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Articles 1 - 30 of 234
Full-Text Articles in Law
Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham
Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham
William & Mary Law Review
No abstract provided.
Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula
Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula
Library Staff Publications
No abstract provided.
The Empire Of Illness: Competence And Coercion In Health-Care Decision Making, Marsha Garrison
The Empire Of Illness: Competence And Coercion In Health-Care Decision Making, Marsha Garrison
William & Mary Law Review
The law's willingness to take account of factors that interfere with volition tends to vary in accordance with its underlying goals. The law of wills is dominated by the principle of freedom of testation; it has thus developed doctrines aimed at detecting coercive influences that interfere with the testator's free agency. The law of medical decision making, dominated by the analogous principle of patient autonomy, has not developed doctrines aimed at detecting coercive influences despite a large and growing body of evidence showing that disordered insight and major depression, two common medical conditions, often have a coercive, negative effect on …
The Common Law Genius Of The Warren Court, David A. Strauss
The Common Law Genius Of The Warren Court, David A. Strauss
William & Mary Law Review
The Warren Court's most important decisions-on school segregation, reapportionment, free speech, and criminal procedure are firmly entrenched in the law. But the idea persists, even among those who are sympathetic to the results that the Warren Court reached, that what the Warren Court was doing was somehow not really law: that the Warren Court "made it up," and that the important Warren Court decisions cannot be justified by reference to conventional legal materials. It is true that the Warren Court's most important decisions cannot be easily justified on the basis of the text of the Constitution or the original understandings. …
Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung
Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung
William & Mary Law Review
No abstract provided.
Betting On The Wrong Horse: The Detrimental Effect Of Noncompliance In The Internet Gambling Dispute On The General Agreement On Trade In Services (Gats), Kathryn B. Codd
Betting On The Wrong Horse: The Detrimental Effect Of Noncompliance In The Internet Gambling Dispute On The General Agreement On Trade In Services (Gats), Kathryn B. Codd
William & Mary Law Review
No abstract provided.
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
William & Mary Bill of Rights Journal
A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …
Child Welfare's Paradox, Dorothy E. Roberts
Child Welfare's Paradox, Dorothy E. Roberts
William & Mary Law Review
No abstract provided.
Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala
Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala
William & Mary Law Review
No abstract provided.
Estop In The Name Of Love: A Case For Constructive Marriage In Virginia, Andrew W. Scott
Estop In The Name Of Love: A Case For Constructive Marriage In Virginia, Andrew W. Scott
William & Mary Law Review
No abstract provided.
Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin
Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin
William & Mary Bill of Rights Journal
American divorce law was transformed by the Supreme Court in a series of decisions beginning with Williams v. North Carolina in 1942. These constitutional full faith and credit cases resolved a long-standing federalism problem by redefining the scope of state power over marital status. With these decisions, the Court shifted from an analysis based on the competing interests of different states to an approach that highlighted the individual interests of the parties involved. This change fundamentally altered state power over the family by extending to individuals greater control of their marital status. In the process, the Court cleared a path …
Sense-Enhanced Searches And The Irrelevance Of The Fourth Amendment, David E. Steinberg
Sense-Enhanced Searches And The Irrelevance Of The Fourth Amendment, David E. Steinberg
William & Mary Bill of Rights Journal
No abstract provided.
Be They Fish Or Not Fish: The Fishy Registration Of Nonsexual Offenders, Ofer Raban
Be They Fish Or Not Fish: The Fishy Registration Of Nonsexual Offenders, Ofer Raban
William & Mary Bill of Rights Journal
No abstract provided.
Congress Has The Power To Enforce The Bill Of Rigths Against The Federal Government; Therefore Fisa Is Constitutional And The President's Terrorist Surveillance Program Is Illegal, Wilson R. Huhn
William & Mary Bill of Rights Journal
The principal point of this Article is that Congress has plenary authority to enforce the Bill of Rights against the federal government. Although this precept is a fundamental one, neither the Supreme Court nor legal scholars have articulated this point in clear, simple, and direct terms. The Supreme Court does not have a monopoly on the Bill of Rights. Congress, too, has constitutional authority to interpret our rights and to enforce or enlarge them as against the actions of the federal government. Congress exercised its power to protect the constitutional rights of American citizens when it enacted the Foreign Intelligence …
Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman
Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman
William & Mary Bill of Rights Journal
No abstract provided.
Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell
Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell
William & Mary Bill of Rights Journal
No abstract provided.
The United States Register Of Copyrights
The United States Register Of Copyrights
Stanley H. Mervis Lecture
No abstract provided.
Selected Energy Tax Credit Provisions In The Internal Revenue Code
Selected Energy Tax Credit Provisions In The Internal Revenue Code
William & Mary Annual Tax Conference
No abstract provided.
Client Alert- Irs Issues Safe Harbor Guidance For Partnership Flip Structures In Wind Deals
Client Alert- Irs Issues Safe Harbor Guidance For Partnership Flip Structures In Wind Deals
William & Mary Annual Tax Conference
No abstract provided.
Primer On Energy Tax Credits, Laura Ellen Jones
Primer On Energy Tax Credits, Laura Ellen Jones
William & Mary Annual Tax Conference
No abstract provided.
A Guide To The Attorney-Client Privilege And Work Product Doctrine For Tax Practitioners, Craig D. Bell, Thomas E. Spahn, Christopher S. Rizek
A Guide To The Attorney-Client Privilege And Work Product Doctrine For Tax Practitioners, Craig D. Bell, Thomas E. Spahn, Christopher S. Rizek
William & Mary Annual Tax Conference
No abstract provided.
Creative Structures For The Disposition Of Real Estate (Slides)
Creative Structures For The Disposition Of Real Estate (Slides)
William & Mary Annual Tax Conference
No abstract provided.
Recent Tax Developments In Virginia: 2006-2007, Craig D. Bell, William L.S. Rowe
Recent Tax Developments In Virginia: 2006-2007, Craig D. Bell, William L.S. Rowe
William & Mary Annual Tax Conference
No abstract provided.
Creative Structures For The Disposition Of Real Estate: Extracting Equity On A Tax-Free Basis, Blake D. Rubin, Andrea M. Whiteway, Jon G. Finkelstein
Creative Structures For The Disposition Of Real Estate: Extracting Equity On A Tax-Free Basis, Blake D. Rubin, Andrea M. Whiteway, Jon G. Finkelstein
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments In Federal Income Taxation, Ira B. Shepard
Recent Developments In Federal Income Taxation, Ira B. Shepard
William & Mary Annual Tax Conference
No abstract provided.
Planning With Grantor Trusts, A. Christopher Sega, Mary Ann Mancini
Planning With Grantor Trusts, A. Christopher Sega, Mary Ann Mancini
William & Mary Annual Tax Conference
No abstract provided.
Tax Planning For The Philanthropically Minded Business Owner, C. Wells Hall Iii
Tax Planning For The Philanthropically Minded Business Owner, C. Wells Hall Iii
William & Mary Annual Tax Conference
No abstract provided.
Navigating Uncharted Waters: The New Charitable Entity Legislation, Robert L. Thalhimer, Michele A. W. Mckinnon
Navigating Uncharted Waters: The New Charitable Entity Legislation, Robert L. Thalhimer, Michele A. W. Mckinnon
William & Mary Annual Tax Conference
No abstract provided.
Keep Out Of Myspace!: Protecting Students From Unconstitutional Suspensions And Expulsions, Christi Cassel
Keep Out Of Myspace!: Protecting Students From Unconstitutional Suspensions And Expulsions, Christi Cassel
William & Mary Law Review
No abstract provided.
The Curious Complications With Back-End Opt-Out Rights, Rhonda Wasserman
The Curious Complications With Back-End Opt-Out Rights, Rhonda Wasserman
William & Mary Law Review
In recent years, class members have been afforded delayed, or "back-end," opportunities to opt out of a class action once the terms of the settlement are disclosed. These back-end opt-out rights may afford only limited rights to sue outside the confines of the class action. For example, opt-out plaintiffs may be permitted to seek compensatory, but not punitive damages. Does the federal court that approved the settlement have authority to enjoin back-end opt-out plaintiffs from seeking relief in state court that exceeds the limits built into the back-end opt-out right?
Three sets of curious complications may arise if the federal …