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2003

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William & Mary Law School

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Articles 1 - 30 of 75

Full-Text Articles in Law

Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick Dec 2003

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 …


Estate Planning Topics, W. Birch Douglass Iii, Dee Ann Remo, Michael L. Layman Nov 2003

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 Nov 2003

The Like Kind Exchange: A Current Review, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


Using Charitable Contribution Planning Opportunities With Family Business Succession Planning, J. William Gray Jr. Nov 2003

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 Nov 2003

Practical Issues When Appraising Privately Held Business, Robert F. Mizell, Craig G. Bell

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 Nov 2003

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.


Recent Developments In Federal Income Taxation, Ira B. Shepard, Mary Ann Cohen Nov 2003

Recent Developments In Federal Income Taxation, Ira B. Shepard, Mary Ann Cohen

William & Mary Annual Tax Conference

No abstract provided.


International Valuation Guidance Note No. 6 Nov 2003

International Valuation Guidance Note No. 6

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 Nov 2003

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.


Analyzing The Noncompensatory Partnership Option Proposed Regulations, Dennis A. Diersen Nov 2003

Analyzing The Noncompensatory Partnership Option Proposed Regulations, Dennis A. Diersen

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2002-2003, William L.S. Rowe Nov 2003

Recent Tax Developments In Virginia: 2002-2003, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Abandoned And Unclaimed Property: The New Virginia Statute, Robert G. Mcelroy Nov 2003

Abandoned And Unclaimed Property: The New Virginia Statute, Robert G. Mcelroy

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 Nov 2003

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.


The Impact Of The 2003 Tax Act On Privately Held Business, Samuel P. Starr Nov 2003

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 Nov 2003

Recent Developments Affecting Real Estate And Pass-Through Entities, Stefan F. Tucker, Jeffrey S. Clark

William & Mary Annual Tax Conference

No abstract provided.


Human Rights And Genetic Discrimination: Protecting Genomics' Promise For Public Health, Anita Silvers, Michael Ashley Stein Oct 2003

Human Rights And Genetic Discrimination: Protecting Genomics' Promise For Public Health, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.


Using Statutes To Set Legislative Rules: Entrenchment, Separation Of Powers, And The Rules Of Proceedings Clause, Aaron-Andrew P. Bruhl Oct 2003

Using Statutes To Set Legislative Rules: Entrenchment, Separation Of Powers, And The Rules Of Proceedings Clause, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.


Copyrighting Facts, Michael S. Green Oct 2003

Copyrighting Facts, Michael S. Green

Faculty Publications

No abstract provided.


Rhetorically Reasonable Police Practices: Viewing The Supreme Court's Multiple Discourse Paths, Kathryn R. Urbonya Oct 2003

Rhetorically Reasonable Police Practices: Viewing The Supreme Court's Multiple Discourse Paths, Kathryn R. Urbonya

Faculty Publications

This Article analyzes the United States Supreme Court's numerous and shifting rhetorical discourse paths for declaring whether particular governmental practices constituted unreasonable searches or seizures under the Fourth Amendment to the United States Constitution. It examines how the Court has manipulated classic discourse paths arising from text, history, precedent and structure. It reveals that among and within each of these categories, the Court has created conflicting approaches. The Article argues that the Court's construction of Fourth Amendment reasonableness has depended upon which discourse paths it has selected as well as how it has characterized the values embedded within the discourse …


Envisioning A Global Legal Culture, Charles H. Koch Jr. Oct 2003

Envisioning A Global Legal Culture, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


W & M Law School Came First. Why Care?, W. Taylor Reveley Iii Oct 2003

W & M Law School Came First. Why Care?, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.


Section 2: Judicial Confirmation Process, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 2: Judicial Confirmation Process, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 1: Moot Court, Locke V. Davey, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 1: Moot Court, Locke V. Davey, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 5: First Amendment & Election Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 5: First Amendment & Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 3: Gay Rights After Lawrence, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 3: Gay Rights After Lawrence, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 10: Also This Term, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 10: Also This Term, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 9: Looking Ahead, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 9: Looking Ahead, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.