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College of William & Mary Law School

2007

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Articles 1 - 30 of 233

Full-Text Articles in Law

Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman Dec 2007

Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman

William & Mary Bill of Rights Journal

No abstract provided.


Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell Dec 2007

Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell

William & Mary Bill of Rights Journal

No abstract provided.


Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps Dec 2007

Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps

William & Mary Bill of Rights Journal

A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North ...


Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin Dec 2007

Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin

William & Mary Bill of Rights Journal

American divorce law was transformed by the Supreme Court in a series of decisions beginning with Williams v. North Carolina in 1942. These constitutional full faith and credit cases resolved a long-standing federalism problem by redefining the scope of state power over marital status. With these decisions, the Court shifted from an analysis based on the competing interests of different states to an approach that highlighted the individual interests of the parties involved. This change fundamentally altered state power over the family by extending to individuals greater control of their marital status. In the process, the Court cleared a path ...


Sense-Enhanced Searches And The Irrelevance Of The Fourth Amendment, David E. Steinberg Dec 2007

Sense-Enhanced Searches And The Irrelevance Of The Fourth Amendment, David E. Steinberg

William & Mary Bill of Rights Journal

No abstract provided.


Be They Fish Or Not Fish: The Fishy Registration Of Nonsexual Offenders, Ofer Raban Dec 2007

Be They Fish Or Not Fish: The Fishy Registration Of Nonsexual Offenders, Ofer Raban

William & Mary Bill of Rights Journal

No abstract provided.


Congress Has The Power To Enforce The Bill Of Rigths Against The Federal Government; Therefore Fisa Is Constitutional And The President's Terrorist Surveillance Program Is Illegal, Wilson R. Huhn Dec 2007

Congress Has The Power To Enforce The Bill Of Rigths Against The Federal Government; Therefore Fisa Is Constitutional And The President's Terrorist Surveillance Program Is Illegal, Wilson R. Huhn

William & Mary Bill of Rights Journal

The principal point of this Article is that Congress has plenary authority to enforce the Bill of Rights against the federal government. Although this precept is a fundamental one, neither the Supreme Court nor legal scholars have articulated this point in clear, simple, and direct terms. The Supreme Court does not have a monopoly on the Bill of Rights. Congress, too, has constitutional authority to interpret our rights and to enforce or enlarge them as against the actions of the federal government. Congress exercised its power to protect the constitutional rights of American citizens when it enacted the Foreign Intelligence ...


Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula Dec 2007

Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula

Library Staff Publications

No abstract provided.


Betting On The Wrong Horse: The Detrimental Effect Of Noncompliance In The Internet Gambling Dispute On The General Agreement On Trade In Services (Gats), Kathryn B. Codd Dec 2007

Betting On The Wrong Horse: The Detrimental Effect Of Noncompliance In The Internet Gambling Dispute On The General Agreement On Trade In Services (Gats), Kathryn B. Codd

William & Mary Law Review

No abstract provided.


Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham Dec 2007

Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham

William & Mary Law Review

No abstract provided.


The Empire Of Illness: Competence And Coercion In Health-Care Decision Making, Marsha Garrison Dec 2007

The Empire Of Illness: Competence And Coercion In Health-Care Decision Making, Marsha Garrison

William & Mary Law Review

The law's willingness to take account of factors that interfere with volition tends to vary in accordance with its underlying goals. The law of wills is dominated by the principle of freedom of testation; it has thus developed doctrines aimed at detecting coercive influences that interfere with the testator's free agency. The law of medical decision making, dominated by the analogous principle of patient autonomy, has not developed doctrines aimed at detecting coercive influences despite a large and growing body of evidence showing that disordered insight and major depression, two common medical conditions, often have a coercive, negative ...


The Common Law Genius Of The Warren Court, David A. Strauss Dec 2007

The Common Law Genius Of The Warren Court, David A. Strauss

William & Mary Law Review

The Warren Court's most important decisions-on school segregation, reapportionment, free speech, and criminal procedure are firmly entrenched in the law. But the idea persists, even among those who are sympathetic to the results that the Warren Court reached, that what the Warren Court was doing was somehow not really law: that the Warren Court "made it up," and that the important Warren Court decisions cannot be justified by reference to conventional legal materials.

It is true that the Warren Court's most important decisions cannot be easily justified on the basis of the text of the Constitution or the ...


Child Welfare's Paradox, Dorothy E. Roberts Dec 2007

Child Welfare's Paradox, Dorothy E. Roberts

William & Mary Law Review

No abstract provided.


Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung Dec 2007

Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung

William & Mary Law Review

No abstract provided.


Estop In The Name Of Love: A Case For Constructive Marriage In Virginia, Andrew W. Scott Dec 2007

Estop In The Name Of Love: A Case For Constructive Marriage In Virginia, Andrew W. Scott

William & Mary Law Review

No abstract provided.


Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala Dec 2007

Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala

William & Mary Law Review

No abstract provided.


The United States Register Of Copyrights (Program), Marybeth Peters Nov 2007

The United States Register Of Copyrights (Program), Marybeth Peters

Stanley H. Mervis Lecture

No abstract provided.


Selected Energy Tax Credit Provisions In The Internal Revenue Code Nov 2007

Selected Energy Tax Credit Provisions In The Internal Revenue Code

William & Mary Annual Tax Conference

No abstract provided.


A Guide To The Attorney-Client Privilege And Work Product Doctrine For Tax Practitioners, Craig D. Bell, Thomas E. Spahn, Christopher S. Rizek Nov 2007

A Guide To The Attorney-Client Privilege And Work Product Doctrine For Tax Practitioners, Craig D. Bell, Thomas E. Spahn, Christopher S. Rizek

William & Mary Annual Tax Conference

No abstract provided.


Primer On Energy Tax Credits, Laura Ellen Jones Nov 2007

Primer On Energy Tax Credits, Laura Ellen Jones

William & Mary Annual Tax Conference

No abstract provided.


Client Alert- Irs Issues Safe Harbor Guidance For Partnership Flip Structures In Wind Deals Nov 2007

Client Alert- Irs Issues Safe Harbor Guidance For Partnership Flip Structures In Wind Deals

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2006-2007, Craig D. Bell, William L.S. Rowe Nov 2007

Recent Tax Developments In Virginia: 2006-2007, Craig D. Bell, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Federal Income Taxation, Ira B. Shepard Nov 2007

Recent Developments In Federal Income Taxation, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.


Creative Structures For The Disposition Of Real Estate: Extracting Equity On A Tax-Free Basis, Blake D. Rubin, Andrea M. Whiteway, Jon G. Finkelstein Nov 2007

Creative Structures For The Disposition Of Real Estate: Extracting Equity On A Tax-Free Basis, Blake D. Rubin, Andrea M. Whiteway, Jon G. Finkelstein

William & Mary Annual Tax Conference

No abstract provided.


Creative Structures For The Disposition Of Real Estate (Slides) Nov 2007

Creative Structures For The Disposition Of Real Estate (Slides)

William & Mary Annual Tax Conference

No abstract provided.


Tax Planning For The Philanthropically Minded Business Owner, C. Wells Hall Iii Nov 2007

Tax Planning For The Philanthropically Minded Business Owner, C. Wells Hall Iii

William & Mary Annual Tax Conference

No abstract provided.


Navigating Uncharted Waters: The New Charitable Entity Legislation, Robert L. Thalhimer, Michele A. W. Mckinnon Nov 2007

Navigating Uncharted Waters: The New Charitable Entity Legislation, Robert L. Thalhimer, Michele A. W. Mckinnon

William & Mary Annual Tax Conference

No abstract provided.


Planning With Grantor Trusts, A. Christopher Sega, Mary Ann Mancini Nov 2007

Planning With Grantor Trusts, A. Christopher Sega, Mary Ann Mancini

William & Mary Annual Tax Conference

No abstract provided.


The Curious Complications With Back-End Opt-Out Rights, Rhonda Wasserman Nov 2007

The Curious Complications With Back-End Opt-Out Rights, Rhonda Wasserman

William & Mary Law Review

In recent years, class members have been afforded delayed, or "back-end," opportunities to opt out of a class action once the terms of the settlement are disclosed. These back-end opt-out rights may afford only limited rights to sue outside the confines of the class action. For example, opt-out plaintiffs may be permitted to seek compensatory, but not punitive damages. Does the federal court that approved the settlement have authority to enjoin back-end opt-out plaintiffs from seeking relief in state court that exceeds the limits built into the back-end opt-out right?

Three sets of curious complications may arise if the federal ...


The Price Of Misdemeanor Representation, Erica J. Hashimoto Nov 2007

The Price Of Misdemeanor Representation, Erica J. Hashimoto

William & Mary Law Review

Nobody disputes either the reality of excessive caseloads in indigent defense systems or their negative effects. More than forty years after Gideon v. Wainwright, however, few seem willing to accept that additional resources will not magically appear to solve the problem. Rather, concerned observers demand more funds while state and local legislators resist those entreaties in the face of political resistance and pressures to balance government budgets. Recognizing that indigent defense systems must operate in a world of limited resources, states should reduce the number of cases streaming into those systems by significantly curtailing the appointment of counsel in low-level ...