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Articles 31 - 49 of 49
Full-Text Articles in Law
The Content/Envelope Distinction In Internet Law, Matthew J. Tokson
The Content/Envelope Distinction In Internet Law, Matthew J. Tokson
William & Mary Law Review
Whether a component of an Internet communication is classified as "content" or "envelope" information determines in large part the privacy protection it receives under constitutional and statutory law. Courts and Internet law scholars have yet to offer a means of determining the content/envelope status of unique aspects of Internet communications-from email subject lines to website URLs. As a result, data with the potential to expose every website, every Internet file downloaded, and every email sent by an Internet user may be unprotected under current law.
This Article develops a legal framework for distinguishing content from envelope information in unique areas …
Clarifying Departmentalism: How The Framers' Vision Of Judicial And Presidential Review Makes The Case For Deductive Judicial Supremacy, David W. Tyler
Clarifying Departmentalism: How The Framers' Vision Of Judicial And Presidential Review Makes The Case For Deductive Judicial Supremacy, David W. Tyler
William & Mary Law Review
No abstract provided.
An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura
An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura
William & Mary Law Review
No abstract provided.
Courting Specialization: An Empirical Study Of Claim Construction Comparing Patent Litigation Before Federal District Courts And The International Trade Commission, David L. Schwartz
Courting Specialization: An Empirical Study Of Claim Construction Comparing Patent Litigation Before Federal District Courts And The International Trade Commission, David L. Schwartz
William & Mary Law Review
The United States International Trade Commission (ITC) has recently become an important adjudicator of patent infringement disputes, and the administrative law judges (ALJs) on the ITC are widely viewed as experts on patent law. This Article empirically examines the performance of the ITC in patent claim construction cases. The Article also compares the performance of the ITC on claim construction with that of federal district courts of general jurisdiction. This study does not find any evidence that the patent-experienced ALJs of the ITC are more accurate at claim construction than district court judges or that the ALJs learn from the …
Taking Aim At Tiahrt, Angela Jacqueline Tang
Taking Aim At Tiahrt, Angela Jacqueline Tang
William & Mary Law Review
No abstract provided.
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
William & Mary Law Review
This Article considers the broad range of "tort experiments" states have undertaken in recent years, as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, while states have limited tort rights and remedies in the products liability and personal injury areas in recent years, they have at the same time increased tort rights and remedies to address new societal problems associated with privacy, publicity, consumer protection, and environmental harm. At the same time, however, Congress has eliminated state tort law entirely in targeted areas without replacing it with corresponding federal remedies. The Supreme …
Leaving The Chisholm Trail: The Eleventh Amendment And The Background Principle Of Strict Construction, Kurt T. Lash
Leaving The Chisholm Trail: The Eleventh Amendment And The Background Principle Of Strict Construction, Kurt T. Lash
William & Mary Law Review
No abstract provided.
Diversity And Discrimination: A Look At Complex Bias, Minna J. Kotkin
Diversity And Discrimination: A Look At Complex Bias, Minna J. Kotkin
William & Mary Law Review
Multiple claims have become a fixture of employment discrimination litigation. It is common, if not ubiquitous, for court opinions to begin with a version of the following litany: 'Plaintiff brings this action under Title VII and the ADEA for race, age, and gender discrimination. "Equal Employment Opportunity Commission (EEOC) statistics show exponential growth in multiple claims in part because its intake procedures lead claimants to describe their multiple identities, at a time when they have little basis upon which to parse a specific category of bias. But increased diversity in workplace demographics suggests that frequently, disparate treatment may in fact …
A Golden Age Of Civic Involvement: The Client Centered Disadvantage For Lawyers Acting As Public Officials, James E. Moliterno
A Golden Age Of Civic Involvement: The Client Centered Disadvantage For Lawyers Acting As Public Officials, James E. Moliterno
William & Mary Law Review
No abstract provided.
The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon
The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon
William & Mary Law Review
No abstract provided.
Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton
Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton
William & Mary Law Review
No abstract provided.
Citizen As Lawyer, Lawyer As Citizen, Mark Tushnet
Citizen As Lawyer, Lawyer As Citizen, Mark Tushnet
William & Mary Law Review
No abstract provided.
Some Thoughts About Citizen Lawyers, Lawrence M. Friedman
Some Thoughts About Citizen Lawyers, Lawrence M. Friedman
William & Mary Law Review
No abstract provided.
The Citizen Lawyer And The Administrative State, Edward Rubin
The Citizen Lawyer And The Administrative State, Edward Rubin
William & Mary Law Review
No abstract provided.
Harmonizing The Exclusionary Rights Of Patents With Compulsory Licensing, Troy L. Gwartney
Harmonizing The Exclusionary Rights Of Patents With Compulsory Licensing, Troy L. Gwartney
William & Mary Law Review
No abstract provided.
The Citizen Lawyer, W. Taylor Reveley Iii
The Citizen Lawyer, W. Taylor Reveley Iii
William & Mary Law Review
No abstract provided.
Lawyers As Citizens, Deborah L. Rhode
"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce
"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce
William & Mary Law Review
No abstract provided.
What Should Citizens (As Participants In A Republican Form Of Government) Know About The Constitution?, Sanford Levinson
What Should Citizens (As Participants In A Republican Form Of Government) Know About The Constitution?, Sanford Levinson
William & Mary Law Review
No abstract provided.