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Articles 1 - 30 of 200
Full-Text Articles in Law
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
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
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
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
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
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 Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss
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
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. …
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
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.
Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz
Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz
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
"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 …
A Convenient Blanket Of Secrecy: The Oft-Cited But Nonexistent Housekeeping Privilege, William Bradley Russell Jr.
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.
The Fear Factor: How Fcc Fines Are Chilling Free Speech, Noelle Coates
The Fear Factor: How Fcc Fines Are Chilling Free Speech, Noelle Coates
William & Mary Bill of Rights Journal
No abstract provided.
Fraud On The Market: Short Sellers' Reliance On Market Price Integrity, Douglas A. Smith
Fraud On The Market: Short Sellers' Reliance On Market Price Integrity, Douglas A. Smith
William & Mary Law Review
No abstract provided.
Involuntary Conversions I.R.C. Section 1033, R Braxton Hill Iii
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
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
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
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
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
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
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
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
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
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
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)
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)
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)
William & Mary Annual Tax Conference
No abstract provided.
Like-Kind Exchanges And Involuntary Conversions (Related Articles)
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)
William & Mary Annual Tax Conference
No abstract provided.
Real Estate- Preserving Capital Gains, Dealer Issues, Stefan F. Tucker, Brian S. Masterson
Real Estate- Preserving Capital Gains, Dealer Issues, Stefan F. Tucker, Brian S. Masterson
William & Mary Annual Tax Conference
No abstract provided.