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2003

William & Mary Law School

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Articles 1 - 30 of 165

Full-Text Articles in Law

Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin Dec 2003

Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin

William & Mary Bill of Rights Journal

The U.S. government maintains a vast amount of personally-identifiable information on millions of American citizens. Much of this information is contained in electronic databases maintained by federal agencies. Various Freedom of Information Act (FOIA) requesters, such as journalists, marketers, and union organizers seek this information for different purposes including investigative reporting and targeted solicitations. These kinds of uses are known as "derivative uses" because this government-compiled information is requested for purposes other than the official purposes for which the information was originally gathered. These and other derivative uses of personally-identifiable information often implicate privacy concerns. Conversely, restrictions on public ...


United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack Dec 2003

United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack

William & Mary Bill of Rights Journal

The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.


Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin Dec 2003

Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin

William & Mary Law Review

No abstract provided.


Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick Dec 2003

Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick

Faculty Publications

The absence of neutrality and objectivity in constitutional decision-making has vexed scholars and courts. In this Article, the author describes and analyzes "constitutional empiricism," a trend instituted by the Rehnquist Court, which is characterized by judicial reliance in constitutional review on empirical and scientific conventions and processes. Courts have generally relied upon traditional sources, such as text and history, to interpret consititutional powers and rights. In its search for neutrality and objectivity, however, the Court has recently turned not only to social science and other data, which are fast becoming common sources of interpretation, but also to the precepts and ...


Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley Dec 2003

Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley

William & Mary Law Review

This Article explores the U.S. "patent first, ask questions later" approach to determining what subject matter should receive patent protection. Under this approach, the US. Patent and Trademark Office (USPTO or the Agency) issues patents on "anything under the sun made by man," and to the extent a patent's subject matter is sufficiently controversial, Congress acts retrospectively in assessing whether patents should issue on such inventions. This practice has important ramifications for morally controversial biotechnology patents specifically, and for American society generally. For many years ajudicially created "moral utility" doctrine served as a type of gatekeeper of patent ...


"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal Dec 2003

"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal

William & Mary Law Review

No abstract provided.


The Political Economy Of International Antitrust Harmonization, John O. Mcginnis Dec 2003

The Political Economy Of International Antitrust Harmonization, John O. Mcginnis

William & Mary Law Review

No abstract provided.


Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer Dec 2003

Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer

William & Mary Bill of Rights Journal

Why do the people and institutions of democratic states, and in particular those of the United States, obey judges ? This article examines the foundations of judicial authority in the United States. This authority is grounded on principles of dominance derived from the organization of institutional religion. The judge in Western states asserts authority on the same basis as the priest - but not the priest as conventionally understood. Rather, the authority of the judge in modern Western democratic states is better understood when viewed through the analytical lens of priestly function developed in the philosophy of Friedrich Nietzsche. Focusing on the ...


The Purpose Of Lawyer Discipline, Fred C. Zacharias Dec 2003

The Purpose Of Lawyer Discipline, Fred C. Zacharias

William & Mary Law Review

No abstract provided.


Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor Dec 2003

Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor

William & Mary Law Review

No abstract provided.


The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn Dec 2003

The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn

William & Mary Bill of Rights Journal

No abstract provided.


Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser Dec 2003

Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser

William & Mary Bill of Rights Journal

No abstract provided.


Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf Dec 2003

Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf

William & Mary Bill of Rights Journal

The juvenile justice system has become increasingly punitive in recent decades. While the juvenile justice system has come to resemble the adult system in this way, juveniles facing adjudication nevertheless are denied the essential Sixth Amendment due process right. This Note will argue that the Louisiana Supreme Court decided State ex rel. D.J. incorrectly and, further, will demonstrate that the nation as a whole should revisit the place of juries in juvenile proceedings.


What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson Dec 2003

What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson

William & Mary Bill of Rights Journal

Due to the ease of Internet searching, Congress has passed the Child Online Protection Act to protect children from sexually explicit material. Although the Supreme Court has not directly decided the issue, it has hinted that the Act may survive a First Amendment challenge. In this Note, the author argues reasons why the Act should not survive a First Amendment challenge, and that measures such as parental empowerment via government-facilitated use of Internet filtering software are preferable


Using Charitable Contribution Planning Opportunities With Family Business Succession Planning, J. William Gray Jr. Nov 2003

Using Charitable Contribution Planning Opportunities With Family Business Succession Planning, J. William Gray Jr.

William & Mary Annual Tax Conference

No abstract provided.


International Valuation Guidance Note No. 6 Nov 2003

International Valuation Guidance Note No. 6

William & Mary Annual Tax Conference

No abstract provided.


Practical Issues When Appraising Privately Held Business, Robert F. Mizell, Craig G. Bell Nov 2003

Practical Issues When Appraising Privately Held Business, Robert F. Mizell, Craig G. Bell

William & Mary Annual Tax Conference

No abstract provided.


Estate Planning Topics, W. Birch Douglass Iii, Dee Ann Remo, Michael L. Layman Nov 2003

Estate Planning Topics, W. Birch Douglass Iii, Dee Ann Remo, Michael L. Layman

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Federal Income Taxation, Ira B. Shepard, Mary Ann Cohen Nov 2003

Recent Developments In Federal Income Taxation, Ira B. Shepard, Mary Ann Cohen

William & Mary Annual Tax Conference

No abstract provided.


Income, Gift And Estate Tax Smart Ways To Save For College: Section 529 Plans, Esas & More, James W.C. Canup, Diana F. Cantor Nov 2003

Income, Gift And Estate Tax Smart Ways To Save For College: Section 529 Plans, Esas & More, James W.C. Canup, Diana F. Cantor

William & Mary Annual Tax Conference

No abstract provided.


The Like Kind Exchange: A Current Review, Stefan F. Tucker Nov 2003

The Like Kind Exchange: A Current Review, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments Affecting Real Estate And Pass-Through Entities, Stefan F. Tucker, Jeffrey S. Clark Nov 2003

Recent Developments Affecting Real Estate And Pass-Through Entities, Stefan F. Tucker, Jeffrey S. Clark

William & Mary Annual Tax Conference

No abstract provided.


The Impact Of The 2003 Tax Act On Privately Held Business, Samuel P. Starr Nov 2003

The Impact Of The 2003 Tax Act On Privately Held Business, Samuel P. Starr

William & Mary Annual Tax Conference

No abstract provided.


Abandoned And Unclaimed Property: The New Virginia Statute, Robert G. Mcelroy Nov 2003

Abandoned And Unclaimed Property: The New Virginia Statute, Robert G. Mcelroy

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2002-2003, William L.S. Rowe Nov 2003

Recent Tax Developments In Virginia: 2002-2003, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Analyzing The Noncompensatory Partnership Option Proposed Regulations, Dennis A. Diersen Nov 2003

Analyzing The Noncompensatory Partnership Option Proposed Regulations, Dennis A. Diersen

William & Mary Annual Tax Conference

No abstract provided.


Use Of Limited Liability Entities In Tax Strategies And Techniques For Business Acquisitions And Dispositions, Thomas P. Rohman Nov 2003

Use Of Limited Liability Entities In Tax Strategies And Techniques For Business Acquisitions And Dispositions, Thomas P. Rohman

William & Mary Annual Tax Conference

No abstract provided.


Selected Buyer And Seller Issues When Contemplating M&A Transactions In An Uncertain Economy, Thomas R. Frantz Nov 2003

Selected Buyer And Seller Issues When Contemplating M&A Transactions In An Uncertain Economy, Thomas R. Frantz

William & Mary Annual Tax Conference

No abstract provided.


Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners Oct 2003

Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners

William & Mary Environmental Law and Policy Review

No abstract provided.


"Lady Madonna, Children At Your Feet": Tragedies At The Intersection Of Motherhood, Mental Illness And The Law, Michelle Oberman Oct 2003

"Lady Madonna, Children At Your Feet": Tragedies At The Intersection Of Motherhood, Mental Illness And The Law, Michelle Oberman

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

No abstract provided.