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Articles 1 - 30 of 91
Full-Text Articles in Law
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
Faculty Publications
We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.
Taking My Leave, Timothy Zick
Health Care And The Un Disability Rights Convention, Michael Ashley Stein, Penelope J S Stein, Dorothy Weiss, Raymond Lang
Health Care And The Un Disability Rights Convention, Michael Ashley Stein, Penelope J S Stein, Dorothy Weiss, Raymond Lang
Popular Media
No abstract provided.
Flipping The Bird, Timothy Zick
Foreign Contacts And The First Amendment, Timothy Zick
Foreign Contacts And The First Amendment, Timothy Zick
Popular Media
No abstract provided.
Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick
Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick
Popular Media
No abstract provided.
Fifth Avenue Freeze-Out, Timothy Zick
Free Speech And Civil Liability, Timothy Zick
Washington Tax Legislative Update: Weathering The Gathering Storm, Jonathan Talisman
Washington Tax Legislative Update: Weathering The Gathering Storm, Jonathan Talisman
William & Mary Annual Tax Conference
No abstract provided.
Estate Planning For 2010 And Beyond, Ronald D. Aucutt
Estate Planning For 2010 And Beyond, Ronald D. Aucutt
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.
The Virginia Historic Tax Credit Funds Case And The Uncertain Federal Income Tax Treatment Of State Tax Credits, William F. Machen
The Virginia Historic Tax Credit Funds Case And The Uncertain Federal Income Tax Treatment Of State Tax Credits, William F. Machen
William & Mary Annual Tax Conference
No abstract provided.
The Changing Landscape Of Tax Administration: Hot Topics Of Irs Audits Of Partnerships And S Corporations (Slides), Robert D. Schachat, Deborah M. Nolan
The Changing Landscape Of Tax Administration: Hot Topics Of Irs Audits Of Partnerships And S Corporations (Slides), Robert D. Schachat, Deborah M. Nolan
William & Mary Annual Tax Conference
No abstract provided.
Cross-Border Speech Conflicts, Timothy Zick
Making Chicken Salad - Monetizing Tax Losses (Slides), Steven M. Friedman, Glenn M. Johnson
Making Chicken Salad - Monetizing Tax Losses (Slides), Steven M. Friedman, Glenn M. Johnson
William & Mary Annual Tax Conference
No abstract provided.
Debt Workouts For Partnerships And S Corporations (Slides), Peter J. Genz
Debt Workouts For Partnerships And S Corporations (Slides), Peter J. Genz
William & Mary Annual Tax Conference
No abstract provided.
Beyond First Blushes And Gut Reactions: Planning For The Coming Tax Increases (Slides), Mitchell A. Drossman
Beyond First Blushes And Gut Reactions: Planning For The Coming Tax Increases (Slides), Mitchell A. Drossman
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments In Virginia Taxation: The Present And The Future?, Craig D. Bell, William L.S Rowe
Recent Developments In Virginia Taxation: The Present And The Future?, Craig D. Bell, William L.S Rowe
William & Mary Annual Tax Conference
No abstract provided.
The Office Of Professional Responsibility - Mission And Structure (Slides)
The Office Of Professional Responsibility - Mission And Structure (Slides)
William & Mary Annual Tax Conference
No abstract provided.
Tax Issues In Real Estate Workouts, Peter J. Genz
Tax Issues In Real Estate Workouts, Peter J. Genz
William & Mary Annual Tax Conference
No abstract provided.
Property As/And Constitutional Settlement, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Popular Media
No abstract provided.
Free Speech And The Furrier, Timothy Zick
Displacement, Timothy Zick
Buffers, Bubbles, And Abortion Speech, Timothy Zick
Buffers, Bubbles, And Abortion Speech, Timothy Zick
Popular Media
No abstract provided.
Speech And The Identity Crisis, Timothy Zick
A Pragmatic Defense Of Contract Law, Nathan B. Oman
A Pragmatic Defense Of Contract Law, Nathan B. Oman
Faculty Publications
No abstract provided.
Blogging Etiquette: Blawpologies And Self-Promotion, Timothy Zick
Blogging Etiquette: Blawpologies And Self-Promotion, Timothy Zick
Popular Media
No abstract provided.
The Structural Case For Vertical Maximalism, Tara Leigh Grove
The Structural Case For Vertical Maximalism, Tara Leigh Grove
Faculty Publications
Many prominent jurists and scholars, including those with outlooks as diverse as Chief Justice John Roberts and Cass Sunstein, have recently advocated a “minimalist” approach to opinion writing at the Supreme Court. They assert that the Court should issue narrow, fact-bound decisions that do not resolve much beyond the case before it. I argue that minimalism, as employed by the current Supreme Court, is in tension with the structure of the Constitution. Article III and the Supremacy Clause, along with historical evidence from the Founding Era, suggest that the Constitution creates a hierarchical judiciary and gives the Court a “supreme” …
What Kinds Of Statutory Restrictions Are Jurisdictional?, Scott Dodson
What Kinds Of Statutory Restrictions Are Jurisdictional?, Scott Dodson
Faculty Publications
Section 411(a) of the Copyright Act of 1976 provides that “no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made.” In this case, a district court approved a class action settlement that purported to resolve both registered and unregistered copyright claims. The Supreme Court is being asked to decide whether that registration requirement is a limitation on federal court subject-matter jurisdiction.
2009-2010 Supreme Court Preview: Schedule, Institute Of Bill Of Rights Law, William & Mary Law School
2009-2010 Supreme Court Preview: Schedule, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.