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2001

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William & Mary Law School

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Articles 31 - 60 of 76

Full-Text Articles in Law

Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2001

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

Supreme Court Preview

No abstract provided.


Section 3: Legacy Of Bush V. Gore, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2001

Section 3: Legacy Of Bush V. Gore, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 9: Looking Ahead: Upcoming Issues, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2001

Section 9: Looking Ahead: Upcoming Issues, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2001

Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Fourth Frontier: With No Clear Path Prepared, Court Takes On Two More Police Powers Cases, Kathryn R. Urbonya Sep 2001

The Fourth Frontier: With No Clear Path Prepared, Court Takes On Two More Police Powers Cases, Kathryn R. Urbonya

Popular Media

No abstract provided.


Playing The Game Of Life, John E. Donaldson Sep 2001

Playing The Game Of Life, John E. Donaldson

Popular Media

No abstract provided.


The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer Aug 2001

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.


When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud Jul 2001

When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud

Faculty Publications

No abstract provided.


Reflections On Market Reform In Post-War, Post-Embargo Vietnam, Lan Cao Jul 2001

Reflections On Market Reform In Post-War, Post-Embargo Vietnam, Lan Cao

Faculty Publications

No abstract provided.


Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone Jul 2001

Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone

Faculty Publications

No abstract provided.


Curbside Justice: Court Gives Police The Green Light To Arrest For Minor Infractions, Kathryn R. Urbonya Jun 2001

Curbside Justice: Court Gives Police The Green Light To Arrest For Minor Infractions, Kathryn R. Urbonya

Popular Media

No abstract provided.


History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades Apr 2001

History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades

Faculty Publications

No abstract provided.


Bankruptcy Reform: Does The End Justify The Means?, A. Mechele Dickerson Apr 2001

Bankruptcy Reform: Does The End Justify The Means?, A. Mechele Dickerson

Faculty Publications

No abstract provided.


War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein Apr 2001

War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein

Faculty Publications

No abstract provided.


Owner Friendly Documents Spell Trouble, David E. Boelzner Apr 2001

Owner Friendly Documents Spell Trouble, David E. Boelzner

Popular Media

No abstract provided.


When Can A State Be Sued?, William W. Van Alstyne Apr 2001

When Can A State Be Sued?, William W. Van Alstyne

Popular Media

In her Popular Government article “When You Can’t Sue the State: State
Sovereign Immunity” (Summer 2000), Anita R. Brown-Graham described
a series of recent decisions in which a sharply divided U.S. Supreme Court
barred individuals from suing states for money damages for certain violations
of federal law, such as laws prohibiting discrimination against employees
because of their age. In the response that follows, William Van Alstyne
argues that this barrier to relief is neither unduly imposing nor novel. The
debate over the significance of these decisions is likely to continue. In
February 2001, in another case decided by a five-to-four …


Court Administration As A Tool For Judicial Reform, Christie Warren Apr 2001

Court Administration As A Tool For Judicial Reform, Christie Warren

Faculty Publications

This paper focuses on court administration as a component of judicial branch reform in the United States and other countries.

Over the past fifty years, state and federal court systems in the United States have undergone a process of significant change. At the beginning of the twentieth century, courts were largely dependent upon the executive branch of government for administrative support and were for the most part externally dominated, disorganized, and poorly managed. By the end of the century, they had undergone a process of administrative innovation and improvement that changed the way they were managed. In other countries, judicial …


Diplomatic Adjudication, Nancy Amoury Combs Apr 2001

Diplomatic Adjudication, Nancy Amoury Combs

Faculty Publications

No abstract provided.


Experience And Legal Ethics Teaching, James E. Moliterno Apr 2001

Experience And Legal Ethics Teaching, James E. Moliterno

Faculty Publications

No abstract provided.


The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy Apr 2001

The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy

Faculty Publications

No abstract provided.


Don't Disintegrate Microsoft (Yet), Alan J. Meese Apr 2001

Don't Disintegrate Microsoft (Yet), Alan J. Meese

Faculty Publications

No abstract provided.


Professor Stephen H. Schulman, Peter J. Henning, Eric Kades Apr 2001

Professor Stephen H. Schulman, Peter J. Henning, Eric Kades

Faculty Publications

No abstract provided.


Public Trust & Distrust: Theoretical Implications Of The Public Trust Doctrine For Natural Resource Management, Erin Ryan Apr 2001

Public Trust & Distrust: Theoretical Implications Of The Public Trust Doctrine For Natural Resource Management, Erin Ryan

Faculty Publications

This Comment reviews the theoretical underpinnings of the public trust, a doctrine originating in Roman common law and now constitutionalized by many states, and explores its contentious reception by green legal theorists. Since Professor Joseph Sax's revival of the doctrine as a vehicle for environmental legal advocacy in the early 1970s, it has been haJled by many. as the most powerful tool available for protecting natural resource commons and attacked by others who argue that use of the property rights-based doctrine will reify an ownership approach to natural resources and obstruct the development of more stewardship-oriented legal theories of natural …


Determining Reasonableness Under The Fourth Amendment: Physical Force To Control And Punish Students, Kathryn R. Urbonya Apr 2001

Determining Reasonableness Under The Fourth Amendment: Physical Force To Control And Punish Students, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


America's First – William & Mary Law School, Megan Rhyne Apr 2001

America's First – William & Mary Law School, Megan Rhyne

History of William & Mary Law School

No abstract provided.


Forcing The Issue: Activist Veterinarian Seeks Rights For Arrestees As Well As Animals, Kathryn R. Urbonya Mar 2001

Forcing The Issue: Activist Veterinarian Seeks Rights For Arrestees As Well As Animals, Kathryn R. Urbonya

Popular Media

No abstract provided.


Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer Mar 2001

Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer

Faculty Publications

On April 3, 2000, U.S. District Judge Thomas Penfield Jackson declared that the Microsoft Corporation ("Microsoft") had maintained monopoly power in the personal computer operating system market by anticompetitive means, in violation of Section 2 of the Sherman Antitrust Act. A case of enormous significance, Microsoft raises difficult questions regarding how antitrust laws should be applied to information technology ("IT') companies. Specifically, many characteristics of what has come to be called the "New Economy" - and of the IT companies within it - suggest that traditional monopolization analysis may need modification. As the U.S. has moved toward an information- based …


Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese Jan 2001

Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese

Popular Media

No abstract provided.


Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason Jan 2001

Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason

Faculty Publications

Waivers affecting pension benefits may be entered into as part of a controversy (for example, a settlement agreement) or in isolation (for example, a disclaimer). Under current law, however, it is unclear how these waivers fit within the protections of ERISA, particularly the antialienation rule. Courts have generally honored settlement agreements so long as they are procedurally fair to participants. However, the antialienation rule looms in the background. The IRS and Treasury, in contrast, have focused on waivers outside the settlement context, prohibiting participants from making them but allowing beneficiaries to do so if the waiver satisfies gift-tax rules for …


Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle Jan 2001

Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle

Faculty Publications

No abstract provided.