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Articles 1 - 30 of 110
Full-Text Articles in Law
Circumventing Congress: How The Federal Courts Opened The Door To Impeaching Criminal Defendants With Prior Convictions, Jeffrey Bellin
Circumventing Congress: How The Federal Courts Opened The Door To Impeaching Criminal Defendants With Prior Convictions, Jeffrey Bellin
Faculty Publications
This Article spotlights the flawed analytical framework at the heart of the federal courts’ approach to one of the most controversial trial practices in American criminal jurisprudence — the admission of prior convictions to impeach the credibility of defendants who testify. As the Article explains, the flawed approach is a byproduct of the courts’ reliance on a five-factor analytical framework to implement the governing legal standard enacted by Congress in Federal Rule of Evidence 609. Tracing the evolution of the fivefactor framework from its roots in pre-Rule 609 case law, the Article demonstrates that the courts’ reinterpretation of the framework …
Chevron's Consensus, Evan J. Criddle
Personal Residences, Dale P. Burgess
Personal Residences, Dale P. Burgess
William & Mary Annual Tax Conference
No abstract provided.
Troubled Projects, Workouts And Debt Restructurings, Richard Blumenreich
Troubled Projects, Workouts And Debt Restructurings, Richard Blumenreich
William & Mary Annual Tax Conference
No abstract provided.
Revised (And Revised Again) Internal Revenue Code Section 6694 And New Irs Guidance, Brian C. Bernhardt, Craig D. Bell
Revised (And Revised Again) Internal Revenue Code Section 6694 And New Irs Guidance, Brian C. Bernhardt, Craig D. Bell
William & Mary Annual Tax Conference
No abstract provided.
Ventures With Tax-Exempt And Foreign Investors, James H. Lokey, Sara O. Loft
Ventures With Tax-Exempt And Foreign Investors, James H. Lokey, Sara O. Loft
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.
Capturing Capital Gain While Staying In The Deal, Thomas P. Rohman, Todd D. Golub
Capturing Capital Gain While Staying In The Deal, Thomas P. Rohman, Todd D. Golub
William & Mary Annual Tax Conference
No abstract provided.
Like-Kind Exchanges, Robert D. Schachat
Like-Kind Exchanges, Robert D. Schachat
William & Mary Annual Tax Conference
No abstract provided.
Preserving Capital Gains In Real Estate Transactions, Todd D. Golub, Richard M. Lipton
Preserving Capital Gains In Real Estate Transactions, Todd D. Golub, Richard M. Lipton
William & Mary Annual Tax Conference
No abstract provided.
Hot Topics In Virginia Taxation - The Present And The Future?, Craig D. Bell, William L.S. Rowe
Hot Topics In Virginia Taxation - The Present And The Future?, Craig D. Bell, William L.S. Rowe
William & Mary Annual Tax Conference
No abstract provided.
Partnership Allocations: What You Don't Know Can Hurt You, Steven M. Friedman
Partnership Allocations: What You Don't Know Can Hurt You, Steven M. Friedman
William & Mary Annual Tax Conference
No abstract provided.
Estate Planning For Real Estate Investors, Farhad Aghdami
Estate Planning For Real Estate Investors, Farhad Aghdami
William & Mary Annual Tax Conference
No abstract provided.
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
Faculty Publications
This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts have embraced arbitration so fervently, and therefore case law in this area is marked by tension and conflict. The thesis of this Article is that we can better …
Pole Dancing Reprise/Reprieve, Timothy Zick
Election Apparel And The Fashion Police, Timothy Zick
Election Apparel And The Fashion Police, Timothy Zick
Popular Media
No abstract provided.
Activism And Terrorism, Timothy Zick
The University Campus As “Useless Appendage”, Timothy Zick
The University Campus As “Useless Appendage”, Timothy Zick
Popular Media
No abstract provided.
The Sanctity Of Polling Places, Timothy Zick
Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage
Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage
W&M Law Student Publications
No abstract provided.
Involuntary Endogenous Rfid Compliance Monitoring As A Condition Of Federal Supervised Release - Chips Ahoy?, Isaac B. Rosenberg
Involuntary Endogenous Rfid Compliance Monitoring As A Condition Of Federal Supervised Release - Chips Ahoy?, Isaac B. Rosenberg
W&M Law Student Publications
Among the many cutting edge technologies law enforcement agencies increasingly covet is radio frequency identification ("RFID"). Researchers predict RFID will become the most pervasive computer technology in history. Among the more extraordinary and controversial government uses of RFID-and the focus of this Paper-include implantation of subdermal RFID transmitters. Privacy concerns abound. Not surprisingly, critics and privacy advocates are wary of subdermal RFID implants, fearful that only afine line separates relatively innocuous, voluntary implantation from arbitrary government-mandated implantation. But for involuntary implantation of RFID chips to take root, government implantation programs would have to start on the small scale, targeting the …
The (Not So) Puzzling Behavior Of Angel Investors, Darian M. Ibrahim
The (Not So) Puzzling Behavior Of Angel Investors, Darian M. Ibrahim
Faculty Publications
No abstract provided.
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Faculty Publications
Much has been made of the Supreme Court's recent pronouncements on federal civil pleading standards during the latter half of the 2006-2007 Term. Specifically, what will be the fallout from the Court's decision in Bell Atlantic Corp. v. Twombly, a case that abrogated Conley v. Gibson's famous "no set of facts" formulation and supplanted it with a new plausibility pleading standard? This Article attempts to examine and distill the impact of Twombly on the pleading standards that lower federal courts are applying when scrutinizing civil rights claims. Two main approaches emerge: that of courts choosing to continue to apply a …
The Iphone Meets The Fourth Amendment, Adam M. Gershowitz
The Iphone Meets The Fourth Amendment, Adam M. Gershowitz
Faculty Publications
Under the search incident to arrest doctrine, police may search the entire body and immediate grabbing space of an arrestee, including the contents of all containers, without any probable cause. Because almost all traffic infractions are arrestable offenses, police have enormous opportunity to conduct such searches incident to arrest. In the near future, these already high-stakes searches will become even more important because millions of drivers will not only possess containers that hold a few scattered papers, such as wallets or briefcases, but also iPhones—capable of holding tens of thousands of pages of personal information. If current Fourth Amendment jurisprudence …
Diversifying America's Energy Future: The Future Of Renewable Wind Power, Ronald H. Rosenberg
Diversifying America's Energy Future: The Future Of Renewable Wind Power, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Choice Of Law, The Constitution And Lochner, James Y. Stern
Choice Of Law, The Constitution And Lochner, James Y. Stern
Faculty Publications
No abstract provided.
A Darwinist View Of The Living Constitution, Scott Dodson
A Darwinist View Of The Living Constitution, Scott Dodson
Faculty Publications
The metaphor of a “living” Constitution imports terms from biology into law and, in the process, relies on biology for its meaning. A proper understanding of biology is therefore central to understanding the idea of “living” constitutionalism. Yet despite its rampant use by both opponents and proponents of living constitutionalism, and despite the current fervent debate over whether biology can be useful to the law, no one has evaluated the metaphor from a biological perspective. This Essay begins that inquiry in an interdisciplinary study of law, science, and philology. The Essay first evaluates the metaphor as it is currently used …
What Is Urban Health Policy And What's Law Got To Do With It?, Larry I. Palmer
What Is Urban Health Policy And What's Law Got To Do With It?, Larry I. Palmer
Faculty Publications
No abstract provided.
Mandatory Rules, Scott Dodson
Mandatory Rules, Scott Dodson
Faculty Publications
Whether a limitation is jurisdictional or not is an important but often obscure question. In an article published in Northwestern University Law Review, I proposed a framework for courts to resolve the issue in a principled way, but I left open the next logical question: what does it mean if a rule is characterized as nonjurisdictional? Jurisdictional rules generally have a clearly defined set of traits: they are not subject to equitable exceptions, consent, waiver, or forfeiture; they can be raised at any time; and they can be raised by any party or the court sua sponte. This jurisdictional rigidity …
The State Of The First Amendment, Timothy Zick