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Articles 1 - 30 of 7303

Full-Text Articles in Law

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 ...


What Trump Misses About Free Speech, Timothy Zick Sep 2017

What Trump Misses About Free Speech, Timothy Zick

Popular Media

No abstract provided.


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


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.


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 ...


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.


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.


Semantic Vagueness And Extrajudicial Constitutional Decisionmaking, Anthony O'Rourke May 2017

Semantic Vagueness And Extrajudicial Constitutional Decisionmaking, Anthony O'Rourke

William & Mary Bill of Rights Journal

This Article integrates two scholarly conversations to shed light on the divergent ways in which courts and legislatures implement constitutional texts. First, there is a vast literature examining the different ways in which courts and extrajudicial institutions, including legislatures, implement the Constitution’s textually vague expressions. Second, in recent years legal philosophers have begun to use philosophy of language to elucidate the relationship between vague legal texts and the content of laws. There is little scholarship, however, that uses philosophy of language to analyze the divergent ways in which legislatures and courts implement vague constitutional provisions. This Article argues that ...


“Time Enough” For Scrutiny: The Second Amendment, Mental Health, And The Case For Intermediate Scrutiny, Benjamin A. Ellis May 2017

“Time Enough” For Scrutiny: The Second Amendment, Mental Health, And The Case For Intermediate Scrutiny, Benjamin A. Ellis

William & Mary Bill of Rights Journal

No abstract provided.


The Government Speech Doctrine In Walker’S Wake: Early Rifts And Reverberations On Free Speech, Viewpoint Discrimination, And Offensive Expression, Clay Calvert May 2017

The Government Speech Doctrine In Walker’S Wake: Early Rifts And Reverberations On Free Speech, Viewpoint Discrimination, And Offensive Expression, Clay Calvert

William & Mary Bill of Rights Journal

This Article examines the immediate effects on free expression of the U.S. Supreme Court’s 2015 ruling in Walker v. Texas Division, Sons of Confederate Veterans, Inc. involving the government speech doctrine. In Walker, a sharply—and largely partisanly—divided Court upheld, in the face of a First Amendment challenge, Texas’s decision denying a private organization’s application for a specialty license plate featuring Confederate battle flag imagery. This Article initially reviews the government speech doctrine and Walker. It then analyzes Walker’s impact on cases that, like it, involve specialty license plate programs. Next, this Article explores ...


The Limits Of Prosecutorial Power, Jeffrey Bellin May 2017

The Limits Of Prosecutorial Power, Jeffrey Bellin

Popular Media

No abstract provided.


Reading Together And Apart: Juries, Courts, And Substantial Similarity In Copyright Law, Laura A. Heymann May 2017

Reading Together And Apart: Juries, Courts, And Substantial Similarity In Copyright Law, Laura A. Heymann

Faculty Publications

No abstract provided.


The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki May 2017

The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki

William & Mary Law Review

In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production. We argue that informal rules are a significant and pervasive—but nonetheless underappreciated—tool for solving the problem. While existing literature has focused on how informal rules sustain incentives for producing creative work, we demonstrate how such rules can facilitate and organize collaboration in the creative space.

We also suggest that informal rules can be a better fit for creative organization than formal law. On the one side, unique features of creativity, especially high uncertainty and low verifiability, lead to organizational challenges that ...


Buying Happiness: Property, Acquisition, And Subjective Well-Being, David Fagundes May 2017

Buying Happiness: Property, Acquisition, And Subjective Well-Being, David Fagundes

William & Mary Law Review

Acquiring property is a central part of the modern American vision of the good life. The assumption that accruing more land or chattels will make us better off is so central to the contemporary preoccupation with acquisition that it typically goes without saying. Yet an increasing body of evidence from psychologists and economists who study hedonics—the science of happiness—yields the surprising conclusion that getting and having property does not actually increase our subjective well-being. In fact, it might even decrease it. While scholars have integrated the insights of hedonics into other areas of law, no scholarship has yet ...


The Power Canons, Lisa Heinzerling May 2017

The Power Canons, Lisa Heinzerling

William & Mary Law Review

With three recent decisions—Utility Air Regulatory Group v. EPA, King v. Burwell, and Michigan v. EPA—the Supreme Court has embraced a new trio of canons of statutory interpretation. When an agency charged with administering a long-existing statute asserts regulatory authority it has not previously used, in a matter having large economic and political significance, its interpretation will be met with skepticism. When an agency charged with administering an ambiguous statutory provision answers a question of large economic and political significance, one central to the statutory regime, and the Court believes the agency is not an expert in the ...


Exploring The Boundaries Of Obergefell, Andrew J. Pecoraro May 2017

Exploring The Boundaries Of Obergefell, Andrew J. Pecoraro

William & Mary Law Review

No abstract provided.


The Commercial Difference, Felix T. Wu May 2017

The Commercial Difference, Felix T. Wu

William & Mary Law Review

When it comes to the First Amendment, commerciality does, and should, matter. This Article develops the view that the key distinguishing characteristic of corporate or commercial speech is that the interest at stake is “derivative,” in the sense that we care about the speech interest for reasons other than caring about the rights of the entity directly asserting a claim under the First Amendment. To say that the interest is derivative is not to say that it is unimportant, and one could find corporate and commercial speech interests to be both derivative and strong enough to apply heightened scrutiny to ...


A Case Of Overcorrection: How The Ftc’S Regulation Of “Unfair Acts And Practices” Is Unfair To Small Businesses, Jennifer L. West May 2017

A Case Of Overcorrection: How The Ftc’S Regulation Of “Unfair Acts And Practices” Is Unfair To Small Businesses, Jennifer L. West

William & Mary Law Review

No abstract provided.


Justice Scalia And Sherman Act Textualism, Alan Meese May 2017

Justice Scalia And Sherman Act Textualism, Alan Meese

Faculty Publications

No abstract provided.


The Essential Structure Of Property Law, James Y. Stern May 2017

The Essential Structure Of Property Law, James Y. Stern

Faculty Publications

This Article examines a characteristic of property entitlements fundamental to the structure of property systems that has received scant academic attention, a characteristic referred to as the mutual exclusivity principle. According to this principle, a property system does not allow for the existence of incompatible rights. Two people cannot separately be the owners of the same resource, for instance. By contrast, two people can each hold valid but contradictory contract rights to the resource. Although the existing property literature has stressed the “exclusive” nature of property, the various ways in which property is imagined to be exclusive, such as by ...


Much Ado About Nothing: The Limits Of Liability For Item 303 Omissions And The Circuit Split That Never Was, Brian Currie Apr 2017

Much Ado About Nothing: The Limits Of Liability For Item 303 Omissions And The Circuit Split That Never Was, Brian Currie

William & Mary Business Law Review

The implied private action for violations of SEC Rule 10b-5 has a contentious history. When plaintiffs base such actions on representations of forward-looking information, however, the stakes are even higher. Recently, the federal circuit courts revisited this divisive issue while deciding whether an omission from required disclosure of Management’s Discussion and Analysis (MD&A) of financial conditions and results of operations. The apparent disparity between the federal circuit courts has caused great consternation and uncertainty in the corporate legal sphere.

This Note will examine the origins and controversial history of Rule 10b-5 private actions, discuss the treatment of MD ...


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

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

Appellate Briefs

No abstract provided.


“Breaking Bad” Contracts: Bargaining For Masculinity In Popular Culture, Lenora Ledwon Apr 2017

“Breaking Bad” Contracts: Bargaining For Masculinity In Popular Culture, Lenora Ledwon

William & Mary Journal of Women and the Law

This Article examines the award-winning television show, Breaking Bad, to illustrate how the idea of a contract in popular culture can become inflected with a style of retrograde masculinity. Deals in Breaking Bad take place in the classic contract imaginary, which resembles the classic Western shootout: two antagonists face each other down in a duel. The show interrogates the frontier thesis, with its links to the American Dream and dangerous masculinities, through the ruthless contracts of Walter White.


‘Relational Privacy’ & Tort, Stuart Hargreaves Apr 2017

‘Relational Privacy’ & Tort, Stuart Hargreaves

William & Mary Journal of Women and the Law

This Article argues that the current interpretation given to the four-part invasion of privacy framework by the courts is inadequate in the face of modern privacy challenges. In particular, it struggles with claims for privacy over public matters or other ‘non-secret’ matters that an individual may nonetheless have some ongoing privacy interest in. This Article suggests that this struggle is the result of the courts adopting a fixed, binary approach to privacy, which is itself grounded in a liberal-individualistic account of autonomy. While this may be a natural response to concerns about limiting the scope of the tort, it is ...


“Johnny Pushed Me And I Can’T Get Up . . . And I Can’T Get Help!”: The Intersection Of Elder Abuse And Domestic Violence In South Carolina And Its Effect On Older Battered Women, Mary D. Antley Apr 2017

“Johnny Pushed Me And I Can’T Get Up . . . And I Can’T Get Help!”: The Intersection Of Elder Abuse And Domestic Violence In South Carolina And Its Effect On Older Battered Women, Mary D. Antley

William & Mary Journal of Women and the Law

No abstract provided.