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1999

William & Mary Law School

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Articles 31 - 60 of 157

Full-Text Articles in Law

Lost Fidelities, Barry Cushman Dec 1999

Lost Fidelities, Barry Cushman

William & Mary Law Review

No abstract provided.


Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer Dec 1999

Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer

Faculty Publications

In 1996, the Supreme Court, in BMW of North America, Inc. v. Gore, struck down a punitive damages award on the ground that it was "grossly excessive" in violation of the Due Process Clause of the Fourteenth Amendment . Since BMW, many courts have faced the challenge of applying its principles to determine whether punitive damages awards surpass the constitutional limit. Last June, in Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc., the Third Circuit faced this difficulty when it considered whether a $50 million punitive damages award, granted in conjunction with a $48 million compensatory damages award, was …


Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle Dec 1999

Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle

William & Mary Law Review

No abstract provided.


America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson Nov 1999

America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson

Faculty Publications

No abstract provided.


Legal Protection Of Design Work, David E. Boelzner Oct 1999

Legal Protection Of Design Work, David E. Boelzner

Popular Media

No abstract provided.


Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan Oct 1999

Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Some Unconventional Thoughts On Sprawl, Mark Fina, Leonard Shabman Oct 1999

Some Unconventional Thoughts On Sprawl, Mark Fina, Leonard Shabman

William & Mary Environmental Law and Policy Review

No abstract provided.


Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle Oct 1999

Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle

William & Mary Environmental Law and Policy Review

No abstract provided.


Un-Neighborly Conduct: Why Can't Virginia Beach And North Carolina Be Friends?, Paul Schmidt Oct 1999

Un-Neighborly Conduct: Why Can't Virginia Beach And North Carolina Be Friends?, Paul Schmidt

William & Mary Environmental Law and Policy Review

No abstract provided.


Reinventing Growth Management For The 21st Century, Douglas R. Porter Oct 1999

Reinventing Growth Management For The 21st Century, Douglas R. Porter

William & Mary Environmental Law and Policy Review

No abstract provided.


Managing Space To Manage Growth, Daniel R. Mandelker Oct 1999

Managing Space To Manage Growth, Daniel R. Mandelker

William & Mary Environmental Law and Policy Review

No abstract provided.


"Hybrid" Farmland Protection Programs: A New Paradigm For Growth Management, Edward Thompson Jr Oct 1999

"Hybrid" Farmland Protection Programs: A New Paradigm For Growth Management, Edward Thompson Jr

William & Mary Environmental Law and Policy Review

No abstract provided.


Tea-21: Paving Over Efforts To Stem Urban Sprawl And Reduce America's Dependence On The Automobile, Liam A. Mccann Oct 1999

Tea-21: Paving Over Efforts To Stem Urban Sprawl And Reduce America's Dependence On The Automobile, Liam A. Mccann

William & Mary Environmental Law and Policy Review

No abstract provided.


Teaching The Retrenchment Generation: When Sapphire Meets Socrates At The Intersection Of Race, Gender, And Authority, Pamela J. Smith Oct 1999

Teaching The Retrenchment Generation: When Sapphire Meets Socrates At The Intersection Of Race, Gender, And Authority, Pamela J. Smith

William & Mary Journal of Race, Gender, and Social Justice

This Article is about perceptions and the negative sociological factors that feed these perceptions as Black women attempt to teach the Retrenchment Generation. For purposes of this Article, the Retrenchment Generation is not limited to any particular age group or period of time. Rather, the Retrenchment Generation refers to a state of mind that makes race-based, sex-based, and race/sex-based microaggressions acceptable and in fact normal. The Retrenchment Generation is defined by the synergism that is created by racial isolation, particularly in the educational arena, retrenchment fervor, and the presumption of incompetence that inflexibly presumes that all professional Black women are …


Admitting Expert Testimony On Battered Woman Syndrome In Virginia Courts: How Peeples Changed Virginia Self-Defense Law, Marybeth H. Lenkevich Oct 1999

Admitting Expert Testimony On Battered Woman Syndrome In Virginia Courts: How Peeples Changed Virginia Self-Defense Law, Marybeth H. Lenkevich

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Tragic And Chaotic Aftermath Of A Baby Switch: Should Policy And Common Law, Blood Ties, Or Psychological Bonds Prevail, Cynthia R. Mabry Oct 1999

The Tragic And Chaotic Aftermath Of A Baby Switch: Should Policy And Common Law, Blood Ties, Or Psychological Bonds Prevail, Cynthia R. Mabry

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Unique Mental Health Needs Of Hiv-Infected Women Inmates: What Services Are Required Under The Constitution And The Americans With Disabilities Act?, Connie M. Mayer Oct 1999

Unique Mental Health Needs Of Hiv-Infected Women Inmates: What Services Are Required Under The Constitution And The Americans With Disabilities Act?, Connie M. Mayer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Delaware's Capital Jury Selection: Inadequate Voir Dire And The Problem Of Automatic Death Penalty Jurors, Adam M. Gershowitz Oct 1999

Delaware's Capital Jury Selection: Inadequate Voir Dire And The Problem Of Automatic Death Penalty Jurors, Adam M. Gershowitz

Faculty Publications

No abstract provided.


Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer Oct 1999

Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer

Faculty Publications

No abstract provided.


Regulation Of Franchisor Opportunism And Production Of The Institutional Framework: Federal Monopoly Or Competition Between The States?, Alan J. Meese Oct 1999

Regulation Of Franchisor Opportunism And Production Of The Institutional Framework: Federal Monopoly Or Competition Between The States?, Alan J. Meese

Faculty Publications

Most scholars would agree that a merger between General Motors and Ford should not be judged solely by Delaware corporate law, even if both firms are incorporated in Delaware. Leaving the standards governing such mergers to state law would assuredly produce a race to the bottom that would result in unduly permissive treatment of such transactions. Similarly, if the two firms agreed to divide markets, most would agree that some regulatory authority other than Michigan or Delaware should have the final word on the agreement. Thus, in order to forestall monopoly or its equivalent, the national government must itself exercise …


Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata Oct 1999

Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Faculty Publications

The United States Supreme Court Answered "YES" to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy's opinion vitalized the "legitimate state interests" test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The …


Unreviewability In State Administrative Law, Charles H. Koch Jr. Oct 1999

Unreviewability In State Administrative Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Section 10: Justice Blackmun, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1999

Section 10: Justice Blackmun, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1999

Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 3: Business And Commerce, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1999

Section 3: Business And Commerce, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1999

Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 8: Upcoming Issues Before The Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1999

Section 8: Upcoming Issues Before The Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 4: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1999

Section 4: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 11: Toni House, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1999

Section 11: Toni House, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 2: The Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1999

Section 2: The Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.