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William & Mary Law School

1999

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Articles 1 - 30 of 157

Full-Text Articles in Law

New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy Dec 1999

New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy

William & Mary Annual Tax Conference

No abstract provided.


Capitalization In The Nineties, Glenn R. Carrington Dec 1999

Capitalization In The Nineties, Glenn R. Carrington

William & Mary Annual Tax Conference

No abstract provided.


Selected Current Developments In Financial Accounting And Reporting, David W. Larue Dec 1999

Selected Current Developments In Financial Accounting And Reporting, David W. Larue

William & Mary Annual Tax Conference

No abstract provided.


Taxable And Tax-Free Acquisitions And Separations, Mark J. Silverman, Robert H. Wellen, Mark L. Yecies Dec 1999

Taxable And Tax-Free Acquisitions And Separations, Mark J. Silverman, Robert H. Wellen, Mark L. Yecies

William & Mary Annual Tax Conference

No abstract provided.


Recent Federal Income Tax Developments, Ira B. Shepard Dec 1999

Recent Federal Income Tax Developments, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.


Current Issues In Life Insurance Planning, Lawrence Brody Dec 1999

Current Issues In Life Insurance Planning, Lawrence Brody

William & Mary Annual Tax Conference

No abstract provided.


Practical Problems Encountered In Federal Estate And Gift Tax Audits, W. Birch Douglass Iii, Kirkland M. Kelley Dec 1999

Practical Problems Encountered In Federal Estate And Gift Tax Audits, W. Birch Douglass Iii, Kirkland M. Kelley

William & Mary Annual Tax Conference

No abstract provided.


Making Retirement Benefits Payable To Trusts, Natalie B. Choate Dec 1999

Making Retirement Benefits Payable To Trusts, Natalie B. Choate

William & Mary Annual Tax Conference

No abstract provided.


Estate Planning For Retirement Benefits: Selected Case Studies, Natalie B. Choate Dec 1999

Estate Planning For Retirement Benefits: Selected Case Studies, Natalie B. Choate

William & Mary Annual Tax Conference

No abstract provided.


Planning For Qualified Retirement Plan Benefits And Iras, Louis A. Mezzullo Dec 1999

Planning For Qualified Retirement Plan Benefits And Iras, Louis A. Mezzullo

William & Mary Annual Tax Conference

No abstract provided.


Contingent Consideration And Contingent Liabilities In Acquisitions: Outline,Addendum, References, Robert H. Wellen Dec 1999

Contingent Consideration And Contingent Liabilities In Acquisitions: Outline,Addendum, References, Robert H. Wellen

William & Mary Annual Tax Conference

No abstract provided.


Section 338(H)(10), Mark L. Yecies Dec 1999

Section 338(H)(10), Mark L. Yecies

William & Mary Annual Tax Conference

No abstract provided.


Corporate Divisions Under Section 355, Mark J. Silverman Dec 1999

Corporate Divisions Under Section 355, Mark J. Silverman

William & Mary Annual Tax Conference

No abstract provided.


Federal And State Audit Issues, William L.S. Rowe, D. French Slaughter Iii Dec 1999

Federal And State Audit Issues, William L.S. Rowe, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.


Use Of Limited Liability Companies In Corporate Transactions, Mark J. Silverman, Lisa M. Zarlenga Dec 1999

Use Of Limited Liability Companies In Corporate Transactions, Mark J. Silverman, Lisa M. Zarlenga

William & Mary Annual Tax Conference

No abstract provided.


Section 338(H)(10) & Appendix, Mark J. Silverman, Jonathan I. Forrest Dec 1999

Section 338(H)(10) & Appendix, Mark J. Silverman, Jonathan I. Forrest

William & Mary Annual Tax Conference

No abstract provided.


The Fragmented Liberty Clause, Rebecca L. Brown Dec 1999

The Fragmented Liberty Clause, Rebecca L. Brown

William & Mary Law Review

No abstract provided.


Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese Dec 1999

Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese

William & Mary Law Review

No abstract provided.


A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen Dec 1999

A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen

William & Mary Law Review

No abstract provided.


Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming Dec 1999

Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming

William & Mary Law Review

No abstract provided.


Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein Dec 1999

Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein

William & Mary Law Review

No abstract provided.


The Fiscal Powers And The 1930s: Entrenchment, John Harrison Dec 1999

The Fiscal Powers And The 1930s: Entrenchment, John Harrison

William & Mary Law Review

No abstract provided.


Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle Dec 1999

Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle

William & Mary Law Review

No abstract provided.


Lost Fidelities, Barry Cushman Dec 1999

Lost Fidelities, Barry Cushman

William & Mary Law Review

No abstract provided.


The Unusual Suspects: Journalists As Thieves, William E. Lee Dec 1999

The Unusual Suspects: Journalists As Thieves, William E. Lee

William & Mary Bill of Rights Journal

The publication of confidential information by the press stands in stark contrast to the press' dedication to protecting the confidentiality of sources. While the Supreme Court has taken the position that the press may publish confidential information acquired through "routine" newsgathering methods, the contours of the phrase "routine " newsgathering methods are poorly defined In this Article, Professor Lee describes the link between the manner in which information is obtained and the First Amendment's protection of the publication of the information. He concludes that the proper analysis would separate the interests affected by publication from the interests affected by illegal …


The Role Of Suspicion In Federal Equal Protection, Paul E. Mcgreal Dec 1999

The Role Of Suspicion In Federal Equal Protection, Paul E. Mcgreal

William & Mary Bill of Rights Journal

Recently, Professor Jed Rubenfeld wrote an essay arguing that the Supreme Court's strict scrutiny test for equal protection works best to "smoke out" the purpose of laws to determine whether they were enacted because of racial bias or preference. Professor Rubenfeld criticized the Court's most recent affirmative action decision in Adarand Constructors, Inc. v. Pena for departing from this "smoking out" approach.

In this Essay, Professor McGreal explores how this "smoking out" process is applied in federal equal protection cases. Counter to Professor Rubenfeld's view, he argues that the Supreme Court did use a "smoking out" approach in Adarand. His …


Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton Dec 1999

Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton

William & Mary Bill of Rights Journal

Traditional judicial mechanisms that preserve litigants' rights to due process and a jury trial challenge courts to provide litigants their day in court in an efficient and timely manner. This challenge is made exponentially harder where the litigation concerns tortious conduct affecting a large number of persons and giving rise to latent injury. In response to the recent increase in mass tort filings, courts have sought an alternative means of adjudication-the extrapolation of a statistically average, representative plaintiff to other plaintiffs. This Note examines the problems associated with mass tort actions and how two circuit courts of appeals have implemented …


The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis Dec 1999

The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis

William & Mary Law Review

No abstract provided.


Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review Dec 1999

Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review

William & Mary Law Review

No abstract provided.


Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer Dec 1999

Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer

Faculty Publications

In 1996, the Supreme Court, in BMW of North America, Inc. v. Gore, struck down a punitive damages award on the ground that it was "grossly excessive" in violation of the Due Process Clause of the Fourteenth Amendment . Since BMW, many courts have faced the challenge of applying its principles to determine whether punitive damages awards surpass the constitutional limit. Last June, in Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc., the Third Circuit faced this difficulty when it considered whether a $50 million punitive damages award, granted in conjunction with a $48 million compensatory damages award, was …