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2006

College of William & Mary Law School

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Articles 31 - 60 of 209

Full-Text Articles in Law

Executive Compensation Techniques For Closely-Held Businesses, Jeffrey R. Capwell Nov 2006

Executive Compensation Techniques For Closely-Held Businesses, Jeffrey R. Capwell

William & Mary Annual Tax Conference

No abstract provided.


Liquidating According To Capital Accounts: Gone With The Wind?, Brian J. O'Connor, Steven R. Schneider Nov 2006

Liquidating According To Capital Accounts: Gone With The Wind?, Brian J. O'Connor, Steven R. Schneider

William & Mary Annual Tax Conference

No abstract provided.


Partnership Tax Allocation Provisions, Brian J. O'Connor Nov 2006

Partnership Tax Allocation Provisions, Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


Property And Liability Transfers To Partnerships: Built-In Gain Or Loss, Boot, And Disguised Sales, Andrea M. Whiteway Nov 2006

Property And Liability Transfers To Partnerships: Built-In Gain Or Loss, Boot, And Disguised Sales, Andrea M. Whiteway

William & Mary Annual Tax Conference

No abstract provided.


Copyright And The Dead Sea Scrolls (Program), David Nimmer Nov 2006

Copyright And The Dead Sea Scrolls (Program), David Nimmer

Stanley H. Mervis Lecture

No abstract provided.


The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter Nov 2006

The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter

William & Mary Law Review

When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the existence of private "monopolies," in contrast to the general antimonopoly thrust of the antitrust laws. And yet, on occasion IP law itself condemns conduct on the part of IP owners-or excuses otherwise infringing activity on the part of IP defendants-expressly for the purpose of promoting competition. It does so even though antitrust law -if one were to apply it at all under analogous circumstances-would not find anticompetitive harm without conducting a more thorough analysis of whether the antitrust defendant possesses power over a well-defined market. Salient ...


Democratizing The Administrative State, Richard J. Pierce Jr. Nov 2006

Democratizing The Administrative State, Richard J. Pierce Jr.

William & Mary Law Review

Scholars have long questioned the political and constitutional legitimacy of the administrative state. By 1980, a majority of Supreme Court Justices seemed poised to hold that large portions of the administrative state are unconstitutional. In 1984, the Court retreated from that abyss and took a major step toward legitimating and democratizing the administrative state. It instructed lower courts to defer to any reasonable agency interpretation of an ambiguous agency-administered statute, basing this doctrine of deference on the superior political accountability of agencies. Henceforth, politically unaccountable judges were prohibited from substituting their policy preferences for those of politically accountable agencies. The ...


Not Just A Minimum Income Policy For Physicians: The Need For Good Faith And Fair Dealing In Physician Deselection Disputes, Stephen D. Coppolo Nov 2006

Not Just A Minimum Income Policy For Physicians: The Need For Good Faith And Fair Dealing In Physician Deselection Disputes, Stephen D. Coppolo

William & Mary Law Review

No abstract provided.


The News Media's Influence On Criminal Justice Policy: How Market-Driven News Promotes Punitiveness, Sara Sun Beale Nov 2006

The News Media's Influence On Criminal Justice Policy: How Market-Driven News Promotes Punitiveness, Sara Sun Beale

William & Mary Law Review

This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently ...


Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker Nov 2006

Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker

William & Mary Law Review

Does the First Amendment shield politically tinged corporate speech from the compelled disclosure and reporting requirements embedded in the U.S. securities laws? The question arises in the securities regulation context because of an impending jurisprudential train wreck between the Supreme Court's commercial speech doctrine and its approach to corporate political speech. As corporations begin mixing commercial messages with political commentary, First Amendment jurisprudence simply provides insufficient guidance on the role government should play in regulating that speech. Although First Amendment jurisprudence generally counsels against governmental restrictions on corporate political speech without regard to the truth or falsity of ...


Let The Jury Do The Waive: How Apprendi V. New Jersey Applies To Juvenile Transfer Proceedings, Daniel M. Vannella Nov 2006

Let The Jury Do The Waive: How Apprendi V. New Jersey Applies To Juvenile Transfer Proceedings, Daniel M. Vannella

William & Mary Law Review

No abstract provided.


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.


Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman Oct 2006

Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman

William & Mary Bill of Rights Journal

No abstract provided.


Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post Oct 2006

Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post

William & Mary Law Review

This Article offers a detailed analysis of major Taft Court decisions involving prohibition, including Olmstead v. United States, Carroll v. United States, United States v. Lanza, Lambert v. Yellowley, and Tumey v. Ohio. Prohibition, and the Eighteenth Amendment by which it was constitutionally entrenched, was the result of a social movement that fused progressive beliefs in efficiency with conservative beliefs in individual responsibility and self-control.

During the 1920s the Supreme Court was a strictly "bone-dry"institution that regularly sustained the administrative and law enforcement techniques deployed by the federal government in its losing effort to prevent the manufacture and sale ...


From Bricks To Pajamas: The Law And Economics Of Amateur Journalism, Larry E. Ribstein Oct 2006

From Bricks To Pajamas: The Law And Economics Of Amateur Journalism, Larry E. Ribstein

William & Mary Law Review

Weblogs have proliferated rapidly in recent years, attracting significant attention and generating important legal issues. Yet so far no coherent economic framework for addressing these issues exists. This Article begins to develop such a framework. It views blogs as the vanguard of what might be called "amateur journalism. " Because the Web and related technology have enabled low entry barriers, blogs can be an important source of specialized knowledge. However, bloggers do not work within a monitoring structure as in large news organizations, and individual blogs may be less accurate than conventional news sources. On the other hand, blogs as a ...


Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin Oct 2006

Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin

William & Mary Law Review

No abstract provided.


"So I Says To "The Guy,' I Says...": The Constitutionality Of Neutral Pronoun Redaction In Multidefendant Criminal Trials, Bryan M. Shay Oct 2006

"So I Says To "The Guy,' I Says...": The Constitutionality Of Neutral Pronoun Redaction In Multidefendant Criminal Trials, Bryan M. Shay

William & Mary Law Review

No abstract provided.


Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks Oct 2006

Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks

William & Mary Bill of Rights Journal

No abstract provided.


Silly Rabbit, Farm Subsidies Don't Help America, Thomas R. Poole Oct 2006

Silly Rabbit, Farm Subsidies Don't Help America, Thomas R. Poole

William & Mary Environmental Law and Policy Review

No abstract provided.


National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells Oct 2006

National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells

William & Mary Environmental Law and Policy Review

No abstract provided.


"Standard" And "Alternative" Environmental Protection: The Changing Role Of Environmental Agencies, George B. Wyeth Oct 2006

"Standard" And "Alternative" Environmental Protection: The Changing Role Of Environmental Agencies, George B. Wyeth

William & Mary Environmental Law and Policy Review

No abstract provided.


Changing Corporate Behavior Through Environmental Management Systems, David W. Case Oct 2006

Changing Corporate Behavior Through Environmental Management Systems, David W. Case

William & Mary Environmental Law and Policy Review

No abstract provided.


A New Direction For Shareholder Environmental Activism: The Aftermath Of Caremark, Geoffrey C. Rapp Oct 2006

A New Direction For Shareholder Environmental Activism: The Aftermath Of Caremark, Geoffrey C. Rapp

William & Mary Environmental Law and Policy Review

No abstract provided.


A Time To Act Anew: A Historical Perspective On The Energy Policy Act Of 2005 And The Changing Electrical Energy Market, Brad Sherman Oct 2006

A Time To Act Anew: A Historical Perspective On The Energy Policy Act Of 2005 And The Changing Electrical Energy Market, Brad Sherman

William & Mary Environmental Law and Policy Review

No abstract provided.


Introduction To The Symposium: Corporate Governance And Environmental Best Practices, Jayne W. Barnard Oct 2006

Introduction To The Symposium: Corporate Governance And Environmental Best Practices, Jayne W. Barnard

William & Mary Environmental Law and Policy Review

No abstract provided.