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Articles 1 - 30 of 43
Full-Text Articles in Law
The Domains Of Loyalty: Relationships Between Fiduciary Obligation And Intrinsic Motivation, Deborah A. Demott
The Domains Of Loyalty: Relationships Between Fiduciary Obligation And Intrinsic Motivation, Deborah A. Demott
William & Mary Law Review
Recent scholarly inquiry into fiduciary law predominantly focuses on whether the subject is a coherent field and not a piecemeal assortment of doctrinal detail. This Article looks to the future and to relationships between the formal domain of fiduciary law and other factors that shape conduct. These include intrinsic motivation, markets for professional services, and forces like the operation of reputation. The Article demonstrates that looking across domains, from the legal to the extralegal, casts in sharp relief the reasons why fiduciary law is distinctive. These stem from the specific qualities of relationships to which fiduciary law applies, as well …
Pricing Drugs Fairly, Govind Persad
Pricing Drugs Fairly, Govind Persad
William & Mary Law Review
Dissatisfaction with drug prices has prompted a flurry of recent legislation and academic research. But while pharmaceutical policy often regards fair pricing as a goal, the concept of fairness itself frequently goes undefined. Legal scholarship—even work ostensibly focused on fairness—has not defined and defended an account of fair pricing. Recent legislative proposals in the House and Senate have similarly avoided a determinate position on fairness. This Article explains and defends an account of what makes a price for a drug fair (identifying fair price with social value), argues for implementing fair pricing through a price ceiling grounded in social value, …
The Unified Field Solution To The Battle Of The Forms Under The U.N. Sales Convention, Michael P. Van Alstine
The Unified Field Solution To The Battle Of The Forms Under The U.N. Sales Convention, Michael P. Van Alstine
William & Mary Law Review
Ours is not an age of nuance. Simple and certain answers are the preferred course, the more so for complicated questions. But human affairs do not come in neat little boxes, and most forms of human interaction are messy, complicated, and idiosyncratic. The station of the law nonetheless is to distill commonalities, draw lines, and craft generally applicable norms of conduct. The problem is that as the subject of regulation grows in complexity and diversity, the ability of the law to make just generalizations decreases. And many fields of human activity reflect a true spectrum, such that certain rules and …
Modernizing The Bank Charter, David Zaring
Modernizing The Bank Charter, David Zaring
William & Mary Law Review
The banking charter—the license a bank needs to obtain before it can open—has become the centerpiece of an argument about what finance should do for the rest of the economy, both in academia and at the banking agencies. Some advocates have proposed using the charter to pursue industrial policy or to end shadow banking. Some regulators have proposed giving financial technology firms bank charters, potentially breaking down the traditionally high walls between banking and commerce. An empirical survey of chartering decisions by the Office of the Comptroller of the Currency suggests that chartering is best understood as an ultracautious licensing …
Netflix And Quill: Using Access And Consumption To Create A Plan For Taxing The Cloud, William L. Fletcher Jr.
Netflix And Quill: Using Access And Consumption To Create A Plan For Taxing The Cloud, William L. Fletcher Jr.
William & Mary Law Review
No abstract provided.
Perverse Innovation, Dan L. Burk
Perverse Innovation, Dan L. Burk
William & Mary Law Review
An inescapable feature of regulation is the existence of loopholes: activities that formally comply with the text of regulation, but which in practice avoid the desired outcome of the regulation. Considerable ingenuity may be devoted to exploiting regulatory loopholes. Where technological regulation is at issue, such ingenuity may often be devoted to developing new technology that avoids the regulation; such innovation may be termed “perverse” because it is directed to avoiding the regulation that prompted it. Nonetheless, in this Article I argue that such regulatory circumvention may result in socially beneficial innovation. Drawing on insights from innovation policy in the …
Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai
Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai
William & Mary Law Review
The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September 2015. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Given UAV utility and cost-effectiveness over a vast range of tasks, however, widespread commercial use ultimately seems certain. Consequently, it is imperative to understand …
Standardization Of Standard-Form Contracts: Competition And Contract Implications, Mark R. Patterson
Standardization Of Standard-Form Contracts: Competition And Contract Implications, Mark R. Patterson
William & Mary Law Review
Standard-form contracts are a common feature of commercial relationships because they offer the advantage of lower transaction costs. This advantage of standard contracts is increased when there is a second layer of standardization under which multiple firms agree on a standard contract. Trade associations and similar entities often effect standardization of this kind through collective agreement on a standard contract, sometimes under the aegis of state actors. Multifirm contract standardization can provide not only the usual transaction-cost advantages of standard-form contracts, but also increased competition among firms, because a standard contract makes comparison among firms’ offerings easier. But standardization among …
Toward A Theory Of Precedent In Arbitration, W. Mark C. Weidemaier
Toward A Theory Of Precedent In Arbitration, W. Mark C. Weidemaier
William & Mary Law Review
Do arbitrators create precedent? The claim that they do not recurs throughout much of the arbitration literature. Instead, arbitration often is viewed as an ad hoc forum in which arbitrators do justice (at best) within the confines of particular cases. As an empirical matter, however, it is increasingly clear that, in some arbitration systems, arbitrators often cite to other arbitrators, claim to rely on past awards, and promote adjudicatory consistency as an important system norm. Much like courts, then, arbitrators can (but do not always) create precedent that guides future behavior and provides a language in which disputants, lawyers, and …
Universes Colliding: The Constitutional Implications Of Arbitral Class Actions, Maureen A. Weston
Universes Colliding: The Constitutional Implications Of Arbitral Class Actions, Maureen A. Weston
William & Mary Law Review
No abstract provided.
A Beautiful Mend: A Game Theoretical Analysis Of The Dormant Commerce Clause Doctrine, Maxwell L. Stearns
A Beautiful Mend: A Game Theoretical Analysis Of The Dormant Commerce Clause Doctrine, Maxwell L. Stearns
William & Mary Law Review
While the Commerce Clause neither mentions federal courts nor expressly prohibits the exercise of state regulatory powers that might operate concurrently with Congressional commerce powers, the Supreme Court has long used the dormant Commerce Clause doctrine to limit the power of states to regulate across a diverse array of subject areas in the absence of federal legislation. Commentators have criticized the Court less for creating the doctrine than for applying it in a seemingly inconsistent, or even haphazard way. Past commentators have recognized that a game theoretical model, the prisoners' dilemma, can explain the role of the dormant Commerce Clause …
The Wto: Biting The Hand That Fed It, Curtis S. Miller
The Wto: Biting The Hand That Fed It, Curtis S. Miller
William & Mary Law Review
No abstract provided.
As Mandatory Binding Arbitration Meets The Class Action, Will The Class Action Survive?, Jean R. Sternlight
As Mandatory Binding Arbitration Meets The Class Action, Will The Class Action Survive?, Jean R. Sternlight
William & Mary Law Review
No abstract provided.
Liberty, Trade, And The Uniform Commercial Code: When Should Default Rules Be Based On Business Practices?, Kerry Lynn Macintosh
Liberty, Trade, And The Uniform Commercial Code: When Should Default Rules Be Based On Business Practices?, Kerry Lynn Macintosh
William & Mary Law Review
No abstract provided.
On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch
On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch
William & Mary Law Review
No abstract provided.
The Privileges Of Suretyship For Delegating Parties Under Ucc Section 2-210 In Light Of The New Restatement Of Suretyship, Gary L. Monserud
The Privileges Of Suretyship For Delegating Parties Under Ucc Section 2-210 In Light Of The New Restatement Of Suretyship, Gary L. Monserud
William & Mary Law Review
No abstract provided.
Some Realism About Legal Surrealism, Jeanne L. Schroeder
Some Realism About Legal Surrealism, Jeanne L. Schroeder
William & Mary Law Review
No abstract provided.
Appropriate Standards For A Buyer's Refusal To Keep Goods Tendered By A Seller, William H. Lawrence
Appropriate Standards For A Buyer's Refusal To Keep Goods Tendered By A Seller, William H. Lawrence
William & Mary Law Review
No abstract provided.
Introduction To The Revision Of Article 2 Of The Uniform Commercial Code Symposium, Peter A. Alces
Introduction To The Revision Of Article 2 Of The Uniform Commercial Code Symposium, Peter A. Alces
William & Mary Law Review
No abstract provided.
Intangibles Contracts: Thoughts Of Hubs, Spokes, And Reinvigorating Article 2, Raymond T. Nimmer
Intangibles Contracts: Thoughts Of Hubs, Spokes, And Reinvigorating Article 2, Raymond T. Nimmer
William & Mary Law Review
No abstract provided.
Good Faith In Articles 1 And 2 Of The U.C.C.: The Practice View, Steven J. Burton
Good Faith In Articles 1 And 2 Of The U.C.C.: The Practice View, Steven J. Burton
William & Mary Law Review
No abstract provided.
Consumers-R-Us: A Reality In The U.C.C. Article 2 Revision Process, Yvonne W. Rosmarin
Consumers-R-Us: A Reality In The U.C.C. Article 2 Revision Process, Yvonne W. Rosmarin
William & Mary Law Review
No abstract provided.
Reinventing The Wheel, Marion W. Benfield Jr., Peter A. Alces
Reinventing The Wheel, Marion W. Benfield Jr., Peter A. Alces
William & Mary Law Review
No abstract provided.
Standards For Revising Article 2 Of The U.C.C.: The Nom Clause Model, Robert A. Hillman
Standards For Revising Article 2 Of The U.C.C.: The Nom Clause Model, Robert A. Hillman
William & Mary Law Review
No abstract provided.
Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch
Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch
William & Mary Law Review
No abstract provided.
Contract Formation And Modification Under Revised Article 2, Richard E. Speidel
Contract Formation And Modification Under Revised Article 2, Richard E. Speidel
William & Mary Law Review
No abstract provided.
Consumer Issues And The Revision Of U.C.C. Article 2, Fred H. Miller
Consumer Issues And The Revision Of U.C.C. Article 2, Fred H. Miller
William & Mary Law Review
No abstract provided.
The Revision Of Article 2: Romancing The Prism, John E. Murray Jr.
The Revision Of Article 2: Romancing The Prism, John E. Murray Jr.
William & Mary Law Review
No abstract provided.
Suretyship On The Fringe: Suretyship By Operation Of Law And By Analogy, D. Benjamin Beard
Suretyship On The Fringe: Suretyship By Operation Of Law And By Analogy, D. Benjamin Beard
William & Mary Law Review
No abstract provided.
Standby Letters Of Credit And Guaranties: An Exercise In Cartography, Gerald T. Mclaughlin
Standby Letters Of Credit And Guaranties: An Exercise In Cartography, Gerald T. Mclaughlin
William & Mary Law Review
No abstract provided.