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Articles 1 - 30 of 39

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.


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.


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 Manager's Share, David I. Walker Nov 2005

The Manager's Share, David I. Walker

William & Mary Law Review

It is sometimes argued in the corporate governance literature that the total share of corporate value that can be extracted by a manager is fixed and independent of the avenues through which value is extracted. Shareholders need not worry about an activity such as insider trading, the story goes, because any profits achieved by a manager through insider trading will simply offset conventional compensation. This Article challenges that idea and argues that whether one views the manager's share as being capped by external market forces, set by an optimal principal/agent contract, or limited by saliency and outrage in accordance with …


Inherency, Dan L. Burk, Mark A. Lemley Nov 2005

Inherency, Dan L. Burk, Mark A. Lemley

William & Mary Law Review

No abstract provided.


In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie Nov 2005

In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie

William & Mary Law Review

No abstract provided.


Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman Nov 2005

Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman

William & Mary Law Review

No abstract provided.


Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan Nov 2005

Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan

William & Mary Law Review

No abstract provided.


The Dubious Origins And Dangers Of Clawback And Quick-Peek Agreements: An Argument Against Their Codification In The Federal Rules Of Civil Procedure, Laura Catherine Daniel Nov 2005

The Dubious Origins And Dangers Of Clawback And Quick-Peek Agreements: An Argument Against Their Codification In The Federal Rules Of Civil Procedure, Laura Catherine Daniel

William & Mary Law Review

No abstract provided.


Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia Oct 2005

Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia

William & Mary Law Review

The optimal scope of patent protection is an issue with which patent system observers have struggled for decades. Various patent doctrines have been recognized as tools for creating specific patent scopes and, as a result, implementing specific patent theories. One area of patent law that has not been addressed in the discussion on patent scope and theories is patent claim interpretation. This omission is particularly noteworthy because of the substantive role patent claims and the interpretation thereof play in the patent system, namely the framing of questions of patent infringement and validity. This Article will explore the not-yet-discussed relationship between …


Preparing For 2006: A Constitutional Argument For Closing The 527 Soft Money Loophole, Jeffrey P. Geiger Oct 2005

Preparing For 2006: A Constitutional Argument For Closing The 527 Soft Money Loophole, Jeffrey P. Geiger

William & Mary Law Review

No abstract provided.


The Promise Of Internet Intermediary Liability, Ronald J. Mann, Seth R. Belzley Oct 2005

The Promise Of Internet Intermediary Liability, Ronald J. Mann, Seth R. Belzley

William & Mary Law Review

The Internet has transformed the economics of communication, creating a spirited debate about the proper role of federal, state, and international governments in regulating conduct related to the Internet. Many argue that Internet communications should be entirely self-regulated because such communications cannot or should not be the subject of government regulation. The advocates of that approach would prefer a no-regulation zone around Internet communications, based largely on the unexamined view that Internet activity is fundamentally different in a way that justifies broad regulatory exemption. At the same time, some kinds of activity that the Internet facilitates undisputedly violate widely shared …


Government For Hire: Privatizing Foreign Affairs And The Problem Of Accountability Under International Law, Laura A. Dickinson Oct 2005

Government For Hire: Privatizing Foreign Affairs And The Problem Of Accountability Under International Law, Laura A. Dickinson

William & Mary Law Review

No abstract provided.


Sex, Politics, And Morality, Edward L. Rubin Oct 2005

Sex, Politics, And Morality, Edward L. Rubin

William & Mary Law Review

No abstract provided.


An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock Oct 2005

An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock

William & Mary Law Review

No abstract provided.


A Devil Disguised As A Corporate Angel?: Questioning Corporate Charitable Contributions To "Independent" Directors' Organizations, Benjamin E. Ladd Apr 2005

A Devil Disguised As A Corporate Angel?: Questioning Corporate Charitable Contributions To "Independent" Directors' Organizations, Benjamin E. Ladd

William & Mary Law Review

No abstract provided.


Legal Realism As Theory Of Law, Michael S. Green Apr 2005

Legal Realism As Theory Of Law, Michael S. Green

William & Mary Law Review

No abstract provided.


The Discourse Of Law In Time Of War: Politics And Professionalism During The Civil War And Reconstruction, Norman W. Spaulding Apr 2005

The Discourse Of Law In Time Of War: Politics And Professionalism During The Civil War And Reconstruction, Norman W. Spaulding

William & Mary Law Review

This Article assesses the role of law and lawyering in time of war by examining how lawyers responded to and were affected by the Civil War and Reconstruction. Although the modern legal profession has its roots in the same time period (legal formalism, education in law schools rather than apprenticeships, Socratic instruction, bar associations, large firm practice, and a distinct brand of constitutional conservatism all emerge in the 1870s), historians of the legal profession have largely ignored the relationship between professional organization and lawyers' experience of the Civil War and Reconstruction.

Before the war period, many elite lawyers were committed …


A Jury Of One's Peers: Virginia's Restoration Of Rights Process And Its Disproportionate Effect On The African American Community, Amanda L. Kutz Apr 2005

A Jury Of One's Peers: Virginia's Restoration Of Rights Process And Its Disproportionate Effect On The African American Community, Amanda L. Kutz

William & Mary Law Review

No abstract provided.


Recalling Why Corporate Officers Are Fiduciaries, Lyman P.Q. Johnson, David Millon Mar 2005

Recalling Why Corporate Officers Are Fiduciaries, Lyman P.Q. Johnson, David Millon

William & Mary Law Review

No abstract provided.


Making Federalism Doctrine: Fidelity, Institutional Competence, And Compensating Adjustments, Ernest A. Young Mar 2005

Making Federalism Doctrine: Fidelity, Institutional Competence, And Compensating Adjustments, Ernest A. Young

William & Mary Law Review

No abstract provided.


Legislating Accountability: Standards, Sanctions, And School District Reform, Aaron J. Saiger Mar 2005

Legislating Accountability: Standards, Sanctions, And School District Reform, Aaron J. Saiger

William & Mary Law Review

No abstract provided.


Apportioning The Risk Of Delay In Construction Projects: A Proposed Alternative To The Inadequate "No Damages For Delay" Clause, Carl S. Beattie Mar 2005

Apportioning The Risk Of Delay In Construction Projects: A Proposed Alternative To The Inadequate "No Damages For Delay" Clause, Carl S. Beattie

William & Mary Law Review

No abstract provided.


Aedpa Deference And The Undeveloped State Factual Record: Monroe V. Angelone And New Evidence, Rachel E. Wheeler Mar 2005

Aedpa Deference And The Undeveloped State Factual Record: Monroe V. Angelone And New Evidence, Rachel E. Wheeler

William & Mary Law Review

No abstract provided.


Cool Federalism And The Life-Cycle Of Moral Progress, Lawrence G. Sager Feb 2005

Cool Federalism And The Life-Cycle Of Moral Progress, Lawrence G. Sager

William & Mary Law Review

No abstract provided.


Interjurisdictional Enforcement Of Rights In A Post-Erie World, Robert A. Schapiro Feb 2005

Interjurisdictional Enforcement Of Rights In A Post-Erie World, Robert A. Schapiro

William & Mary Law Review

No abstract provided.


In A Federal Case, Is The State Constitution Something Important Or Just Another Piece Of Paper?, Randall T. Shepard Feb 2005

In A Federal Case, Is The State Constitution Something Important Or Just Another Piece Of Paper?, Randall T. Shepard

William & Mary Law Review

No abstract provided.


Remarks Of Chief Justice William H. Rehnquist, William H. Rehnquist Feb 2005

Remarks Of Chief Justice William H. Rehnquist, William H. Rehnquist

William & Mary Law Review

No abstract provided.