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Articles 1 - 30 of 36
Full-Text Articles in Law
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
William & Mary Law Review
No abstract provided.
The Political Economy Of International Antitrust Harmonization, John O. Mcginnis
The Political Economy Of International Antitrust Harmonization, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley
Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley
William & Mary Law Review
This Article explores the U.S. "patent first, ask questions later" approach to determining what subject matter should receive patent protection. Under this approach, the US. Patent and Trademark Office (USPTO or the Agency) issues patents on "anything under the sun made by man," and to the extent a patent's subject matter is sufficiently controversial, Congress acts retrospectively in assessing whether patents should issue on such inventions. This practice has important ramifications for morally controversial biotechnology patents specifically, and for American society generally. For many years ajudicially created "moral utility" doctrine served as a type of gatekeeper of patent subject matter …
"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal
"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal
William & Mary Law Review
No abstract provided.
The Purpose Of Lawyer Discipline, Fred C. Zacharias
The Purpose Of Lawyer Discipline, Fred C. Zacharias
William & Mary Law Review
No abstract provided.
Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor
William & Mary Law Review
No abstract provided.
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David Gray Carlson
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David Gray Carlson
William & Mary Law Review
No abstract provided.
The Neglected Value Of The Legislative Privilege In State Legislatures, Steven F. Huefner
The Neglected Value Of The Legislative Privilege In State Legislatures, Steven F. Huefner
William & Mary Law Review
Forty-three state constitutions contain a provision, analogous to the U.S. Constitution's Speech or Debate Clause (Article I, Section 6, Clause 1), granting state legislators a legal privilege in connection with their legislative work. While some of these states' provisions have never been applied, recent judicial interpretations in other states have departed from settled federal interpretations of the legislative privilege, failing to apply it broadly to protect the legislative process and instead unduly favoring ideals of open government. This Article defends the value of a broad constitutional privilege for state legislators to protect the integrity of the deliberative process, and presents …
Inevitable Disclosure Through An Internet Lens: Is The Doctrine's Demise Truly Inevitable?, Joseph F. Phillips
Inevitable Disclosure Through An Internet Lens: Is The Doctrine's Demise Truly Inevitable?, Joseph F. Phillips
William & Mary Law Review
No abstract provided.
State Income Tax Jurisdiction: A Jurisprudential And Policy Perspective, John A. Swain
State Income Tax Jurisdiction: A Jurisprudential And Policy Perspective, John A. Swain
William & Mary Law Review
No abstract provided.
Surviving The Shipwreck: A Proposal To Revive The Failing Division Defense, Amanda L. Wait
Surviving The Shipwreck: A Proposal To Revive The Failing Division Defense, Amanda L. Wait
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.
Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus
Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus
William & Mary Law Review
No abstract provided.
Statutory Inflation And Institutional Choice, Lawrence M. Solan
Statutory Inflation And Institutional Choice, Lawrence M. Solan
William & Mary Law Review
No abstract provided.
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
William & Mary Law Review
No abstract provided.
Regulating Political Parties Under A "Public Rights" First Amendment, Gregory P. Magarian
Regulating Political Parties Under A "Public Rights" First Amendment, Gregory P. Magarian
William & Mary Law Review
No abstract provided.
Treating The Pen And The Sword As Constitutional Equals: How And Why The Supreme Court Should Apply Its First Amendment Expertise To The Great Second Amendment Debate, David G. Browne
William & Mary Law Review
No abstract provided.
Behind Bars: Are Corporate Counsel Captive To State Licensure?, Elizabeth A. Wickerham
Behind Bars: Are Corporate Counsel Captive To State Licensure?, Elizabeth A. Wickerham
William & Mary Law Review
No abstract provided.
The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao
The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao
William & Mary Law Review
No abstract provided.
Sharing Sacred Secrets: Is It (Past) Time For A Dangerous Person Exception To The Clergy-Penitent Privilege?, R. Michael Cassidy
Sharing Sacred Secrets: Is It (Past) Time For A Dangerous Person Exception To The Clergy-Penitent Privilege?, R. Michael Cassidy
William & Mary Law Review
No abstract provided.
Remedy Gone Awry: Weighing In On Weighted Voting, Keith R. Wesolowski
Remedy Gone Awry: Weighing In On Weighted Voting, Keith R. Wesolowski
William & Mary Law Review
No abstract provided.
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
William & Mary Law Review
In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the United States Constitution. This reconciliation, however, is unavailable for state courts, which, by …
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
William & Mary Law Review
Bankruptcy law does not deal well with website promises to protect personal information. The legal treatment of privacy policies in bankruptcy currently turns on whether such policies are viewed as creating contract rights or property rights. Neither characterization fits well, and any attempt to shoehorn information privacy into either category has significant costs. Contract obligations are subject to discharge in bankruptcy, and any consumer expectations of privacy (contractual or otherwise) are likely to be defeated. By contrast, if personal information is deemed property of the website customer, information transfers that might benefit consumers will be stifled. This Article develops an …
Disaggregating Antidiscrimination And Accommodation, J. H. Verkerke
Disaggregating Antidiscrimination And Accommodation, J. H. Verkerke
William & Mary Law Review
No abstract provided.
The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos
The Americans With Disabilities Act As Welfare Reform, Samuel R. Bagenstos
William & Mary Law Review
No abstract provided.
Disability-Based Harrassment: Standing And Standards For A "New" Cause Of Action, Holland M. Tahvonen
Disability-Based Harrassment: Standing And Standards For A "New" Cause Of Action, Holland M. Tahvonen
William & Mary Law Review
No abstract provided.
"Discredited" And "Discreditable:" The Search For Political Identity By People With Psychiatric Diagnoses, Susan Stefan
"Discredited" And "Discreditable:" The Search For Political Identity By People With Psychiatric Diagnoses, Susan Stefan
William & Mary Law Review
No abstract provided.
A Union Of Formalism And Flexibility: Allowing Employers To Set Their Own Liability Under Federal Employment Discrimination Laws, Darren M. Creasy
A Union Of Formalism And Flexibility: Allowing Employers To Set Their Own Liability Under Federal Employment Discrimination Laws, Darren M. Creasy
William & Mary Law Review
No abstract provided.
Foreword: Disability And Identity, Michael Ashley Stein
Foreword: Disability And Identity, Michael Ashley Stein
William & Mary Law Review
No abstract provided.