William and Mary Law Review

COPYRIGHT TV Trade Media, Inc.
COPYRIGHT GALE, Cengage Learning. All rights reserved.

COPYRIGHT GALE, Cengage Learning. All rights reserved

from January 1997
Last Number: May 2023

College of William and Mary, Marshall Wythe School of Law
ISSN 0043-5589


Cantidad de documentos en esta fuente: 1171

March 01, 1999

  • Expressive liberty, moral pluralism, political pluralism: three sources of liberal theory.

  • Reconstructing Galston's conception of state neutrality.

  • Devlin was right: law and the enforcement of morality.

  • Moral reasons and the limitation of liberty.

  • Crimes against autonomy: Gerald Dworkin on the enforcement of morality.

  • Wireless facilities are a towering problem: how can local zoning boards make the call without violating section 704 of the Telecommunications Act of 1996?

  • Waiver of the right to appeal sentencing in plea agreements with the federal government.

    • April 01, 1999

  • Arbitration and reform in private securities litigation: dealing with the meritorious as well as the frivolous.

  • Gazing into the crystal ball: reflections on the standards state judges should use to ascertain federal law.

  • Of textualism, party autonomy, and good faith.

  • Conflicts of interest in scientific expert testimony.

  • Customary international law and international human rights litigation in United States courts: revitalizing the legacy of the Paquete Habana.

  • Fighting the devil we don't know: Kansas v. Hendricks, a case study exploring the civilization of criminal punishment and its ineffectiveness in preventing child sexual abuse.

    • May 01, 1999

  • The Founders and the president's authority over foreign affairs.

  • Evidence myopia: the failure to see the Federal Rules of Evidence as a codification of the common law.

  • Nomos, narrative, and adjudication: toward a jurisgenetic theory of law.

  • We the People: Transformations.

  • Riding on a diamond in the sky: the DBS set-aside provisions of the 1992 Cable Act.

  • SEC Rule 14e-3 in the wake of United States v. O'Hagan: proper prophylactic scope and the future of warehousing.

    • December 01, 1999

  • Introduction.

  • Will, judgment, and economic liberty: Mr. Justice Souter and the mistranslation of the Due Process Clause.

  • The fragmented liberty clause.

  • Lost fidelities.

  • Fidelity, basic liberties, and the specter of Lockner.

  • The inevitable infidelities of constitutional translation: the case of the New Deal.

  • Lochner, parity, and the Chinese laundry.

  • The fiscal powers and the 1930s: entrenchment.

  • A one shot deal: the National Childhood Vaccine Injury Act.

  • Power, policy, and the Hyde Amendment: ensuring sound judicial interpretation of the criminal attorneys' fees law.

    • February 01, 2000

  • Promises and paternalism.

  • Empowering stakeholders; limits on collaboration as the basis for flexible regulation.

  • Depoliticizing financial regulation.

  • The easy case for derivatives use: advocating a corporate fiduciary duty to use derivatives.

  • Admiralty and federalism in the wake of Yamaha Motor Corp., USA v. Calhoun: is Yamaha a cry by the judiciary for legislative action in state territorial waters?

  • Implied-in-fact contracts under the Federal Acquisition Regulation: why PacOrd got it wrong.

    • March 01, 2000

  • On the nature of federal bankruptcy jurisdiction: a general statutory and constitutional theory.

  • The dead end of deterrence, and beyond.

  • The people made me do it: can the people of the states instruct and coerce their state legislatures in the Article V constitutional amendment process?

  • Misconceived laws: the irrationality of parental involvement requirements for contraception.

  • Good intentions, but unintended consequences: expanding Virginia's manufacturing tax exemption.

    • April 01, 2000

  • Recalibrating the cost of harm advocacy: getting beyond Brandenburg.

  • Forensic constitutional interpretation.

  • A strategy for mercy.

  • A wrong step in the right direction: the National Taxpayer Advocate and the 1998 IRS Restructuring and Reform Act.

  • Judicial review and the Small Business Regulatory Enforcement Fairness Act: an early examination of when and where judges are federal regulatory agencies.

    • May 01, 2000

  • Enterpreting agency enabling acts: misplaced metaphors in administrative law.

  • eciding to decide: class action certification and interlocutory review by the United States Courts of Appeals under Rule 23(f).

  • Alden v. Maine and the jurisprudence of structure.

  • Introduction.

  • Humanitarian intervention at a crossroads.