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Articles 1 - 30 of 39
Full-Text Articles in Law
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
William & Mary Law Review
No abstract provided.
Disparate Impact: Looking Past The Desert Palace Mirage, Charles A. Sullivan
Disparate Impact: Looking Past The Desert Palace Mirage, Charles A. Sullivan
William & Mary Law Review
No abstract provided.
The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl
The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl
William & Mary Law Review
No abstract provided.
Banging On The Backdoor Draft: The Constitutional Validity Of Stop-Loss In The Military, Evan M. Wooten
Banging On The Backdoor Draft: The Constitutional Validity Of Stop-Loss In The Military, Evan M. Wooten
William & Mary Law Review
No abstract provided.
Fraud On The Market: Short Sellers' Reliance On Market Price Integrity, Douglas A. Smith
Fraud On The Market: Short Sellers' Reliance On Market Price Integrity, Douglas A. Smith
William & Mary Law Review
No abstract provided.
The Manager's Share, David I. Walker
The Manager's Share, David I. Walker
William & Mary Law Review
It is sometimes argued in the corporate governance literature that the total share of corporate value that can be extracted by a manager is fixed and independent of the avenues through which value is extracted. Shareholders need not worry about an activity such as insider trading, the story goes, because any profits achieved by a manager through insider trading will simply offset conventional compensation. This Article challenges that idea and argues that whether one views the manager's share as being capped by external market forces, set by an optimal principal/agent contract, or limited by saliency and outrage in accordance with …
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
William & Mary Law Review
No abstract provided.
Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan
Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan
William & Mary Law Review
No abstract provided.
The Dubious Origins And Dangers Of Clawback And Quick-Peek Agreements: An Argument Against Their Codification In The Federal Rules Of Civil Procedure, Laura Catherine Daniel
The Dubious Origins And Dangers Of Clawback And Quick-Peek Agreements: An Argument Against Their Codification In The Federal Rules Of Civil Procedure, Laura Catherine Daniel
William & Mary Law Review
No abstract provided.
In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie
In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie
William & Mary Law Review
No abstract provided.
Inherency, Dan L. Burk, Mark A. Lemley
Inherency, Dan L. Burk, Mark A. Lemley
William & Mary Law Review
No abstract provided.
Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia
Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia
William & Mary Law Review
The optimal scope of patent protection is an issue with which patent system observers have struggled for decades. Various patent doctrines have been recognized as tools for creating specific patent scopes and, as a result, implementing specific patent theories. One area of patent law that has not been addressed in the discussion on patent scope and theories is patent claim interpretation. This omission is particularly noteworthy because of the substantive role patent claims and the interpretation thereof play in the patent system, namely the framing of questions of patent infringement and validity. This Article will explore the not-yet-discussed relationship between …
Preparing For 2006: A Constitutional Argument For Closing The 527 Soft Money Loophole, Jeffrey P. Geiger
Preparing For 2006: A Constitutional Argument For Closing The 527 Soft Money Loophole, Jeffrey P. Geiger
William & Mary Law Review
No abstract provided.
The Promise Of Internet Intermediary Liability, Ronald J. Mann, Seth R. Belzley
The Promise Of Internet Intermediary Liability, Ronald J. Mann, Seth R. Belzley
William & Mary Law Review
The Internet has transformed the economics of communication, creating a spirited debate about the proper role of federal, state, and international governments in regulating conduct related to the Internet. Many argue that Internet communications should be entirely self-regulated because such communications cannot or should not be the subject of government regulation. The advocates of that approach would prefer a no-regulation zone around Internet communications, based largely on the unexamined view that Internet activity is fundamentally different in a way that justifies broad regulatory exemption. At the same time, some kinds of activity that the Internet facilitates undisputedly violate widely shared …
Government For Hire: Privatizing Foreign Affairs And The Problem Of Accountability Under International Law, Laura A. Dickinson
Government For Hire: Privatizing Foreign Affairs And The Problem Of Accountability Under International Law, Laura A. Dickinson
William & Mary Law Review
No abstract provided.
Sex, Politics, And Morality, Edward L. Rubin
Sex, Politics, And Morality, Edward L. Rubin
William & Mary Law Review
No abstract provided.
An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock
An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock
William & Mary Law Review
No abstract provided.
A Devil Disguised As A Corporate Angel?: Questioning Corporate Charitable Contributions To "Independent" Directors' Organizations, Benjamin E. Ladd
A Devil Disguised As A Corporate Angel?: Questioning Corporate Charitable Contributions To "Independent" Directors' Organizations, Benjamin E. Ladd
William & Mary Law Review
No abstract provided.
The Discourse Of Law In Time Of War: Politics And Professionalism During The Civil War And Reconstruction, Norman W. Spaulding
The Discourse Of Law In Time Of War: Politics And Professionalism During The Civil War And Reconstruction, Norman W. Spaulding
William & Mary Law Review
This Article assesses the role of law and lawyering in time of war by examining how lawyers responded to and were affected by the Civil War and Reconstruction. Although the modern legal profession has its roots in the same time period (legal formalism, education in law schools rather than apprenticeships, Socratic instruction, bar associations, large firm practice, and a distinct brand of constitutional conservatism all emerge in the 1870s), historians of the legal profession have largely ignored the relationship between professional organization and lawyers' experience of the Civil War and Reconstruction.
Before the war period, many elite lawyers were committed …
Legal Realism As Theory Of Law, Michael S. Green
Legal Realism As Theory Of Law, Michael S. Green
William & Mary Law Review
No abstract provided.
A Jury Of One's Peers: Virginia's Restoration Of Rights Process And Its Disproportionate Effect On The African American Community, Amanda L. Kutz
A Jury Of One's Peers: Virginia's Restoration Of Rights Process And Its Disproportionate Effect On The African American Community, Amanda L. Kutz
William & Mary Law Review
No abstract provided.
Recalling Why Corporate Officers Are Fiduciaries, Lyman P.Q. Johnson, David Millon
Recalling Why Corporate Officers Are Fiduciaries, Lyman P.Q. Johnson, David Millon
William & Mary Law Review
No abstract provided.
Making Federalism Doctrine: Fidelity, Institutional Competence, And Compensating Adjustments, Ernest A. Young
Making Federalism Doctrine: Fidelity, Institutional Competence, And Compensating Adjustments, Ernest A. Young
William & Mary Law Review
No abstract provided.
Apportioning The Risk Of Delay In Construction Projects: A Proposed Alternative To The Inadequate "No Damages For Delay" Clause, Carl S. Beattie
Apportioning The Risk Of Delay In Construction Projects: A Proposed Alternative To The Inadequate "No Damages For Delay" Clause, Carl S. Beattie
William & Mary Law Review
No abstract provided.
Aedpa Deference And The Undeveloped State Factual Record: Monroe V. Angelone And New Evidence, Rachel E. Wheeler
Aedpa Deference And The Undeveloped State Factual Record: Monroe V. Angelone And New Evidence, Rachel E. Wheeler
William & Mary Law Review
No abstract provided.
Legislating Accountability: Standards, Sanctions, And School District Reform, Aaron J. Saiger
Legislating Accountability: Standards, Sanctions, And School District Reform, Aaron J. Saiger
William & Mary Law Review
No abstract provided.
Cool Federalism And The Life-Cycle Of Moral Progress, Lawrence G. Sager
Cool Federalism And The Life-Cycle Of Moral Progress, Lawrence G. Sager
William & Mary Law Review
No abstract provided.
Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi
Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi
William & Mary Law Review
No abstract provided.
Interjurisdictional Enforcement Of Rights In A Post-Erie World, Robert A. Schapiro
Interjurisdictional Enforcement Of Rights In A Post-Erie World, Robert A. Schapiro
William & Mary Law Review
No abstract provided.
In A Federal Case, Is The State Constitution Something Important Or Just Another Piece Of Paper?, Randall T. Shepard
In A Federal Case, Is The State Constitution Something Important Or Just Another Piece Of Paper?, Randall T. Shepard
William & Mary Law Review
No abstract provided.