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2016

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William & Mary Law School

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Articles 1 - 30 of 105

Full-Text Articles in Law

Copyright Law’S Origin Stories, Laura A. Heymann Dec 2016

Copyright Law’S Origin Stories, Laura A. Heymann

Popular Media

No abstract provided.


The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick Dec 2016

The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick

Faculty Publications

This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …


The Amicus Machine, Allison Orr Larsen, Neal Devins Dec 2016

The Amicus Machine, Allison Orr Larsen, Neal Devins

Faculty Publications

The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …


Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades Dec 2016

Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades

Faculty Publications

No abstract provided.


The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec Dec 2016

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Faculty Publications

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization ("WTO ") contemplates that violations of one of its covered agreements may be remedied through "cross-retaliation, " or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent …


Intrapreneurship, Darian M. Ibrahim Dec 2016

Intrapreneurship, Darian M. Ibrahim

Faculty Publications

This Article on “intrapreneurship” has several goals. First, it points out that while much of the legal literature on innovation is concerned with startups (entrepreneurship), the innovation that takes place inside our largest corporations (intrapreneurship) is substantial, important, and understudied. Second, the Article observes that while large technology corporations that used to be startups may remain intrapreneurial in culture, intrapreneurship is less common in the aggregate than we might expect. Reasons include organizational bureaucracy, laws favoring entrepreneurship, and what Clayton Christensen (Harvard Business School) calls “the innovator’s dilemma.” The innovator’s dilemma is, put simply, that good management causes large corporations …


An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts Dec 2016

An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts

Faculty Publications

No abstract provided.


Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent Nov 2016

Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

No abstract provided.


The Constitution Of Agency Statutory Interpretation, Evan J. Criddle Nov 2016

The Constitution Of Agency Statutory Interpretation, Evan J. Criddle

Faculty Publications

No abstract provided.


Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins Nov 2016

Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins

Popular Media

No abstract provided.


The 2016 Stormwater Bill: An Analysis Of Perceived And Real Problems With Proposed Solutions, Jonathon R. Lubrano, Elizabeth A. Andrews, Roy A. Hoagland Nov 2016

The 2016 Stormwater Bill: An Analysis Of Perceived And Real Problems With Proposed Solutions, Jonathon R. Lubrano, Elizabeth A. Andrews, Roy A. Hoagland

Virginia Coastal Policy Center

No abstract provided.


Crowdfunding Without The Crowd, Darian M. Ibrahim Nov 2016

Crowdfunding Without The Crowd, Darian M. Ibrahim

Popular Media

No abstract provided.


2016 Tax Conference Speakers Nov 2016

2016 Tax Conference Speakers

William & Mary Annual Tax Conference

No abstract provided.


2016 Schedule Nov 2016

2016 Schedule

William & Mary Annual Tax Conference

No abstract provided.


Understanding Section 704(C) (Powerpoint), Brian J. O'Connor Nov 2016

Understanding Section 704(C) (Powerpoint), Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


2016 Tax Conference Forms Nov 2016

2016 Tax Conference Forms

William & Mary Annual Tax Conference

No abstract provided.


Understanding Targeted Allocations (Powerpoint), Brian J. O'Connor Nov 2016

Understanding Targeted Allocations (Powerpoint), Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


Understanding Targeted Allocations (Powerpoint), Brian J. O'Connor Nov 2016

Understanding Targeted Allocations (Powerpoint), Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


What To Do Today With The New Partnership (And Llc) Audit Rules, Craig D. Bell, Steven R. Schneider Nov 2016

What To Do Today With The New Partnership (And Llc) Audit Rules, Craig D. Bell, Steven R. Schneider

William & Mary Annual Tax Conference

No abstract provided.


Tax Credits Basics & Update--Historic Tax Credits And New Markets Tax Credits (Powerpoint), Stephen M. Sharkey Nov 2016

Tax Credits Basics & Update--Historic Tax Credits And New Markets Tax Credits (Powerpoint), Stephen M. Sharkey

William & Mary Annual Tax Conference

No abstract provided.


Real Estate Methods And Credits: A Summary Of Recent Developments And Strategies (Powerpoint), Brandon C. Carlton Nov 2016

Real Estate Methods And Credits: A Summary Of Recent Developments And Strategies (Powerpoint), Brandon C. Carlton

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2015-2016, Craig D. Bell, William L.S Rowe, Emily J. Winbigler Nov 2016

Recent Tax Developments In Virginia: 2015-2016, Craig D. Bell, William L.S Rowe, Emily J. Winbigler

William & Mary Annual Tax Conference

No abstract provided.


Background And Framework Of Compensatory Llc Interests (Powerpoint), Brian J. O'Connor Nov 2016

Background And Framework Of Compensatory Llc Interests (Powerpoint), Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State Income Taxes On Trusts (Powerpoint), Richard W. Nenno Nov 2016

Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State Income Taxes On Trusts (Powerpoint), Richard W. Nenno

William & Mary Annual Tax Conference

No abstract provided.


Aligning The Stars- Estate Planning For Entrepreneurs In Interesting Times, Stefan F. Tucker, Tammara Langlieb Nov 2016

Aligning The Stars- Estate Planning For Entrepreneurs In Interesting Times, Stefan F. Tucker, Tammara Langlieb

William & Mary Annual Tax Conference

No abstract provided.


Tax Reform In The Next Administration (Outline), Evan M. Migdail Nov 2016

Tax Reform In The Next Administration (Outline), Evan M. Migdail

William & Mary Annual Tax Conference

No abstract provided.


Let's Look At The Big Picture: Partnership Compensation Issues From The Partnership And Benefits Perspective, Elizabeth E. Drigotas Nov 2016

Let's Look At The Big Picture: Partnership Compensation Issues From The Partnership And Benefits Perspective, Elizabeth E. Drigotas

William & Mary Annual Tax Conference

No abstract provided.


Structuring (And Drafting) Joint Venture Agreements (Powerpoint), Steven R. Schneider, Brian J. O'Connor Nov 2016

Structuring (And Drafting) Joint Venture Agreements (Powerpoint), Steven R. Schneider, Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


Purchase And Sale Ofllc And S Corp Targets (Powerpoint), Robert G. Mcelroy, William M. Richardson Nov 2016

Purchase And Sale Ofllc And S Corp Targets (Powerpoint), Robert G. Mcelroy, William M. Richardson

William & Mary Annual Tax Conference

No abstract provided.


Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State 12 Income Taxes On Trusts (Outline), Richard W. Nenno Nov 2016

Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State 12 Income Taxes On Trusts (Outline), Richard W. Nenno

William & Mary Annual Tax Conference

No abstract provided.