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2006

College of William & Mary Law School

Faculty Publications

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Articles 1 - 30 of 48

Full-Text Articles in Law

The New Line Item Veto Proposal: This Time It’S Constitutional (Mostly), Aaron-Andrew P. Bruhl Oct 2006

The New Line Item Veto Proposal: This Time It’S Constitutional (Mostly), Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.


Fiduciary Foundations Of Administrative Law, Evan J. Criddle Oct 2006

Fiduciary Foundations Of Administrative Law, Evan J. Criddle

Faculty Publications

An enduring challenge for administrative law is the tension between the ideal of democratic policymaking and the ubiquity of bureaucratic discretion. This Article seeks to reframe the problem of agency discretion by outlining an interpretivist model of administrative law based on the concept of fiduciary obligation in private legal relations such as agency, trust, and corporation. Administrative law, like private fiduciary law, increasingly relies upon a tripartite framework of entrustment, residual control, and fiduciary duty to demarcate a domain of bounded agency discretion. To minimize the risk that agencies will abuse their entrusted discretion through opportunism or carelessness, administrative law ...


Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan Oct 2006

Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan

Faculty Publications

No abstract provided.


Playing Cowboys And Indians, B. Glenn George Oct 2006

Playing Cowboys And Indians, B. Glenn George

Faculty Publications

No abstract provided.


Fcc V. Wncn Listeners Guild: An Old-Fashioned Remedy For What Ails Current Judicial Review Law, Charles H. Koch Jr. Oct 2006

Fcc V. Wncn Listeners Guild: An Old-Fashioned Remedy For What Ails Current Judicial Review Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Multiracial Identity And Affirmative Action, Nancy Leong Oct 2006

Multiracial Identity And Affirmative Action, Nancy Leong

Faculty Publications

No abstract provided.


Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone Jul 2006

Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone

Faculty Publications

No abstract provided.


Response - Jay Katz: From Harms To Risks, Larry I. Palmer Jul 2006

Response - Jay Katz: From Harms To Risks, Larry I. Palmer

Faculty Publications

No abstract provided.


It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus Jul 2006

It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus

Faculty Publications

No abstract provided.


Tom Delay: Popular Constitutionalist?, Neal Devins Jul 2006

Tom Delay: Popular Constitutionalist?, Neal Devins

Faculty Publications

No abstract provided.


An Inestimable Safeguard Gives Way To Practicality: Eliminating The Juror Who ""Refuses To Deliberate" Under Federal Rule Of Criminal Procedure 23(B)(3), Jeffrey Bellin Apr 2006

An Inestimable Safeguard Gives Way To Practicality: Eliminating The Juror Who ""Refuses To Deliberate" Under Federal Rule Of Criminal Procedure 23(B)(3), Jeffrey Bellin

Faculty Publications

No abstract provided.


Property, Place, And Public Discourse, Timothy Zick Apr 2006

Property, Place, And Public Discourse, Timothy Zick

Faculty Publications

No abstract provided.


Building The Emotionally Learned Negotiator, Erin Ryan Apr 2006

Building The Emotionally Learned Negotiator, Erin Ryan

Faculty Publications

No abstract provided.


The Focus Factor, B. Glenn George Apr 2006

The Focus Factor, B. Glenn George

Faculty Publications

No abstract provided.


Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein Apr 2006

Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein

Faculty Publications

No abstract provided.


What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone Apr 2006

What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone

Faculty Publications

No abstract provided.


Subclassing, Scott Dodson Mar 2006

Subclassing, Scott Dodson

Faculty Publications

This Article is the first to take a hard look at Federal Rule of Civil Procedure 23(c)(4)(B), an oft-slighted part of the class action scheme that permits a court to create subclasses "when appropriate." Despite its tautologically unhelpful text, no other court or commentator has undertaken a comprehensive analysis of this provision. The time to do so is certainly now. As class actions grow bigger, plaintiffs seek new ways to meet Rule 23 "s certification requirements. Just in the last few years, plaintiffs have turned to subclassing's sister provision, Rule 23(c)(4)(A), which has ...


Bob Jones University V. United States 461 U.S. 574 (1983), Neal Devins Jan 2006

Bob Jones University V. United States 461 U.S. 574 (1983), Neal Devins

Faculty Publications

No abstract provided.


The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus Jan 2006

The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus

Faculty Publications

No abstract provided.


The Anticruelty Statute: A Study In Animal Welfare, Darian M. Ibrahim Jan 2006

The Anticruelty Statute: A Study In Animal Welfare, Darian M. Ibrahim

Faculty Publications

No abstract provided.


Space, Place, And Speech: The Expressive Topography, Timothy Zick Jan 2006

Space, Place, And Speech: The Expressive Topography, Timothy Zick

Faculty Publications

No abstract provided.


Speech And Spatial Tactics, Timothy Zick Jan 2006

Speech And Spatial Tactics, Timothy Zick

Faculty Publications

No abstract provided.


Punishing Children In The Criminal Law, Cynthia V. Ward Jan 2006

Punishing Children In The Criminal Law, Cynthia V. Ward

Faculty Publications

No abstract provided.


Book Review Of Bodies Of Difference: Experiences Of Disability And Institutional Advocacy In The Making Of Modern China, Michael Ashley Stein, Penelope J. S. Stein Jan 2006

Book Review Of Bodies Of Difference: Experiences Of Disability And Institutional Advocacy In The Making Of Modern China, Michael Ashley Stein, Penelope J. S. Stein

Faculty Publications

No abstract provided.


Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman Jan 2006

Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman

Faculty Publications

No abstract provided.


Bankruptcy And State Collections: The Case Of The Missing Garnishments, Richard M. Hynes Jan 2006

Bankruptcy And State Collections: The Case Of The Missing Garnishments, Richard M. Hynes

Faculty Publications

Recent bankruptcy reforms were spurred in part by a bankruptcy filing rate that has more than doubled in the last ten years and that has risen by approximately six hundred percent over the last generation. Some attribute this surge in filings to Americans' greater willingness to avoid debts by declaring bankruptcy. Most academics, however, argue that more Americans are forced into bankruptcy by crushing debt burdens and aggressive collections techniques. Surprisingly, the literature has largely ignored data on the use of these collections techniques. This Article examines the use of one of the most important collections tools, garnishment, in two ...


The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg Jan 2006

The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


Law Review Article Placement: Benefit Or Beauty Prize?, Dennis J. Callahan, Neal Devins Jan 2006

Law Review Article Placement: Benefit Or Beauty Prize?, Dennis J. Callahan, Neal Devins

Faculty Publications

No abstract provided.


Should The Supreme Court Fear Congress?, Neal Devins Jan 2006

Should The Supreme Court Fear Congress?, Neal Devins

Faculty Publications

No abstract provided.


Smoke, Not Fire, Neal Devins Jan 2006

Smoke, Not Fire, Neal Devins

Faculty Publications

No abstract provided.