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2005

William & Mary Law School

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Articles 1 - 30 of 200

Full-Text Articles in Law

White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas Dec 2005

White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas

William & Mary Law Review

No abstract provided.


Disparate Impact: Looking Past The Desert Palace Mirage, Charles A. Sullivan Dec 2005

Disparate Impact: Looking Past The Desert Palace Mirage, Charles A. Sullivan

William & Mary Law Review

No abstract provided.


The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl Dec 2005

The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl

William & Mary Law Review

No abstract provided.


Nothing Dismal About It: Researching Environmental Law Without Getting Swamped, Jennifer Sekula Dec 2005

Nothing Dismal About It: Researching Environmental Law Without Getting Swamped, Jennifer Sekula

Library Staff Publications

No abstract provided.


Banging On The Backdoor Draft: The Constitutional Validity Of Stop-Loss In The Military, Evan M. Wooten Dec 2005

Banging On The Backdoor Draft: The Constitutional Validity Of Stop-Loss In The Military, Evan M. Wooten

William & Mary Law Review

No abstract provided.


The Fear Factor: How Fcc Fines Are Chilling Free Speech, Noelle Coates Dec 2005

The Fear Factor: How Fcc Fines Are Chilling Free Speech, Noelle Coates

William & Mary Bill of Rights Journal

No abstract provided.


"So Long As Our System Shall Exist": Myth, History, And The New Federalism, Paul D. Moreno Dec 2005

"So Long As Our System Shall Exist": Myth, History, And The New Federalism, Paul D. Moreno

William & Mary Bill of Rights Journal

This article provides the broad historical context necessary to understand contemporary developments in federalism doctrine. It shows that dual federalism has a long and varied history and that federalism is a content-neutral principle to which both sides in major political contests have appealed. It seeks to show that the predominant perspective on federalism today - that it is an inherently conservative principle - is the result of historical misperception. This article reinterprets the history of American federalism in light of recent historical scholarship concerning various periods: principally the country's founding; slavery, the Civil War, and Reconstruction; the late nineteenth-century social …


Turning A Government Search Into A Permanent Power: Thornton V. United States And The "Progressive Distortion" Of Search Incident To Arrest, George M. Dery Iii, Michael J. Hernandez Dec 2005

Turning A Government Search Into A Permanent Power: Thornton V. United States And The "Progressive Distortion" Of Search Incident To Arrest, George M. Dery Iii, Michael J. Hernandez

William & Mary Bill of Rights Journal

No abstract provided.


Fraud On The Market: Short Sellers' Reliance On Market Price Integrity, Douglas A. Smith Dec 2005

Fraud On The Market: Short Sellers' Reliance On Market Price Integrity, Douglas A. Smith

William & Mary Law Review

No abstract provided.


The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss Dec 2005

The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss

William & Mary Bill of Rights Journal

This term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional. This Article argues that the Court should reverse and uphold the statute because the lower court failed to consider the cartelized nature of legal education and so assumed that law schools are "expressive associations" entitled to assert First Amendment claims; the court also failed to give proper deference to Congress's exercise of its Article I power to raise and support armies and over-valued law faculties' interest …


Cleaning Up The Eighth Amendment Mess, Tom Stacy Dec 2005

Cleaning Up The Eighth Amendment Mess, Tom Stacy

William & Mary Bill of Rights Journal

This article criticizes the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and offers its own understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning the Amendment's text, the Court's own role, and a constitutional requirement of proportionate punishment. In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations of the Clause: (1) a textualist approach; (2) Justice Scalia's understanding that the Clause forbids only punishments unacceptable for all offenses; and (3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. …


A Convenient Blanket Of Secrecy: The Oft-Cited But Nonexistent Housekeeping Privilege, William Bradley Russell Jr. Dec 2005

A Convenient Blanket Of Secrecy: The Oft-Cited But Nonexistent Housekeeping Privilege, William Bradley Russell Jr.

William & Mary Bill of Rights Journal

No abstract provided.


Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz Dec 2005

Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz

William & Mary Bill of Rights Journal

No abstract provided.


Involuntary Conversions I.R.C. Section 1033, R Braxton Hill Iii Nov 2005

Involuntary Conversions I.R.C. Section 1033, R Braxton Hill Iii

William & Mary Annual Tax Conference

No abstract provided.


Disposing Of Overleveraged Real Estate: Thinking Outside The Box, Blake D. Rubin Nov 2005

Disposing Of Overleveraged Real Estate: Thinking Outside The Box, Blake D. Rubin

William & Mary Annual Tax Conference

No abstract provided.


Disposing Of Overleveraged Real Estate: Thinking Outside The Box, Blake D. Rubin, Andrea Macintosh Whiteway Nov 2005

Disposing Of Overleveraged Real Estate: Thinking Outside The Box, Blake D. Rubin, Andrea Macintosh Whiteway

William & Mary Annual Tax Conference

No abstract provided.


Estate Planning For The Successful Real Estate Entrepreneur, Louis A. Mezzullo, Mary Ann Mancini Nov 2005

Estate Planning For The Successful Real Estate Entrepreneur, Louis A. Mezzullo, Mary Ann Mancini

William & Mary Annual Tax Conference

No abstract provided.


Capturing Capital Gain While Staying In The Deal (Slides), Thomas P. Rohman, Richard M. Lipton Nov 2005

Capturing Capital Gain While Staying In The Deal (Slides), Thomas P. Rohman, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.


Preserving Capital Gains In Real Estate Transactions, Stanley L. Blend, Richard M. Lipton Nov 2005

Preserving Capital Gains In Real Estate Transactions, Stanley L. Blend, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.


Like-Kind Exchange Outline, Richard M. Lipton, Thomas P. Rohman Nov 2005

Like-Kind Exchange Outline, Richard M. Lipton, Thomas P. Rohman

William & Mary Annual Tax Conference

No abstract provided.


Tax Planning For Troubled Real Estate - Focus On The Solvent Taxpayer, Susan T. Edlavitch Nov 2005

Tax Planning For Troubled Real Estate - Focus On The Solvent Taxpayer, Susan T. Edlavitch

William & Mary Annual Tax Conference

No abstract provided.


Planning To Pay Estate Taxes, Louis A. Mezzullo Nov 2005

Planning To Pay Estate Taxes, Louis A. Mezzullo

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments Affecting Real Estate And Pass Through Entities, Stefan F. Tucker, Richard M. Lipton Nov 2005

Recent Developments Affecting Real Estate And Pass Through Entities, Stefan F. Tucker, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.


Estate Planning For Real Estate, Mary Ann Mancini, Stefan F. Tucker Nov 2005

Estate Planning For Real Estate, Mary Ann Mancini, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


Like-Kind Exchanges And Involuntary Conversions (Related Articles) Nov 2005

Like-Kind Exchanges And Involuntary Conversions (Related Articles)

William & Mary Annual Tax Conference

No abstract provided.


Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article) Nov 2005

Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article)

William & Mary Annual Tax Conference

No abstract provided.


Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article) Nov 2005

Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article)

William & Mary Annual Tax Conference

No abstract provided.


Like-Kind Exchanges And Involuntary Conversions (Related Articles) Nov 2005

Like-Kind Exchanges And Involuntary Conversions (Related Articles)

William & Mary Annual Tax Conference

No abstract provided.


Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article) Nov 2005

Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article)

William & Mary Annual Tax Conference

No abstract provided.


Real Estate- Preserving Capital Gains, Dealer Issues, Stefan F. Tucker, Brian S. Masterson Nov 2005

Real Estate- Preserving Capital Gains, Dealer Issues, Stefan F. Tucker, Brian S. Masterson

William & Mary Annual Tax Conference

No abstract provided.