Category: Law Rev (Wm & Mary)


William & Mary Law Review, Issue 54:1 (October 2012)



Justin Pidot, Jurisdictional Procedure

Justin Levitt, Resolving Election Error: The Dynamic Assessment of Materiality

Helen Norton, The Equal Protection Implications of Government’s Hateful Speech

Gideon Parchomovsky & Peter Siegelman, Cities, Property, and Positive Externalities


Vladislava Soshkina, Beyond Morrison: The Effect of the “Presumption Against Extraterritoriality” and the Transactional Test on Foreign Tender Offers

Jarred O. Taylor III, Information Wants to Be Free (Of Sanctions): Why the President Cannot Prohibit Foreign Access to Social Media Under U.S. Export Regulations


William and Mary Law Review, Issue 51:6 (May 2010)



Robin J. Effron, The Plaintiff Neutrality Principle: Pleading Complex Litigation in the Era of Twombly and Iqbal

Grant Hayden & Matthew T. Bodie, Shareholder Democracy and the Curious Turn Toward Board Primacy

Michael M. O’Hear, Appellate Review of Sentences: Reconsidering Deference

David S. Rubenstein, “Relative Checks”: Towards Optimal Control of Administrative Power


Colin P. McCarthy, Paging Dr. Google: Personal Health Records and Patient Privacy

Andrew M. Szlagyi, Blowing Its Cover: How the Intelligence Identities Protection Act Has Masqueraded as an Effective Law and Why It Must Be Amended


William and Mary Law Review, Issue 51:5 (April 2010)



David S. Law & David Zaring, Law Versus Ideology: The Supreme Court and the Use of Legislative History

Jessica Erickson, Corporate Governance in the Courtroom: An Empirical Analysis

Michael B. Kent, Jr., Theoretical Tension and Doctrinal Discord: Analyzing Development Impact Fees as Takings

W. Mark C. Weidemaier, Toward a Theory of Precedent in Arbitration


Jessica R. Coulter, A Sea Change To Change the Sea: Stopping the Spread of the Pacific Garbage Patch with Small-Scale Environmental Legislation


William and Mary Law Review, Issue 51:4 (March 2010)



Fabio Arcila, The Death of Suspicion

Derek Black, Unlocking the Power of State Constitutions with Equal Protection: The First Step Toward Education as a Federally Protected Right

Robert J. Rhee, Bonding Limited Liability

Jeffrey W. Stempel, The Insurance Policy and Social Instrument and Social Institution


Krysta R. Edwards, The Vote from Beyond the Grave

Noah A. Kuschel, Exempting Police from 18 U.S.C. 924(c)


William and Mary Law Review, Issue 51:3 (December 2009)



Alan Devlin & Neel Sukhatme, Self-Realizing Inventions and the Utilitarian Foundation of Patent Law

David Glazier, Playing by the Rules: Combating al Qaeda Within the Law of War

Anita S. Krishnakumar, The Hidden Legacy of Holy Trinity Church: The Unique National Institution Canon

Mark Moller, A New Look at the Original Meaning of the Diversity Clause


Andrew T. Erwin, Avoiding Another Eldorado: Balancing Parental Liberty and the Risk of Error with Governmental Interest in the Well-Being of Children in Complex Cases of Child Removal

Christopher G. Wilson, Embedded Federal Questions, Exclusive Jurisdiction, and Patent-Based Malpractice Claims


William and Mary Law Review, Issue 51:2 (November 2009)


Boundaries of Intellectual Property Symposium

Trotter Hardy, Introduction

Dan L. Burk and Brett H. McDonnell, Trademarks and the Boundaries of the Firm

Jason Mazzone, Administering Fair Use

Pamela Samuelson and Tara Wheatland, Statutory Damages in Copyright Law: A Remedy in Need of Reform

Rebecca Tushnet, Economies of Desire: Fair Use and Marketplace Assumptions

Jane Winn and Nicolas Jondet, A New Deal for End Users? Lessons from a French Innovation in the Regulation of Interoperability

Margo A. Bagley, The New Invention Creation Activity Boundary in Patent Law

John F. Duffy, Rules and Standards on the Forefront of Patentability

Mark A. Lemley, Distinguishing Lost Profits from Reasonable Royalties

Michael J. Meurer, Patent Examination Priorities

Graeme B. Dimwoodie, Developing a Private International Intellectual Property Law: The Demise of Territoriality?

Brett Frischmann, Spillovers Theory and its Conceptual Boundaries

Laura A. Heymann, How to Write a Life: Some Thoughts on Fixaiton and the Copyright/Privacy Divide

Mark P. McKenna, An Alternate Approach to Channeling?

Online Response

Steven Hetcher, A Response to Rebecca Tushnet’s Economies of Desire


William & Mary Law Review, Issue 51:1 (October 2009)



Adam M. Samaha, Randomization in Adjudication

Elizabeth T. Lear, Federalism, Forum Shopping, and the Foreign Injury Paradox

Wayne A. Logan, Contingent Constitutionalism: State and Local Laws and the Applicability of Federal Constitutional Rights

Scott A. Moss and Peter H. Huang, How the New Economics Can Improve Employment Discrimination Law, and How Economics Can Survive the Demise of the Rational Actor


Anna C. Leist, Voting With Their Feet and Dollars: The Role of Investors and the Influence of the Mutual Fund Market in Regulating Fees

Scott J. Upright, Suspicionless Border Seizures of Electronic Files: The Overextension of the Border Search Exception to the Fourth Amendment


William & Mary Law Review, Issue 50:6 (May 2009)



Andrew Koppelman, Corruption of Religion and the Establishment Clause

Thomas A. Lambert, Dr. Miles is Dead. Now What?: Structuring a Rule of Reason for Evaluating Minimum Resale Price Maintenance

Robert T. Miller, The Economics of Deal Risk: Allocating Risk Through MAC Clauses in Business Combination Agreements

Matthew J. Tokson, The Content/Envelope Distinction in Internet Law


Aaron C. Garrett, New Theories of Guilt on Appeal in Virginia Criminal Cases

David W. Tyler, Clarifying Departmentalism: How the Framers’ Vision of Judicial and Presidential Review Makes the Case for Deductive Judicial Supremacy


William & Mary Law Review, Issue 50:5 (April 2009)



Alexandra B. Klass, Tort Experiments in the Laboratories of Democracy

Minna J. Kotkin, Diversity and Discrimination: A Look at Complex Bias

Kurt T. Lash, Leaving the Chisholm Trail: The Eleventh Amendment and the Background Principle of Strict Construction

David L. Schwartz, Courting Specialization: An Empirical Study of Claim Construction Comparing Patent Litigation Before Federal District Courts and the International Trade Commission



Arpan A. Sura, An End-Run Around the Takings Clause? The Law and Economics of Bivens Actions for Property Rights Abuse

Angela J. Tang, Taking Aim at Tiahrt


William & Mary Law Review, Issue 50:4 (March 2009)


Symposium: The Citizen Lawyer

Paul D. Carrington & Roger C. Cramton, Original Sin and Judicial Independence: Providing Accountability for Justices

Lawrence M. Friedman, Some Thoughts about Citizen Lawyers

Robert W. Gordon, The Citizen Lawyer–A Brief History of a Myth with Some Basis in Reality

Bruce A. Green & Russell G. Pearce, “Public Service Must Begin at Home”: The Lawyer as Civics Teacher in Everyday Practice

Sanford Levinson, What Should Citizens (As Participants in a Republican Form of Government) Know About the Constitution?

James E. Moliterno, A Golden Age of Civic Involvement: The Client Centered Disadvantage for Lawyers Acting as Public Officials

W. Taylor Reveley III, The Citizen Lawyer

Deborah L. Rhode, Lawyers as Citizens

Edward Rubin, The Citizen Lawyer and the Administrative State

Mark Tushnet, Citizen as Lawyer, Lawyer as Citizen


Troy L. Gwartney, Harmonizing the Exclusionary Rights of Patents with Compulsory Licensing