This Article fills that gap by providing a general framework for making serious normative judgments about stock-trading behavior and its regulation. In particular, we argue that such practices and laws should be evaluated with an eye to the secondary trading market's impact on four main aspects of our economy: the use of existing productive capacity, the allocation ...


Discrimination Platforms, Kevin S. Haeberle Jul 2017

Discrimination Platforms, Kevin S. Haeberle

Faculty Publications

Off-exchange trading today has become defined by its opacity. Indeed, the framing of this symposium on What Happens in the Dark: An Exploration of Dark Pools and High Frequency Trading and its goal of "exam[ing] a portion of the modern market that remains largely outside of the public eye"l is much in line with contemporary thinking in policymaking, academic, and industry circles alike. Yet, off-exchange trading through "dark" pools and the like is far more transparent than thought, and exchange trading the opposite. In fact, much trading through off-exchange platforms is even more transparent than that facilitated by ...


A Progressive Federal Tax Credit For State Tax Payments, Eric Kades Jun 2017

A Progressive Federal Tax Credit For State Tax Payments, Eric Kades

Popular Media

No abstract provided.


Impression Products, Inc. V. Lexmark Inc.: Will International Patent Exhaustion Bring Free Trade In Patented Goods?, Sarah R. Wasserman Rajec Jun 2017

Impression Products, Inc. V. Lexmark Inc.: Will International Patent Exhaustion Bring Free Trade In Patented Goods?, Sarah R. Wasserman Rajec

Popular Media

No abstract provided.


Judicial Fact-Finding In An Age Of Rapid Change: Creative Reforms From Abroad, Allison Orr Larsen Jun 2017

Judicial Fact-Finding In An Age Of Rapid Change: Creative Reforms From Abroad, Allison Orr Larsen

Faculty Publications

No abstract provided.


Crowdfunding Without The Crowd, Darian M. Ibrahim Jun 2017

Crowdfunding Without The Crowd, Darian M. Ibrahim

Faculty Publications

The final crowdfunding rules took three years for the Securites and Exchange Commission to pass, but crowdfunding—the offering of securities over the Internet—is now a reality. But now that crowdfunding is legal, will it be successful? Will crowdfunding be a regular means by which new companies raise money, or will it be relegated to a wasteland of the worst startups and foolish investors? This Article argues that crowdfunding has a greater chance of success if regulators abandon the idea that the practice does (and should) employ “crowd-based wisdom.” Instead, I argue that crowdfunding needs intermediation by experts that ...


Hiding In Plain View: A Path Around Sovereign Immunity For State Government Employees, William J. Rich May 2017

Hiding In Plain View: A Path Around Sovereign Immunity For State Government Employees, William J. Rich

William & Mary Bill of Rights Journal

No abstract provided.


Combating Thieves Of Valor: The Stolen Valor Act Of 2013 Is Constitutional Yet Unenforced, Mary E. Johnston May 2017

Combating Thieves Of Valor: The Stolen Valor Act Of 2013 Is Constitutional Yet Unenforced, Mary E. Johnston

William & Mary Bill of Rights Journal

No abstract provided.


Excessively Unconstitutional: Civil Asset Forfeiture And The Excessive Fines Clause In Virginia, Rachel Jones May 2017

Excessively Unconstitutional: Civil Asset Forfeiture And The Excessive Fines Clause In Virginia, Rachel Jones

William & Mary Bill of Rights Journal

No abstract provided.