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2006

College of William & Mary Law School

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Articles 181 - 209 of 209

Full-Text Articles in Law

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.


Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson Jan 2006

Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson

Faculty Publications

These symposium remarks are a discussion of themes running through the Constitution, how the FMA, if adopted, might affect those themes, and why we ought to care. I first demonstrate that our Constitution is a thematic document, filled with broad, recognizable, and (mostly) coherent concepts. Separation of powers, representative democracy, federalism, individual liberty, and equality come readily to mind. I then explain that the thematic nature and the inter-coherence of these themes is critical in two ways: to identify those values held to be fundamental in our society, and to assist in the interpretation of the Constitution. The themes in ...


Principles Of U.S. Family Law, Vivian E. Hamilton Jan 2006

Principles Of U.S. Family Law, Vivian E. Hamilton

Faculty Publications

What explains U.S. family law? What are the origins of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family ...


Emergency Preparedness And Disability, Michael E. Waterstone, Michael Ashley Stein Jan 2006

Emergency Preparedness And Disability, Michael E. Waterstone, Michael Ashley Stein

Faculty Publications

No abstract provided.


Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone Jan 2006

Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone

Faculty Publications

Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely ...


Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs Jan 2006

Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs

Faculty Publications

International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of ...


Deferred Compensation Reform: Taxing The Fruit Of The Tree In Its Proper Season, Eric D. Chason Jan 2006

Deferred Compensation Reform: Taxing The Fruit Of The Tree In Its Proper Season, Eric D. Chason

Faculty Publications

Executive pensions (or deferred compensation) grabbed headlines after Enron's collapse and fresh concerns over ever-increasing executive pay. They also grabbed the attention of Congress, which reformed executive pensions legislatively in 2004 with § 409A of the Internal Revenue Code. Section 409A merely tightens and clarifies the doctrines that had already governed executive pensions, leaving the basic economics of executive pensions unchanged. Executives can still defer taxation on current compensation until actual payment is made in the future. Deferral still comes at the same price to the employer, namely the deferral of its deduction for the compensation expense. Thus, the timing ...


New Orleans, The Chesapeake, And The Future Of Environmental Assessment: Overcoming The Natural Resources Law Of Unintended Consequences, Erin Ryan Jan 2006

New Orleans, The Chesapeake, And The Future Of Environmental Assessment: Overcoming The Natural Resources Law Of Unintended Consequences, Erin Ryan

Faculty Publications

No abstract provided.


Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese Jan 2006

Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese

Faculty Publications

No abstract provided.


Coercion And Choice Under The Establishment Clause, Cynthia V. Ward Jan 2006

Coercion And Choice Under The Establishment Clause, Cynthia V. Ward

Faculty Publications

In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the ...


The Story Of Members Of The Law School Classes Of 1939-1940 Marshall-Wythe School Of Jurisprudence And Their Campus Friends, College Of William And Mary, Williamsburg, Virginia: How Their Organized Effort Saved The Law School, Harold M. Gouldman Jr. Jan 2006

The Story Of Members Of The Law School Classes Of 1939-1940 Marshall-Wythe School Of Jurisprudence And Their Campus Friends, College Of William And Mary, Williamsburg, Virginia: How Their Organized Effort Saved The Law School, Harold M. Gouldman Jr.

History of the Marshall-Wythe School of Law

Harold M. Gouldman, Jr., Class of 1940, provides a collection of materials related to the attempt to close the William & Mary School of Jurisprudence in June 1939.


Inducement As Contributory Copyright Infringement: Metro-Goldwyn-Mayer Studios Inc. V. Grokster, Ltd., Laura A. Heymann Jan 2006

Inducement As Contributory Copyright Infringement: Metro-Goldwyn-Mayer Studios Inc. V. Grokster, Ltd., Laura A. Heymann

Faculty Publications

No abstract provided.


At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnard Jan 2006

At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnard

Faculty Publications

No abstract provided.


The Administrative Judiciary's Independence Myth, James E. Moliterno Jan 2006

The Administrative Judiciary's Independence Myth, James E. Moliterno

Faculty Publications

No abstract provided.


The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus Jan 2006

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

Faculty Publications

No abstract provided.


Book Review Of Non-State Actors And Human Rights, Michael Ashley Stein Jan 2006

Book Review Of Non-State Actors And Human Rights, Michael Ashley Stein

Faculty Publications

No abstract provided.


Credit Markets, Exemptions, And Households With Nothing To Exempt, Richard M. Hynes Jan 2006

Credit Markets, Exemptions, And Households With Nothing To Exempt, Richard M. Hynes

Faculty Publications

American bankruptcy law has offered a "fresh start" in every state for over one hundred years. As a result, econometric studies of consumer bankruptcy often focus on one of the few aspects of the law that has varied significantly across time and across states: exemptions. Professors Gropp, Scholz and White published the first article to test the effect of exemptions on credit markets. Consistent with theory, they found that residents of states with larger exemptions pay higher interest rates than those in states with lower exemptions andface an increased probability that they will be denied credit. These effects were most ...


Class Warfare 1988-2005 Over Top Individual Income Tax Rates: Teeter-Totter From Soak-The-Rich To Robin-Hood-In-Reverse, John W. Lee Jan 2006

Class Warfare 1988-2005 Over Top Individual Income Tax Rates: Teeter-Totter From Soak-The-Rich To Robin-Hood-In-Reverse, John W. Lee

Faculty Publications

No abstract provided.


Reduce, Refine, Replace: The Failure Of The Three R’S And The Future Of Animal Experimentation, Darian M. Ibrahim Jan 2006

Reduce, Refine, Replace: The Failure Of The Three R’S And The Future Of Animal Experimentation, Darian M. Ibrahim

Faculty Publications

No abstract provided.


The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken Jan 2006

The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken

Faculty Publications

No abstract provided.