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William & Mary Law School

Faculty Publications

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1983

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Articles 1 - 27 of 27

Full-Text Articles in Law

The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne Dec 1983

The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne

Faculty Publications

No abstract provided.


Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer Oct 1983

Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer

Faculty Publications

No abstract provided.


Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces Oct 1983

Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces

Faculty Publications

No abstract provided.


The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus Oct 1983

The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus

Faculty Publications

No abstract provided.


State Regulation Of Christian Schools, Neal Devins Jul 1983

State Regulation Of Christian Schools, Neal Devins

Faculty Publications

No abstract provided.


The Subchapter S Revision Act: An Analysis And Appraisal, Glenn E. Coven Jul 1983

The Subchapter S Revision Act: An Analysis And Appraisal, Glenn E. Coven

Faculty Publications

No abstract provided.


Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne Apr 1983

Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne

Faculty Publications

This paper examines several different theories surrounding judicial review and finds many of these theories lacking. Modern trends of literal interpretations and precise language have removed the optimistic nature of Constitutional language and is largely responsible for the hesitancy of other nations to adopt a supreme constitution.


The Relevance Of Fresh Investment To The Characterization Of Corporate Distributions And Adjustments, Glenn E. Coven Apr 1983

The Relevance Of Fresh Investment To The Characterization Of Corporate Distributions And Adjustments, Glenn E. Coven

Faculty Publications

No abstract provided.


White Collar Crime: A Legal Overview, Paul Marcus Apr 1983

White Collar Crime: A Legal Overview, Paul Marcus

Faculty Publications

No abstract provided.


The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger Mar 1983

The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.


Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr Jan 1983

Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr

Faculty Publications

The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect …


Preface, Kathryn R. Urbonya Jan 1983

Preface, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


Transborder Data Flow: An Overview And Critique Of Recent Concerns, I. Trotter Hardy Jan 1983

Transborder Data Flow: An Overview And Critique Of Recent Concerns, I. Trotter Hardy

Faculty Publications

No abstract provided.


The Availability Of A First Appearance And Preliminary Hearing - Now You See Them, Now You Don't, Linda A. Malone Jan 1983

The Availability Of A First Appearance And Preliminary Hearing - Now You See Them, Now You Don't, Linda A. Malone

Faculty Publications

No abstract provided.


Interest Analysis And Choice Of Law: The Dubious Dominance Of Domicile, John Bernard Corr Jan 1983

Interest Analysis And Choice Of Law: The Dubious Dominance Of Domicile, John Bernard Corr

Faculty Publications

No abstract provided.


Ftc Rulemaking Through Negotiation, Charles H. Koch Jr., Beth Martin Jan 1983

Ftc Rulemaking Through Negotiation, Charles H. Koch Jr., Beth Martin

Faculty Publications

The Federal Trade Commission, along with other administrative agencies, has been especially affected by the current emphasis on deregulation. Some proponents of the free market system view the Commission as an unnecessary and costly impediment to market functioning. In this article, Professor Koch and Ms. Martin review past FTC regulatory efforts in light of the FTC's mandate: to maintain an efficient, competitive free market Although the FTC has deviated from its market maintenance goal, this deviation should not serve as a basis for constricting Commission rulemaking activity. Rather, the authors demonstrate that past Commission practices illustrate the need for an …


How Are You Going To Keep Them Down On The (Collective) Farm After They've Seen Chicago - A Minor's Right To Political Asylum Against His Parents' Wishes, Michael G. Hillinger Jan 1983

How Are You Going To Keep Them Down On The (Collective) Farm After They've Seen Chicago - A Minor's Right To Political Asylum Against His Parents' Wishes, Michael G. Hillinger

Faculty Publications

No abstract provided.


Tax Policy Analysis Of Bob Jones University V. U.S, Charles O. Galvin, Neal Devins Jan 1983

Tax Policy Analysis Of Bob Jones University V. U.S, Charles O. Galvin, Neal Devins

Faculty Publications

No abstract provided.


Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins Jan 1983

Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins

Faculty Publications

In Revenue Ruling 71-447, the Internal Revenue Service expressly denied tax exemptions to racially discriminatory private schools. The Reagan administration recently challenged the existence of a defined policy prohibiting tax exemptions to these schools as well as the propriety of the IRS's involvement in regulating social policy. President Reagan has called upon Congress to settle the issue by enacting affirmative legislation. Congress, however, has maintained that long-established federal policy supports Revenue Ruling 71-447 and has refused to enact affirmative legislation. In this Article, Mr. Devins examines the conflict between the executive, judicial, and legislative branches of government and argues that …


Book Review Of Genetics, Ethics, And The Law, Larry I. Palmer Jan 1983

Book Review Of Genetics, Ethics, And The Law, Larry I. Palmer

Faculty Publications

No abstract provided.


The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan Jan 1983

The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan

Faculty Publications

Although pretrial litigation often seems to render trial on the merits something of an anti-climax, adversarial adjudication is of course the focus of the criminal justice system, military or civilian. Once trial on the merits has begun, trial and defense counsel naturally utilize the rules of evidence in the fashion most likely to make the most of the evidence available to them. Yet, as all lawyers are aware, the period since the enactment of the Uniform Code of Military Justice has brought sweeping changes not only in military criminal law, but also in the "constitutionalization" of the law of evidence. …


Must Speech Be Special?, Frederick Schauer Jan 1983

Must Speech Be Special?, Frederick Schauer

Faculty Publications

No abstract provided.


Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii Jan 1983

Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.


The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces Jan 1983

The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces

Faculty Publications

Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …


The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla Jan 1983

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla

Faculty Publications

No abstract provided.


The Freedom Of Civilians Of Enemy Nationality To Depart From Territory Controlled By A Hostile Belligerent, Walter L. Williams Jr. Jan 1983

The Freedom Of Civilians Of Enemy Nationality To Depart From Territory Controlled By A Hostile Belligerent, Walter L. Williams Jr.

Faculty Publications

No abstract provided.


Integration And Local Politics, Neal Devins Jan 1983

Integration And Local Politics, Neal Devins

Faculty Publications

No abstract provided.