Law Commons^™

It's Still Too Easy To Push Blacks, Minorities Off Of Juries, Jeffrey Bellin

Popular Media

No abstract provided.

Were The 1982 Merger Guidelines Old News?, Alan J. Meese, Sarah L. Stafford

Faculty Publications

This paper examines the impact of the 1982 Department of Justice Merger Guidelines on the stock market prices of publicly traded firms in the United States. We argue that those Guidelines were perceived by the market as a real change in enforcement policy that would result in substantial deregulation of mergers throughout the economy. We conduct an event study of S&P 500 firms to test this hypothesis and find evidence of a significant positive effect on the stock prices of firms in moderately concentrated industries subject to antitrust regulation, the firms for which the 1982 Guidelines articulate a substantially less …

One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl

Faculty Publications

This Article concerns an aspect of Article III standing that has played a role in many of the highest-profile controversies of recent years, including litigation over the Affordable Care Act, immigration policy, and climate change. Although the federal courts constantly emphasize the importance of ensuring that only proper plaintiffs invoke the federal judicial power, the Supreme Court and other federal courts have developed a significant exception to the usual requirement of standing. This exception holds that a court entertaining a multiple-plaintiff case may dispense with inquiring into the standing of each plaintiff as long as the court finds that one …

Justice Scalia's Other Standing Legacy, Tara Leigh Grove

Faculty Publications

No abstract provided.

Orwell's 1984 And A Fourth Amendment Cybersurveillance Nonintrusion Test, Margaret Hu

Faculty Publications

This Article describes a cybersurveillance nonintrusion test under the Fourth Amendment that is grounded in evolving customary law to replace the reasonable expectation of privacy test formulated in Katz v. United States. To illustrate how customary law norms are shaping modern Fourth Amendment jurisprudence, this Article examines the recurrence of judicial references to George Orwell’s novel, 1984, within the Fourth Amendment context when federal courts have assessed the constitutionality of modern surveillance methods. The Supreme Court has indicated that the Fourth Amendment privacy doctrine must now evolve to impose meaningful limitations on the intrusiveness of new surveillance technologies. …

Report To The Governor And The Chairmen Of The House Committee On Agriculture, Chesapeake And Natural Resources And The Senate Committee On Agriculture, Conservation And Natural Resources, Pursuant To House Bill 1774, Commonwealth Center For Recurrent Flooding Resiliency

Virginia Coastal Policy Center

This report was required by House Bill 1774 (2017), in which the General Assembly requested that the Commonwealth Center for Recurrent Flooding Resiliency convene a workgroup to study the administration of the Commonwealth’s current stormwater management program, as well as the potential treatment and use of water in roadside ditches in rural, Tidewater Virginia localities.

Under the Virginia Stormwater Management Act, the Department of Environmental Quality administers stormwater management requirements for any localities that opt out of becoming a Virginia Stormwater Management Program authority, but only for land disturbances of one acre or more that are covered by the Virginia …

Crowdfunding Signals, Darian M. Ibrahim

Popular Media

No abstract provided.

Protests In Peril, Timothy Zick

Faculty Publications

No abstract provided.

The Satellite Has No Conscience: §230 In A World Of ‘Alternative Facts’, Laura A. Heymann

Popular Media

No abstract provided.

2017 Tax Conference Speakers

William & Mary Annual Tax Conference

No abstract provided.

2017 Tax Conference Forms

William & Mary Annual Tax Conference

No abstract provided.

Recent Changes To Rules Governing Disguised Sale And Debt Allocations, Blake D. Rubin, Andrea M. Whiteway, Maximilian Pakaluk

William & Mary Annual Tax Conference

No abstract provided.

2017 Schedule

William & Mary Annual Tax Conference

No abstract provided.

Partnership Character Planning Before And After The Audit, Steven R. Schneider, Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.

Recent Developments In Virginia Taxation, Craig D. Bell, William L.S Rowe

William & Mary Annual Tax Conference

No abstract provided.

Tax Reform: Technical Summary Outline, Evan M. Migdail

William & Mary Annual Tax Conference

No abstract provided.

Impact Of Tax Reform On Partnerships/Recent Changes To Rules Governing Disguised Sale And Debt Allocations (Powerpoint), Andrea M. Whiteway, Maximilian Pakaluk

William & Mary Annual Tax Conference

No abstract provided.

Qualified And Nonqualified Deferred Compensation Plans In Small Businesses: Creative Uses And Problem Solving (Powerpoint), Richard C. Mapp Iii, John M. Peterson, Robert Q. Johnson

William & Mary Annual Tax Conference

No abstract provided.

Resolving Identity Theft Issues (Powerpoint), Diana Leyden, Keith Fogg, Craig D. Bell

William & Mary Annual Tax Conference

No abstract provided.

Resolving Identity Theft Issues, Diana Leyden, Keith Fogg, Craig D. Bell

William & Mary Annual Tax Conference

No abstract provided.

Don't Discount Discounts: Valuation Of Closely Held Businesses In A Changing Regulatory Environment, William I. Sanderson, Michael H. Barker

William & Mary Annual Tax Conference

No abstract provided.

Corporate Tax Developments: Tax Reform And Beyond (Power Point), Lisa M. Zarlenga, Cameron Arterton

William & Mary Annual Tax Conference

No abstract provided.

Politics Of Tax Reform: Outline, Evan M. Migdail

William & Mary Annual Tax Conference

No abstract provided.

Like-Kind Exchanges And Avoiding Dealer Status (Powerpoint), Robert D. Schachat

William & Mary Annual Tax Conference

No abstract provided.

Federal Tax Update (Powerpoint), Stephen L. Owen

William & Mary Annual Tax Conference

No abstract provided.

Creative Communities And Intellectual Property Law, Laura A. Heymann

Popular Media

No abstract provided.

Crimmigration-Counterterrorism, Margaret Hu

Faculty Publications

The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of “crimmigrationcounterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” to …

Taxing Systemic Risk, Eric D. Chason

Faculty Publications

A tax on the harmful elements of finance—a tax on systemic risk—would raise revenue and also lower the likelihood of future crisis. Financial institutions, which pay the tax, would try to minimize its cost by lowering their systemic risk. In theory, a tax on systemic risk is perfect policy. In practice, however, this perfect policy is unattainable. Tax laws need clear definitions to be administrable. Our current understanding of systemic risk is too abstract and too metaphorical to serve as a target for taxation.

Despite the absence of a clear definition of systemic risk, academics and policy makers continue to …

Algorithmic Jim Crow, Margaret Hu

Faculty Publications

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on …

Defending Our Coasts: Ensuring Military Readiness & Economic Viability As Waters Rise, Deborah Kornblut, Angela King, Virginia Coastal Policy Center

Virginia Coastal Policy Center

No abstract provided.