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Articles 1 - 30 of 124
Full-Text Articles in Law
Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle
Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle
William & Mary Law Review
No abstract provided.
In Name Only: How Major League Baseball's Reliance On Its Antitrust Exemption Is Hurting The Game, Samuel G. Mann
In Name Only: How Major League Baseball's Reliance On Its Antitrust Exemption Is Hurting The Game, Samuel G. Mann
William & Mary Law Review
No abstract provided.
The Litigation Finance Contract, Maya Steinitz
The Litigation Finance Contract, Maya Steinitz
William & Mary Law Review
Litigation funding—for-profit, nonrecourse funding of a litigation by a nonparty—is a new and rapidly developing industry. It has been described as one of the “biggest and most influential trends in civil justice” today by RAND, the New York Times, and others. Despite the importance and growth of the industry, there is a complete absence of information about or discussion of litigation finance contracting, even though all the promises and pitfalls of litigation funding stem from the relationships those contracts establish and organize. Further, the literature and case law pertaining to litigation funding have evolved from an analogy between litigation funding …
The Role Of Aspiration In Corporate Fiduciary Duties, Julian Velasco
The Role Of Aspiration In Corporate Fiduciary Duties, Julian Velasco
William & Mary Law Review
Corporate law is characterized by a pervasive divergence between standards of conduct and standards of review. Courts often opine on the relatively demanding standard of conduct, but their judgments must be based on the more forgiving standard of review. Commentators defend this state of affairs by insisting that it provides guidance to directors without imposing ruinous liability. However, the dichotomy can lead many, especially those who focus on the bottom line, to call into question the meaningfulness of standards of conduct. Of particular concern is the increasing popularity, in legal and scholarly circles, of the notion that fiduciary duty standards …
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
William & Mary Law Review
Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted, and what conditions must be met for representatives to make valid law. Many of the “rules of the road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against partisan gerrymandering—which is partly responsible for the fact that most congressional districts are no longer party competitive, but instead are either safely Republican or safely Democratic—and against onerous …
Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf
Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf
William & Mary Law Review
No abstract provided.
Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström
Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín
Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
"Actual Results May Vary": Toward Fiercer National Regulation Of Digitally Manipulated Cosmetics Advertisements, Jason Rea
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Do You Hear What I Hear?: The Right Of Prospective Parents To Use Pgd To Intentionally Implant An Embryo Containing The Gene For Deafness, Sarah Aviles
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Transformation Of Immigration Federalism, Jennifer M. Chacón
The Transformation Of Immigration Federalism, Jennifer M. Chacón
William & Mary Bill of Rights Journal
No abstract provided.
Workplace Enforcement Workarounds, Stephen Lee
Workplace Enforcement Workarounds, Stephen Lee
William & Mary Bill of Rights Journal
No abstract provided.
Dealing With The Past In A Post-Conflict Society: Does The Participation Of Women Matter? Insights From Northern Ireland, Catherine O'Rourke
Dealing With The Past In A Post-Conflict Society: Does The Participation Of Women Matter? Insights From Northern Ireland, Catherine O'Rourke
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen
Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas
Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas
William & Mary Bill of Rights Journal
No abstract provided.
Guns And Membership In The American Polity, Pratheepan Gulasekaram
Guns And Membership In The American Polity, Pratheepan Gulasekaram
William & Mary Bill of Rights Journal
No abstract provided.
"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom
"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: Noncitizen Participation In The American Polity, Angela M. Banks
Introduction: Noncitizen Participation In The American Polity, Angela M. Banks
William & Mary Bill of Rights Journal
No abstract provided.
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
William & Mary Bill of Rights Journal
No abstract provided.
Immigration And Civil Rights: Is The "New" Birmingham The Same As The "Old" Birmingham, Kevin R. Johnson
Immigration And Civil Rights: Is The "New" Birmingham The Same As The "Old" Birmingham, Kevin R. Johnson
William & Mary Bill of Rights Journal
No abstract provided.
Urban Politics And The Assimilation Of Immigrant Voters, Rick Su
Urban Politics And The Assimilation Of Immigrant Voters, Rick Su
William & Mary Bill of Rights Journal
No abstract provided.
A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert
A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert
William & Mary Environmental Law and Policy Review
No abstract provided.
Naturalness And Biodoversity: Why Natural Conditions Should Be Maintained Within Protected Areas, Gordon Steinhoff
Naturalness And Biodoversity: Why Natural Conditions Should Be Maintained Within Protected Areas, Gordon Steinhoff
William & Mary Environmental Law and Policy Review
No abstract provided.
Virginia's Moratorium: Is Uranium Mining On The Horizon In The Commonwealth?, William Brice Fiske
Virginia's Moratorium: Is Uranium Mining On The Horizon In The Commonwealth?, William Brice Fiske
William & Mary Environmental Law and Policy Review
No abstract provided.
Red, White, And Green: A Federal Sustainability Vision For The National Capital, L. Preston Bryant Jr.
Red, White, And Green: A Federal Sustainability Vision For The National Capital, L. Preston Bryant Jr.
William & Mary Environmental Law and Policy Review
No abstract provided.
Monsanto V. Geertson Farms: Congressional Intent, Judicial Infidelity, And The National Environmental Policy Act, Alexander Macdonald
Monsanto V. Geertson Farms: Congressional Intent, Judicial Infidelity, And The National Environmental Policy Act, Alexander Macdonald
William & Mary Environmental Law and Policy Review
No abstract provided.
The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi
The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi
William & Mary Environmental Law and Policy Review
Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …
The Tsunami Of March 2011 And The Subsequent Nuclear Incident At Fukushima: Who Compensates The Victims, Michael Faure, Jing Liu
The Tsunami Of March 2011 And The Subsequent Nuclear Incident At Fukushima: Who Compensates The Victims, Michael Faure, Jing Liu
William & Mary Environmental Law and Policy Review
No abstract provided.
Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon, William Pentland
Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon, William Pentland
William & Mary Environmental Law and Policy Review
No abstract provided.