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Articles 1 - 30 of 112
Full-Text Articles in Law
Factual Precedents, Allison Orr Larsen
Factual Precedents, Allison Orr Larsen
Faculty Publications
Lawyers and judges speak to each other in a language of precedents—decisions from cases that have come before. The most persuasive precedent to cite, of course, is an on-point decision of the U.S. Supreme Court. But Supreme Court opinions are changing. They contain more factual claims about the world than ever before, and those claims are now rich with empirical data. This Supreme Court factfinding is also highly accessible; fast digital research leads directly to factual language in old cases that is perfect for arguments in new ones. An unacknowledged consequence of all this is the rise of what I …
Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
Faculty Publications
No abstract provided.
The Resilience Of Property, Lynda L. Butler
The Resilience Of Property, Lynda L. Butler
Faculty Publications
Resilience is essential to the ability of property to face transforming social and environmental change. For centuries, property has responded to such change through a dialectical process that identifies emerging disciplinary perspectives and debates conflicting values and norms. This dialectic promotes the resilience of property, allowing it to adapt to changing conditions and needs. Today the mainstream economic theory dominating common law property is progressively being intertwined with constitutionally protected property, undermining its long-term resilience. The coupling of the economic vision of ordinary property with constitutional property embeds the assumptions, choices, and values of the economic theory into both realms …
Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec
Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec
Faculty Publications
Global patent law has raced toward harmonization over the past decades. Countries with vastly different industries, values, and levels of development now offer robust patent rights with similar contours through membership in the World Trade Organization and consequent adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). However, patent law is still far from harmonized among countries or static within countries. Jurisdictions tailor their patent laws to accommodate differences between industries, unforeseen inefficiencies, and diverse views of the costs and benefits associated with offering patent rights to stimulate innovation. Prior scholarly work consists of either doctrinal analyses …
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer
Faculty Publications
No abstract provided.
Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl
Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl
Faculty Publications
When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.
This Article proposes …
Trademark As Promise, Laura A. Heymann
Tax Reform In The 113th Congress: Insights And Analysis, Russell W. Sullivan
Tax Reform In The 113th Congress: Insights And Analysis, Russell W. Sullivan
William & Mary Annual Tax Conference
No abstract provided.
I Want Out – Tax Considerations In Exiting A Partnership, James B. Sowell
I Want Out – Tax Considerations In Exiting A Partnership, James B. Sowell
William & Mary Annual Tax Conference
No abstract provided.
Partnership Current Developments, Robert J. Crnkovich, Steven M. Friedman
Partnership Current Developments, Robert J. Crnkovich, Steven M. Friedman
William & Mary Annual Tax Conference
No abstract provided.
Representing Clients In Audits And Controversies In Today’S Tax Enforcement Environment, Craig D. Bell, William L.S Rowe
Representing Clients In Audits And Controversies In Today’S Tax Enforcement Environment, Craig D. Bell, William L.S Rowe
William & Mary Annual Tax Conference
No abstract provided.
Advising Estate Planning Clients After The 2012 Tax Act, Dennis I. Belcher, Charles D. Fox Iv
Advising Estate Planning Clients After The 2012 Tax Act, Dennis I. Belcher, Charles D. Fox Iv
William & Mary Annual Tax Conference
No abstract provided.
2013 Tax Conference Speakers
William & Mary Annual Tax Conference
No abstract provided.
Something Old, Something New: Structuring And Restructuring Deals In 2013 (And Beyond), Stephen L. Owen
Something Old, Something New: Structuring And Restructuring Deals In 2013 (And Beyond), Stephen L. Owen
William & Mary Annual Tax Conference
No abstract provided.
Compensating Owners And Key Employees Of Partnerships And Llc's, Elizabeth E. Drigotas, Steven R. Schneider
Compensating Owners And Key Employees Of Partnerships And Llc's, Elizabeth E. Drigotas, Steven R. Schneider
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments & Tax Planning For High Income Taxpayers, Cameron N. Cosby, Brian J. O'Connor
Recent Developments & Tax Planning For High Income Taxpayers, Cameron N. Cosby, Brian J. O'Connor
William & Mary Annual Tax Conference
No abstract provided.
Introduction To M&A Tax: S Corporations And Section 336(E), Robert G. Mcelroy, William M. Richardson
Introduction To M&A Tax: S Corporations And Section 336(E), Robert G. Mcelroy, William M. Richardson
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments In Virginia Taxation, Craig D. Bell, William L.S Rowe
Recent Developments In Virginia Taxation, Craig D. Bell, William L.S Rowe
William & Mary Annual Tax Conference
No abstract provided.
Tax Due Diligence, Warranties And Indemnification In Connection With Business Acquisitions Of Private Companies: Selected Topics, Jerald David August
Tax Due Diligence, Warranties And Indemnification In Connection With Business Acquisitions Of Private Companies: Selected Topics, Jerald David August
William & Mary Annual Tax Conference
No abstract provided.
Ehearsay, Jeffrey Bellin
Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government, Chris Olcott, Erica Penn
Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government, Chris Olcott, Erica Penn
Virginia Coastal Policy Center
No abstract provided.
Permanent Replacements: Organized Labor’S Fall, Employment Law’S (Incomplete) Rise, And The Way Forward, Alexander T. Macdonald
Permanent Replacements: Organized Labor’S Fall, Employment Law’S (Incomplete) Rise, And The Way Forward, Alexander T. Macdonald
W&M Law Student Publications
No abstract provided.
The Lanham Act And Why Studios Are Right In Being Cautious, Devan Orr
The Lanham Act And Why Studios Are Right In Being Cautious, Devan Orr
Library Staff Publications
No abstract provided.
Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann
Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann
Faculty Publications
Overlaps exist across various doctrines in federal intellectual property law. Software can be protected under both copyright law and patent law; logos can be protected under both copyright law and trademark law. Design patents provide a particular opportunity to consider the issue of overlap, as an industrial design that qualifies for design patent protection might also, in particular circumstances, qualify for copyright protection as well as function as protectable trade dress.
When an overlap issue arises—that is, when an intellectual property rights holder asserts rights under more than one doctrine—the question then becomes how courts should respond. One response, of …
Shirking, Opportunism, Self-Delusion And More: The Agency Problem Today, Jayne W. Barnard
Shirking, Opportunism, Self-Delusion And More: The Agency Problem Today, Jayne W. Barnard
Faculty Publications
No abstract provided.
Biometric Id Cybersurveillance, Margaret Hu
Biometric Id Cybersurveillance, Margaret Hu
Faculty Publications
The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports are now implanted with radio frequency identification (RFID) technology. In recent proposals, Congress has considered implementing a digitalized biometric identification card—such as a biometric-based, “high-tech” Social Security Card—which may eventually lead to the development of a universal multimodal biometric database (e.g., the collection of the digital photos, fingerprints, iris scans, and/or DNA of all citizens and noncitizens). Such “hightech” IDs, once merged with GPS-RFID tracking …
When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski
When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski
Virginia Coastal Policy Center
No abstract provided.
Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn
Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn
Virginia Coastal Policy Center
No abstract provided.