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William & Mary Law School

2013

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Articles 241 - 255 of 255

Full-Text Articles in Law

A Tax Hike Liberals And Conservatives Should Both Like, Nathan B. Oman Jan 2013

A Tax Hike Liberals And Conservatives Should Both Like, Nathan B. Oman

Popular Media

No abstract provided.


Just How Youthful Should Voters Be? Part Iii: Why We Need A Conception Of Electoral Competence, And Its Implications For Adults With Cognitive Impairments, Vivian E. Hamilton Jan 2013

Just How Youthful Should Voters Be? Part Iii: Why We Need A Conception Of Electoral Competence, And Its Implications For Adults With Cognitive Impairments, Vivian E. Hamilton

Popular Media

No abstract provided.


Just How Youthful Should Voters Be? Part Ii: Defining Electoral Decision-Making Competence, Vivian E. Hamilton Jan 2013

Just How Youthful Should Voters Be? Part Ii: Defining Electoral Decision-Making Competence, Vivian E. Hamilton

Popular Media

No abstract provided.


The Youth Vote Matters. But Just How Young Should Voters Be? [Part I], Vivian E. Hamilton Jan 2013

The Youth Vote Matters. But Just How Young Should Voters Be? [Part I], Vivian E. Hamilton

Popular Media

No abstract provided.


When Is Finality Final? Second Chances At The Supreme Court, Aaron-Andrew P. Bruhl Jan 2013

When Is Finality Final? Second Chances At The Supreme Court, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar Jan 2013

Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar

Library Staff Publications

The Wolf Law Library at the College of William and Mary initiated a project to re-create the library of George Wythe, the founding father of American legal education. A relatively small number of Wythe’s books are still extant today; for some volumes, there is strong documentary evidence to prove conclusively he owned specific editions of particular titles. Additionally, four bibliographies with varying levels of substantiating information provide insight into the contents of Wythe’s library. Examination of these sources launched an excursion into bibliographic history and rare book collecting that illuminates the difficulties in attempting to establish the exact editions contained …


Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese Jan 2013

Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese

Faculty Publications

The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery. Indeed, …


Reconsidering Recusals: The Need For Requirements For When Not To Recuse, Mason E. Lowe Jan 2013

Reconsidering Recusals: The Need For Requirements For When Not To Recuse, Mason E. Lowe

Faculty Publications

In the American judiciary system, it is imperative that judges act free of bias. Although this seems to be an easy-enough-to-understand theory, its practical application is not always so simple. As a result, there have been wide-ranging, unpredictable, and sometimes undesirable results. Others have noted the need for clearer recusal rules and guidelines. There have been various suggestions for how to improve or reform recusal rules, all of which note that there is a lack of standardized and predictable rules for when judges are required to recuse themselves. These previous suggestions have correctly identified the root of the problem and …


Extending The Taxation-Of-Risk Model To Timing Options And Marked-To-Market Taxes, Eric D. Chason Jan 2013

Extending The Taxation-Of-Risk Model To Timing Options And Marked-To-Market Taxes, Eric D. Chason

Faculty Publications

No abstract provided.


Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer Jan 2013

Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer

Faculty Publications

No abstract provided.


Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks Jan 2013

Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks

Faculty Publications

No abstract provided.


Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney Jan 2013

Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


Petitions, Privacy, And Political Obscurity, Rebecca Green Jan 2013

Petitions, Privacy, And Political Obscurity, Rebecca Green

Faculty Publications

People who sign petitions must accept disclosure of their political views. This conclusion rests on the seemingly uncontroversial (if circular) premise that petition signing is a public activity. Courts have thus far shown little sympathy for individuals who take a public stand on an issue by signing a petition and then assert privacy claims after the fact. Democracy, after all, takes courage, as Justice Scalia wrote in the petitioning disclosure case Doe v. Reed. But signing a petition today brings consequences beyond public criticism. The real threat of disclosure for modern petition signers is not tangible harassment, but the loss …


Equality Between Adults And Children: Its Meaning, Implications, And Opposition, James G. Dwyer Jan 2013

Equality Between Adults And Children: Its Meaning, Implications, And Opposition, James G. Dwyer

Faculty Publications

Family law scholars have devoted much attention to equality among groups of adults and some attention to equality between groups of children. There has been little exploration, however, of the notion of equality between adults and children. In this Article, I first explain what it means at a basic, theoretical level to speak of such equality. I then identify some practical implications. Finally, I consider why there is great resistance to many practical implications of children's equality, even among those who would consider themselves advocates for child welfare.


Sex And Statutory Uniformity: Harmonizing The Legal Treatment Of Semen, Myrisha S. Lewis Jan 2013

Sex And Statutory Uniformity: Harmonizing The Legal Treatment Of Semen, Myrisha S. Lewis

Faculty Publications

No abstract provided.