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Articles 1 - 25 of 25
Full-Text Articles in Law
Paternalism, Tolerance, And Acceptance: Modeling The Evolution Of Equal Protection In The Constitutional Canon, John Tehranian
Paternalism, Tolerance, And Acceptance: Modeling The Evolution Of Equal Protection In The Constitutional Canon, John Tehranian
William & Mary Law Review
This Article proposes a legal taxonomy through which we can model changes in interpretations and applications of antidiscrimination principles to best understand the evolution of equal protection doctrine. The goal for doing so is two-fold. First, through a careful exegesis of a wide range of equal protection cases from the past hundred and fifty years, the analysis provides a positive theory to chart how respect for minority rights can progress within a given doctrinal space. Second, the analysis provides an unabashedly normative assessment of how closely a given legal regime comes to accepting and celebrating the inherent dignitary interests of …
The Morality Of Fiduciary Law, Paul B. Miller
The Morality Of Fiduciary Law, Paul B. Miller
William & Mary Law Review
Recent work of fiduciary theory has provided conceptual synthesis requisite to understanding core fiduciary principles and the structure of fiduciary liability. However, normative questions have received only sporadic attention. What values animate fiduciary law? How does, or should, fiduciary law prove responsive to them?
While in other areas of private law theory—notably, tort theory— pioneering scholars went directly at normative questions like these, fiduciary theory has been exceptional in the reticence shown toward them. The reticence is sensible. Fiduciary principles are the product of equity’s most extended and convoluted program of supplementing surrounding law. They span several distinct forms of …
Challenging Congress's Single-Member District Mandate For U.S. House Elections On Political Association Grounds, Austin Plier
Challenging Congress's Single-Member District Mandate For U.S. House Elections On Political Association Grounds, Austin Plier
William & Mary Law Review
No abstract provided.
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
William & Mary Law Review
Injustice in criminal cases often takes root before trial begins. Overworked criminal judges must resolve difficult pretrial evidentiary issues that determine the charges the State will take to trial and the range of sentences the defendant will face. Wrong decisions on these issues often lead to wrongful convictions. As behavioral law and economic theory suggests, judges who are cognitively busy and receive little feedback on these topics from appellate courts rely upon intuition, rather than deliberative reasoning, to resolve these questions. This leads to inconsistent rulings, which prosecutors exploit to expand the scope of evidentiary exceptions that almost always disfavor …
Community Versus Market Values Of Life, Robert Cooter, David Depianto
Community Versus Market Values Of Life, Robert Cooter, David Depianto
William & Mary Law Review
Individuals and communities make choices affecting the risk of accidental death. Individuals balance risk and cost in market choices, for example, by purchasing costly safety products or taking a dangerous job for higher pay. Communities balance risk and cost through social norms of precaution, which prescribe how much risk people may impose on others and on themselves. For example, social norms dictate that bicyclists should wear helmets and automobile passengers should wear seat belts. In both cases, the balance between the fatality risk and the cost of reducing it reveals an implicit value of a statistical life, or VSL an …
The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha
The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha
William & Mary Law Review
No abstract provided.
When Should Bankruptcy Be An Option (For People, Places, Or Things)?, David A. Skeel Jr.
When Should Bankruptcy Be An Option (For People, Places, Or Things)?, David A. Skeel Jr.
William & Mary Law Review
When many people think about bankruptcy, they have a simple left-to-right spectrum of possibilities in mind. The spectrum starts with personal bankruptcy, moves next to corporations and other businesses, and then to municipalities, states, and finally countries. We assume that bankruptcy makes the most sense for individuals; that it makes a great deal of sense for corporations; that it is plausible but a little more suspect for cities; that it would be quite odd for states; and that bankruptcy is unimaginable for a country.
In this Article, I argue that the left-to-right spectrum is sensible but mistaken. After defining “bankruptcy,” …
Legal Realism As Theory Of Law, Michael S. Green
Legal Realism As Theory Of Law, Michael S. Green
William & Mary Law Review
No abstract provided.
Ties In The Supreme Court Of The United States, Edward A. Hartnett
Ties In The Supreme Court Of The United States, Edward A. Hartnett
William & Mary Law Review
No abstract provided.
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
William & Mary Law Review
No abstract provided.
Normativity And Objectivity In Law, Dennis Patterson
Normativity And Objectivity In Law, Dennis Patterson
William & Mary Law Review
No abstract provided.
Forensic Constitutional Interpretation, Brian F. Havel
Forensic Constitutional Interpretation, Brian F. Havel
William & Mary Law Review
No abstract provided.
The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla
The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla
William & Mary Law Review
No abstract provided.
Love And Obligation: Family Law And The Romance Of Economics, Ann Laquer Estin
Love And Obligation: Family Law And The Romance Of Economics, Ann Laquer Estin
William & Mary Law Review
No abstract provided.
The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert L. Birmingham
The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert L. Birmingham
William & Mary Law Review
No abstract provided.
The Morality Of Strict Tort Liability, Jules L. Coleman
The Morality Of Strict Tort Liability, Jules L. Coleman
William & Mary Law Review
No abstract provided.
Further Steps Toward A General Theory Of Freedom Of Expression, Alan E. Fuchs
Further Steps Toward A General Theory Of Freedom Of Expression, Alan E. Fuchs
William & Mary Law Review
No abstract provided.
Justice In Compensation, James W. Nickel
Justice In Compensation, James W. Nickel
William & Mary Law Review
No abstract provided.
Agreement, Mistake, And Objectivity In The Bargain Theory Of Conflict, Richard Bronaugh
Agreement, Mistake, And Objectivity In The Bargain Theory Of Conflict, Richard Bronaugh
William & Mary Law Review
No abstract provided.
Justice And Legal Reasoning, William T. Blackstone
Justice And Legal Reasoning, William T. Blackstone
William & Mary Law Review
No abstract provided.
The Normative Theory Of Law, George E. Glos
The Normative Theory Of Law, George E. Glos
William & Mary Law Review
No abstract provided.
The Impact Of Crowd Psychology Upon International Law, Harold D. Lasswell
The Impact Of Crowd Psychology Upon International Law, Harold D. Lasswell
William & Mary Law Review
No abstract provided.
Poverty And Legalty: The Law's Slow Awakening, Walter Gellhorn
Poverty And Legalty: The Law's Slow Awakening, Walter Gellhorn
William & Mary Law Review
No abstract provided.
Book Review Of Law And Psychiatry, James P. Whyte Jr.
Book Review Of Law And Psychiatry, James P. Whyte Jr.
William & Mary Law Review
No abstract provided.
Legal Philosophy - Recent Contributions, Neil W. Schilke
Legal Philosophy - Recent Contributions, Neil W. Schilke
William & Mary Law Review
No abstract provided.