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William & Mary Law School

Faculty Publications

Series

2003

Articles 31 - 48 of 48

Full-Text Articles in Law

Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan Jan 2003

Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan

Faculty Publications

No abstract provided.


Explaining Grutter V. Bollinger, Neal Devins Jan 2003

Explaining Grutter V. Bollinger, Neal Devins

Faculty Publications

No abstract provided.


The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz Jan 2003

The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz

Faculty Publications

No abstract provided.


Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins Jan 2003

Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins

Faculty Publications

No abstract provided.


Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green Jan 2003

Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green

Faculty Publications

No abstract provided.


Wagering On Religious Liberty, Nathan B. Oman Jan 2003

Wagering On Religious Liberty, Nathan B. Oman

Faculty Publications

No abstract provided.


Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese Jan 2003

Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese

Faculty Publications

No abstract provided.


Funding Religion In A Post-Zelman World, James G. Dwyer Jan 2003

Funding Religion In A Post-Zelman World, James G. Dwyer

Faculty Publications

No abstract provided.


The Constitution Outside The Courts, Michael J. Gerhardt Jan 2003

The Constitution Outside The Courts, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno Jan 2003

Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno

Faculty Publications

No abstract provided.


Judicial Selection As War, Michael J. Gerhardt Jan 2003

Judicial Selection As War, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne Jan 2003

Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne

Faculty Publications

No abstract provided.


Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein Jan 2003

Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein

Faculty Publications

Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the …


Book Review Of Prejudicial Appearances: The Logic Of American Antidiscrimination Law, Michael Ashley Stein Jan 2003

Book Review Of Prejudicial Appearances: The Logic Of American Antidiscrimination Law, Michael Ashley Stein

Faculty Publications

No abstract provided.


Vectoral Federalism, Scott Dodson Jan 2003

Vectoral Federalism, Scott Dodson

Faculty Publications

In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups.Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps to …


The Unruliness Of Rules, Peter A. Alces Jan 2003

The Unruliness Of Rules, Peter A. Alces

Faculty Publications

No abstract provided.


The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks Jan 2003

The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks

Faculty Publications

No abstract provided.


Establishing The International Criminal Court, Nancy Amoury Combs Jan 2003

Establishing The International Criminal Court, Nancy Amoury Combs

Faculty Publications

No abstract provided.