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Articles 1 - 30 of 165
Full-Text Articles in Law
The Political Economy Of International Antitrust Harmonization, John O. Mcginnis
The Political Economy Of International Antitrust Harmonization, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
William & Mary Law Review
No abstract provided.
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
William & Mary Bill of Rights Journal
No abstract provided.
Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin
Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin
William & Mary Bill of Rights Journal
The U.S. government maintains a vast amount of personally-identifiable information on millions of American citizens. Much of this information is contained in electronic databases maintained by federal agencies. Various Freedom of Information Act (FOIA) requesters, such as journalists, marketers, and union organizers seek this information for different purposes including investigative reporting and targeted solicitations. These kinds of uses are known as "derivative uses" because this government-compiled information is requested for purposes other than the official purposes for which the information was originally gathered. These and other derivative uses of personally-identifiable information often implicate privacy concerns. Conversely, restrictions on public access …
Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor
William & Mary Law Review
No abstract provided.
"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal
"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal
William & Mary Law Review
No abstract provided.
The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn
The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn
William & Mary Bill of Rights Journal
No abstract provided.
Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick
Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick
Faculty Publications
The absence of neutrality and objectivity in constitutional decision-making has vexed scholars and courts. In this Article, the author describes and analyzes "constitutional empiricism," a trend instituted by the Rehnquist Court, which is characterized by judicial reliance in constitutional review on empirical and scientific conventions and processes. Courts have generally relied upon traditional sources, such as text and history, to interpret consititutional powers and rights. In its search for neutrality and objectivity, however, the Court has recently turned not only to social science and other data, which are fast becoming common sources of interpretation, but also to the precepts and …
Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer
Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer
William & Mary Bill of Rights Journal
Why do the people and institutions of democratic states, and in particular those of the United States, obey judges ? This article examines the foundations of judicial authority in the United States. This authority is grounded on principles of dominance derived from the organization of institutional religion. The judge in Western states asserts authority on the same basis as the priest - but not the priest as conventionally understood. Rather, the authority of the judge in modern Western democratic states is better understood when viewed through the analytical lens of priestly function developed in the philosophy of Friedrich Nietzsche. Focusing …
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
William & Mary Bill of Rights Journal
The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.
What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson
What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson
William & Mary Bill of Rights Journal
Due to the ease of Internet searching, Congress has passed the Child Online Protection Act to protect children from sexually explicit material. Although the Supreme Court has not directly decided the issue, it has hinted that the Act may survive a First Amendment challenge. In this Note, the author argues reasons why the Act should not survive a First Amendment challenge, and that measures such as parental empowerment via government-facilitated use of Internet filtering software are preferable
Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf
Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf
William & Mary Bill of Rights Journal
The juvenile justice system has become increasingly punitive in recent decades. While the juvenile justice system has come to resemble the adult system in this way, juveniles facing adjudication nevertheless are denied the essential Sixth Amendment due process right. This Note will argue that the Louisiana Supreme Court decided State ex rel. D.J. incorrectly and, further, will demonstrate that the nation as a whole should revisit the place of juries in juvenile proceedings.
Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley
Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley
William & Mary Law Review
This Article explores the U.S. "patent first, ask questions later" approach to determining what subject matter should receive patent protection. Under this approach, the US. Patent and Trademark Office (USPTO or the Agency) issues patents on "anything under the sun made by man," and to the extent a patent's subject matter is sufficiently controversial, Congress acts retrospectively in assessing whether patents should issue on such inventions. This practice has important ramifications for morally controversial biotechnology patents specifically, and for American society generally. For many years ajudicially created "moral utility" doctrine served as a type of gatekeeper of patent subject matter …
The Purpose Of Lawyer Discipline, Fred C. Zacharias
The Purpose Of Lawyer Discipline, Fred C. Zacharias
William & Mary Law Review
No abstract provided.
International Valuation Guidance Note No. 6
International Valuation Guidance Note No. 6
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments In Federal Income Taxation, Ira B. Shepard, Mary Ann Cohen
Recent Developments In Federal Income Taxation, Ira B. Shepard, Mary Ann Cohen
William & Mary Annual Tax Conference
No abstract provided.
Using Charitable Contribution Planning Opportunities With Family Business Succession Planning, J. William Gray Jr.
Using Charitable Contribution Planning Opportunities With Family Business Succession Planning, J. William Gray Jr.
William & Mary Annual Tax Conference
No abstract provided.
Practical Issues When Appraising Privately Held Business, Robert F. Mizell, Craig G. Bell
Practical Issues When Appraising Privately Held Business, Robert F. Mizell, Craig G. Bell
William & Mary Annual Tax Conference
No abstract provided.
Estate Planning Topics, W. Birch Douglass Iii, Dee Ann Remo, Michael L. Layman
Estate Planning Topics, W. Birch Douglass Iii, Dee Ann Remo, Michael L. Layman
William & Mary Annual Tax Conference
No abstract provided.
The Like Kind Exchange: A Current Review, Stefan F. Tucker
The Like Kind Exchange: A Current Review, Stefan F. Tucker
William & Mary Annual Tax Conference
No abstract provided.
Income, Gift And Estate Tax Smart Ways To Save For College: Section 529 Plans, Esas & More, James W.C. Canup, Diana F. Cantor
Income, Gift And Estate Tax Smart Ways To Save For College: Section 529 Plans, Esas & More, James W.C. Canup, Diana F. Cantor
William & Mary Annual Tax Conference
No abstract provided.
Analyzing The Noncompensatory Partnership Option Proposed Regulations, Dennis A. Diersen
Analyzing The Noncompensatory Partnership Option Proposed Regulations, Dennis A. Diersen
William & Mary Annual Tax Conference
No abstract provided.
Use Of Limited Liability Entities In Tax Strategies And Techniques For Business Acquisitions And Dispositions, Thomas P. Rohman
Use Of Limited Liability Entities In Tax Strategies And Techniques For Business Acquisitions And Dispositions, Thomas P. Rohman
William & Mary Annual Tax Conference
No abstract provided.
Selected Buyer And Seller Issues When Contemplating M&A Transactions In An Uncertain Economy, Thomas R. Frantz
Selected Buyer And Seller Issues When Contemplating M&A Transactions In An Uncertain Economy, Thomas R. Frantz
William & Mary Annual Tax Conference
No abstract provided.
Abandoned And Unclaimed Property: The New Virginia Statute, Robert G. Mcelroy
Abandoned And Unclaimed Property: The New Virginia Statute, Robert G. Mcelroy
William & Mary Annual Tax Conference
No abstract provided.
The Impact Of The 2003 Tax Act On Privately Held Business, Samuel P. Starr
The Impact Of The 2003 Tax Act On Privately Held Business, Samuel P. Starr
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments Affecting Real Estate And Pass-Through Entities, Stefan F. Tucker, Jeffrey S. Clark
Recent Developments Affecting Real Estate And Pass-Through Entities, Stefan F. Tucker, Jeffrey S. Clark
William & Mary Annual Tax Conference
No abstract provided.
Recent Tax Developments In Virginia: 2002-2003, William L.S. Rowe
Recent Tax Developments In Virginia: 2002-2003, William L.S. Rowe
William & Mary Annual Tax Conference
No abstract provided.
Copyrighting Facts, Michael S. Green
Beyond The Dirty Dozen: The Bush Administration's Cautious Approach To Listing New Persistent Organic Pollutants And The Future Of The Stockholm Convention, Pep Fuller, Thomas O. Mcgarity
Beyond The Dirty Dozen: The Bush Administration's Cautious Approach To Listing New Persistent Organic Pollutants And The Future Of The Stockholm Convention, Pep Fuller, Thomas O. Mcgarity
William & Mary Environmental Law and Policy Review
No abstract provided.