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William & Mary Law School Scholarship Repository

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    Content Posted in 2010

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    The Faretta Principle: Self Representation Versus the Right to Counsel, Paul Marcus

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    The Fear Factor: How FCC Fines are Chilling Free Speech, Noelle Coates

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    The Federal-Aid Highway Construction Process: Procedures, Cases, and Plaintiff Strategies, Ronald H. Rosenberg and Allen H. Olson

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    The Federal Bank Robbery Act - The Problem of Separately Punishable Offenses

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    The Federal Common Law of Crime, Robert C. Palmer

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    The Federal Government Lawyer's Duty to Breach Confidentiality, James E. Moliterno

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    The Federalism Implications of Flores, Stephen Gardbaum

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    The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not the Rehnquist Court, Neal Devins

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    The Federal Magistrates Act: A New Article III Analysis for A New Breed of Judicial Officer, Brendan Linehan Shannon

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    The Federal-State Offshore Oil Dispute, James W. Corbitt Jr.

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    The Federal Superfund Program: Proposals for Strengthening the Federal/State Relationship, David L. Markell

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    The Federal Voting Rights Act and Alternative Election Systems, Joseph F. Zimmerman

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    The Festo Decision and the Return of the Supreme Court to the Bar of Patents, John F. Duffy

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    The Fiduciary Rights of Shareholders, John C. Carter

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    The Field Citation Program Under the Clean Air Act: Can EPA Apply it to Federal Facilities?, Kevin J. Luster

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    The Fifth Amendment in Public Schools: A Rationale for Its Application in Investigations and Disciplinary Proceedings, Robert J. Goodwin

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    The "Firm Offer" Problem in Construction Bids and the Need for Promissory Estoppel, John B. Gaides

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    The First Amendment - An Absolute Right?, Kathleen A. Buck

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    The First Amendment and the Free Press: A Comment on Some New Trends and Some Old Theories, William W. Van Alstyne

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    The First Amendment and the Ideal of Civic Courage: The Brandeis Opinion in Whitney v. California, Vincent Blasi

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    The First Amendment and the Suppression of Warmongering Propaganda in the United States: Comments and Footnotes, William W. Van Alstyne

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    The First Amendment as Ideology, Frederick Shauer

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    The First Amendment's Biggest Threat, Michael J. Gerhardt

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    The First Stone in Retrospect: An Outsider's Observations on the Book and Its Critics, Susan Grover

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    The First Two Vinerian Professors: Blackstone and Chambers, Rupert Cross

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    The First Word, M. Elizabeth Magill

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    The Fiscal Powers and the 1930s: Entrenchment, John Harrison

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    The Fisheries Conservation and Management Act of 1976: Its Effect on Coastal Fisheries

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    The Flawed Economics of the Dormant Commerce Clause, Paul E. McGreal

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    The Focus Factor, B. Glenn George

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    The Food Quality Protection Act of 1996: By Removing Chemical Irritants From Our Environment Will It Generate Trade Irritants to Replace Them?, Edward M. McDonald Jr.

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    The Forum of Conscience: Applying Standards Under the Free Exercise Clause, Paul Marcus

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    The Founders and The President's Authority over Foreign Affairs, H. Jefferson Powell

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    The Founders Go On-Line: An Original Intent Solution to a Jurisdictional Dilemma, Christine G. Heslinga

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    The Fourteenth Amendment, the “Right” to Vote, and the Understanding of the Thirty-Ninth Congress, William W. Van Alstyne

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    The Fourth Bite at the Apple: A Study of the Operation and Utility of the Social Security Administration's Appeals Council, Charles H. Koch Jr. and David A. Koplow

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    The Fragmented Liberty Clause, Rebecca L. Brown

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    The Freedom of Civilians of Enemy Nationality to Depart from Territory Controlled by a Hostile Belligerent, Walter L. Williams Jr.

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    The Freedom of Information Act: Suggestions for Making Information Available to the Public, Charles H. Koch Jr.

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    The Free Exercise Clause: A Structural Overview and an Appraisal of Recent Developments, Jesse H. Choper

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    The Free Exercise Clause: A View From the Public Forum, Lillian R. BeVier

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    The Free Exercise of Discrimination: Religious Liberty, Civic Community and Women's Equality, Gila Stopler

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    The Free Exercise of Religion After the Fall: The Case for Intermediate Scrutiny, Rodney A. Smolla

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    The Free Exercise Thereof, Stephen L. Carter

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    The Functions, Roles, and Duties of the Senate in the Supreme Court Appointment Process, William G. Ross

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    The Furor Over Psychotherapist-Patient Sexual Contact: New Solutions to an Old Problem, Linda Jorgenson, Rebecca Randles, and Larry Strasburger

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    The Futile Quest for Racial Neutrality in Capital Selection and the Eight Amendment Argument for Abolition Based on Unconscious Racial Discrimination, Scott W. Howe

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    The Future of Cable Communications and the Fairness Doctrine, Tom A. Collins

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    The Future of Communications Policymaking, Fred H. Cate

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    The Future of Corporate Democracy, Harvey Frank

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    The Future of Defamation in Illinois After Colson v. Steig and Chapski v. Copley Press, Inc., Linda A. Malone and Rodney A. Smolla

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    The Future of Parity, Michael E. Solimine

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    The Future of the Radio Format Change Controversy: The Case for the Competitive Marketplace, David M. Griffith

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    The Future of Transferable Development Rights in the Supreme Court, Linda A. Malone

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    The Future of Transfer Taxation: Repeal, Restructuring and Refinement, or Replacement, John E. Donaldson

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    The Gender Gap: A Persistent Problem that Congress Has Yet to Address, Leeron Avnery

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    The Genetic Defense: Excuse or Explanation?, Maureen P. Coffey

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    The Ghosts of Homer Plessy, Rodney A. Smolla

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    The Ghouls That Won't Go Away - The Dire Environmental Consequences Posed by the Ghost Fleet in the James River, L. Christopher Noland

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    The Grade Crossing Speed Limit Statute, C. G. Moore

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    The Great Chief Justice: His Leadership in Judicial Review, Thomas Reed Powell

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    The Grin Without the Cat: Claims for Damages from Toxic Exposure Without Present Injury, Bill Charles Wells

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    The Growing Impact of Non-State Actors on the International and European Legal Systems, Angela M. Banks

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    The Hatefulness of Protected Speech: A Comparison of the American and European Approaches, Sionaidh Douglas-Scott

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    The Hazards to the Press of Claiming a “Preferred Position”, William W. Van Alstyne

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    The H-Bomb and the First Amendment, Erwin Knoll

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    The Hershey Trust's Quest to Diversify: Redefining the State Attorney General's Role When Charitable Trusts Wish to Diversify, Jennifer L. Komoroski

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

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    The High Priests Questioned or at Least Cross-Examined, Larry I. Palmer

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    The Historical and Constitutional Significance of the Impeachment and Trial of President Clinton, Michael J. Gerhardt

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    The History of the Special (Struck) Jury in the United States and Its Relation to Voir Dire Practices, the Reasonable Cross-Section Requirement, and Peremptory Challenges, James Oldham

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    The Honorable Discharge: A Farewell to Responsibility for War Crimes?, Charles W. Boohar Jr.

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    The Honorable Warren E. Burger, the Fifteenth Chief Justice of the United States Supreme Court and Twentieth Chancellor of the College of William and Mary: Introductory Remarks, Timothy J. Sullivan

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    The Housing and Urban Development Act of 1968: Private Enterprise and Low-Income Housing, Gilbert A. Bartlett

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    The Idea of Public Reason Resuscitated, James P. Madigan

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    The Idea of the Constitution as Hard Law, William W. Van Alstyne

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    The Illegal Actions of the Federal Reserve: An Analysis of How the Nation's Central Bank Has Acted Outside the Law in Responding to the Current Financial Crisis, Chad Emerson

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    The Illegality of Contingency-Fee Arrangements When Prosecuting Public Natural Resource Damage Claims and the Need for Legislative Reform, Julie E. Steiner

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    The Illegality of Unilateral Trade Measures to Resolve Trade-Environment Disputes, Kevin C. Kennedy

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    The Illusory Distinction Between Equality of Opportunity and Equality of Result, David A. Strauss

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    The Impact of Crowd Psychology upon International Law, Harold D. Lasswell

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    The Impact of Feedlot Waste on Water Pollution under the National Pollutant Discharge Elimination System (NPDES), Kate Celender

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    The Impact of Information Overload on the Capital Jury's Ability to Assess Aggravating and Mitigating Factors, Katie Morgan and Michael J. Zydney Mannheimer

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    The Impact of Recent Litigation on Interlibrary Loan and Document Delivery, James S. Heller

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    The Impact of Substantive Interests on the Law of Federal Courts, Michael Wells

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    The Impact on Standing Doctrine in Environmental Litigation of the Injury in Fact Requirement in Lujan v. National Wildlife Federation, Timothy Belevetz

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    The Implied Warranty of Habitability in Landlord-Tenant Relations: A Proposal for Statutory Development, Richard C. Josephson

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    The Importance of Getting Names Right: The Myth of Markets for Water, Joseph W. Dellapenna

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    The Importance of Pre-Trial Procedure in International Courts, Roger M. Johnson

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    The Inadequate Remedy at Law Prerequisite for an Injunction, Doug R. Rendleman

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    The Increading Politicization of the American Judiciary: Republican Party of Minnesota v. White and its Effects on Future Judicial Selection in State Courts, Brendan H. Chandonnet

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    The Indeterminacy of the Separation of Powers in the Age of the Framers, William B. Gwyn

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    The Inevitable Infidelities of Constitutional Translation: The Case of the New Deal, John O. McGinnis

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    The Infield Fly Rule and the Internal Revenue Code: An Even Further Aside, Mark W. Cochran

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    The Infliction of Harm Through the Publication of Fiction: Fashioning a Theory of Liability, Paul A. LeBel

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    The Influence of Disallowed Preacquisition Losses on the Recognition of Postacquisition Losses Under Section 269, Homer L. Elliott

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    The Information Quality Act and Environmental Protection: The Perils of Reform by Appropriations Rider, Sidney A. Shapiro

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    The Inherent Structure of Free Speech Law, Joshua P. Davis and Joshua D. Rosenberg

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    The Innkeeper's Lien in the Twentieth Century, Alvin D. Treado

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    The Institutional Barriers and Advantages Panel, Michael Millemann

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

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    The Integrity of Death: Resolving Dilemmas in Medicine, Larry I. Palmer

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    The Interaction of Customary Law and Microfinance: Women's Entry into the World Economy, Shana Hofstetter

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    The Interactive Constitution: An Essay on Clothing Emperors and Searching for Constitutional Truth, Neal Devins

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    The International Bill of Gender Rights vs. The Cider House Rules: Transgenders Struggle with the Courts Over What Clothing They Are Allowed to Wear on the Job, Which Restroom They are Allowed to Use on the Job, Their Right to Marry, and the Very Definition of Their Sex, Phyllis Randolph Frye

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    The International Bill of Rights: Scope and Implementation, John P. Humphrey

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    The International Whaling Commission and the Elusive Great White Whale of Preservationism, Gerry J. Nagtzaam

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    The Intersection between Domestic Violence and the Child Welfare System: The Role Courts Can Play in the Protection of Battered Mothers and Their Children, Linda Quigley

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    The Inverted Pyramid of Wire Transfer Law, Raj Bhala

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    The Investigation and Prosecution of White-Collar Crime: International Challenges and the Legal Tools Available to Address Them, Thomas G. Snow

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    The Inward Turn in Outsider Jurisprudence, Richard Delgado

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    The IRS Program to Up-Date Published Rulings, Harold T. Swartz

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    The Jeffersonian Vision of Legal Education, Davison M. Douglas

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    The Joe Isuzu Dean Search: A Guide to the Interpretation of Announcement Letters, Paul A. LeBel and James E. Moliterno

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    The John Marshall Bicentennial Year, W. Melville Jones

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    The Jordan Free Trade Agreement: Free Trade and the Environment, Emily Harwood

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    The Judge's Role in the Enforcement of Ethics - Fear and Learning in the Profession, John M. Levy

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    The Judicial Development of the Parent-Child Testimonial Privilege: Too Big For Its Britches?, Gregory W. Franklin

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    The Judicial Safeguards of Federalism, Neal Devins

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    The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne

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    The Jurisprudence of Punishment, Kyron Huigens

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    The Jurisprudential Revolution: Unlocking Human Potential in Grutter and Lawrence, Wilson Huhn

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    The Justice of Military Justice, Louis B. Nichols

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    The Justiciability of International River Disputes: A Study in the Case Method, William W. Van Alstyne

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    The Juvenile Curfew: Unconstitutional Imprisonment, Tona Trollinger

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    The Kahan Report, Ariel Sharon and the Sabra-Shatilla Massacres in Lebanon: Responsibility Under International Law for Massacres of Civilian Populations, Linda A. Malone

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    The Labor Preemption Doctrine: Hamiltonian Renaissance or Last Hurrah?, David L. Gregory

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    The Landscape Art of Daniel Urban Kiley, John Nivala

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    The Land Use Stabilization Wedge Strategy: Shifting Ground to Mitigate Climate Change, John R. Nolon

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    The Language and Culture (Not to Say Race) of Peremptory Challenges, Sheri Lynn Johnson

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    The Law and Economics of Disability Accommodations, Michael Ashley Stein

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    The Law of War and Personnel Infrastructure: A Proposed Inquiry into Maximizing the Contributions of Nonlawyer Officers and of Military Instruction in Support of the Law of War, Walter L. Williams Jr.

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    The Law School Expansion Draft (On the Lighter Side), Paul A. LeBel

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    The Law Schools and the New Profession of Social Technician, Frederick K. Beutel

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    The Laws of a Nation: The Essential Formula for a Liberal and Democratic State, Yasutomo Morigiwa

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    The Laws of Complexity & the Complexity of Laws: The Implications of Computational Complexity Theory for the Law, Eric Kades

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    The Lawyer as Catalyst of Social Change, James E. Moliterno

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    The Lay View of What "Disability" Means Must Give Way to What Congress Says It Means: Infertility As a "Disability" Under the Americans with Disabilities Act, Deborah K. Dallmann

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    The Left, the Right, and Certainty in Constitutional Law, Gene R. Nichol

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    The Legal and Policy Implications of Courtroom Technology: The Emerging English Experience, Henry Brooke

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    The Legal Implementation of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum and Ronald H. Rosenberg

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    The Legal Implications of Residential Radon Contamination: The First Decade, Robert D. King

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    The Legality of Lock-Ups Under Section 14(e) of the Williams Act: Balancing the Scales, Bradley A. Maxa

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    The Legal Problems Concerning the Juridical Status and Political Activities of the Zionist Organization/Jewish Agency: A Study in International and United States Law, W. T. Mallison Jr.

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    The Legal Profession and Its Future: Recapturing the Ideal of the Statesman-Lawyer, Timothy J. Sullivan

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    The Legal Response to Child Abuse, Thomas J. Donovan

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    The Legal Significance of Gestation, Larry I. Palmer

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    The Legal Skills Program at the College of William and Mary: An Early Report, James E. Moliterno

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    The Legislator-In-Chief, Vasan Kesavan and J. Gregory Sidak

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    The Lessons of Impeachment History, Michael J. Gerhardt

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    The Liberal State's Response to Religious Visions of Education, James G. Dwyer

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    The Liberty Impact of the New Property, Charles A. Reich

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    The Library's Legal Answer Book, James S. Heller

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    The "Licentiousness" in Religious Organizations and Why it is Not Protected under Religious Liberty Constitutional Provisions, Marci A. Hamilton

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    The Limited Constitutional Convention—The Recurring Answer, William W. Van Alstyne

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    The Limited Path Dependency of Precedent, Michael J. Gerhardt

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    The Limits of Law in Accomplishing Racial Change: School Segregation in the Pre-Brown North, Davison M. Douglas

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    The Limits of "Liberal Republicanism": Why Group-Based Remedies and Republican Citizenship Don't Mix, Cynthia V. Ward

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    The Limits of Rationality and the Place of Religious Conviction: Protecting Animals and the Environment, Kent Greenawalt

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    The Limits of the Parliamentary Critique of the Separation of Powers, Thomas O. Sargentich

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    The Little Engine That Could: The Success of the Stewardship Contracting Authority, Kimberly Hausbeck

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    The Little Guy Myth: The FAIR Act's Victimization of Small Business, Melissa A. Peters

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    The Lives of John Marshall, Michael J. Gerhardt

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    The Living Commerce Clause: Federalism in Progressive Political Theory and the Commerce Clause After Lopez and Morrison, Eric R. Claeys

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    The Local Law of Global Antitrust, Edward T. Swaine

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    The Local Service Concept in Broadcasting: An Evaluation and Recommendation for Change, Tom A. Collins

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    The Logical Structure of Fraudulent Transfers and Equitable Subordination, David Gray Carlson

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    The Long Distance Remand: Florida v. Bostick and the Re-Awakened Bus Search Battlefront in the War on Drugs, Dennis J. Callahan

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    The Long Shadow of the Confederacy in America's Schools: State-Sponsored Use of Confederate Symbols in the Wake of Brown v. Board, Kathleen Riley

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    "The Loss in My Bones": Protecting African American Heirs' Property with the Public Use Doctrine, April B. Chandler

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    The Loss of Privacy Is Just a Heartbeat Away: An Exploration of Government Heartbeat Detection Technology and Its Impact on Fourth Amendment Protections, George M. Dery III

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    The Madisonian Theory of Rights, Jack N. Rakove

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    The Majoritarian Rehnquist Court?, Neal Devins

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    The Manager's Share, David I. Walker

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    The Mandatory Death Penalty in the Commonwealth Caribbean and the Inter-American Human Rights System: An Evolution in the Development and Implementation of International Human Rights Protections, Brian D. Tittemore

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    The Many Faces of Chapter 11: A Reply to Professor Baird, A. Mechele Dickerson

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    The Many Faces of Sexual Consent, William N. Eskridge Jr.

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    The Marijuana on the High Seas Act and Jurisdiction Over Stateless Vessels, Joseph R. Brendel

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    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

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    The Market Participant Doctrine: Ammunition for the War on Trash, John L. Brownlee

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    The Meaning of Marriage: Immigration Rules and Their Implications for Same-Sex Spouses in a World Without DOMA, Scott C. Titshaw

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    The Media in the Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

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    The Medical, Legal, and Ethical Considerations of Human Organ Transplantations, Carl E. Wasmuth

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    The Mentally Retarded and Private Restrictive Covenants, Thomas F. Guernsey

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    The Merchant of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger

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    The Metes and Bounds of State Sovereign Immunity, Scott Dodson

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    The "Middle Ground" Perspective on the Expropriation of Indian Lands, Eric Kades

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    The Migratory Bird Rule After Lopez: Questioning the Value of State Sovereignty in the Context of Wetland Regulation, Peter A. Gilbert

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    The Military Rules of Evidence: Origins and Judicial Implementation, Fredric I. Lederer

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    The Mobius Strip of the First Amendment: Perspectives on Red Lion, William W. Van Alstyne

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    The Modern Status of the Rules Permitting a Judge to Punish Direct Contempt Summarily, Teresa S. Hanger

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    The Modest Promise of Children's Relationship Rights, David D. Meyer

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    The Moral Failure of the Clear and Present Danger Test, David R. Dow

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    The Moral Impossibility of Contract, Peter A. Alces

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    The Morality of Property, Thomas W. Merrill and Henry E. Smith

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    The Morality of Regulation, Loren A. Smith

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    The Morality of Strict Tort Liability, Jules L. Coleman

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    The Moral Subject of Property , Carol M. Rose

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    The Motion to Strike Out the Evidence in Virginia, J. Brendel

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    The Music of Murder, Dennis R. Martin

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    The Mythic 43 Million Americans with Disabilities, Ruth Colker

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    The Myth of Extraconstitutional Foreign Affairs Power, Michael D. Ramsey

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    The Myths and Truths that Ended the 2000 TMDL Program, Linda A. Malone

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    The Naked Commodity Option Contract as a Security, Joseph C. Long

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    The Narrow and Shallow Bite of Romer and the Eminent Rationality of Dual-Gender Marriage: A (Partial) Response to Professor Koppelman, Richard F. Duncan

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    The National Flood Insurance Program: Unattained Purposes, Liability in Contract, and Takings, Charles T. Griffith

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    The National Security Exception to the Doctrine of Prior Restraint, Robert F. Flinn

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    The Navy and Low Frequency Active Sonar: Stripping the Endangered Species Act of Its Authority, Nate Cihlar

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    The Necessary Interrelationship Between Land Use and Preservation of Groundwater Resources, Linda A. Malone

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    The Need for a Negligence Standard of Care for Credit Rating Agencies, Rachel Jones

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    The Neglected Value of the Legislative Privilege in State Legislatures, Steven F. Huefner

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    The New Due Process: Rights and Remedies, Doug R. Rendleman

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

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    The New Iowa Criminal Code, Kermit L. Dunahoo

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    The New Iowa Criminal Code: Part II, Kermit L. Dunahoo

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    The New Massachusetts Health Law: Preemption and Experimentation, Edward A. Zelinsky

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    The New Republicanism, Larry G. Simon

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    The News Media's Influence on Criminal Justice Policy: How Market-Driven News Promotes Punitiveness, Sara Sun Beale

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    The New "Subpart F" Foreign Income Provisions of the Internal Revenue Code, Rexford R. Cherryman

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    The Ninth Amendment: Guidepost to Fundamental Rights, David K. Sutelan

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    The Ninth Ground for Divorce in Virginia: Addendum, W. Kendall Lipscomb Jr.

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    The Ninth Ground for Divorce in Virginia: Statutory Separation for Three Year, D. A. Hendler and W. Kendall Lipscomb Jr.

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    The NLRB and Determination of the Appropriate Unit: Need for a Workable Standard, T. L. Grooms

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    The Non-Impact of the United States Supreme Court Regulatory Takings Cases on the State Courts: Does the Supreme Court Really Matter?, Ronald H. Rosenberg

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    The Nonproblem of Fundamentalism, Andrew Koppelman

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    The Normative Theory of Law, George E. Glos

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    The Notice of Motion and Modern Procedural Reform, Arthur W. Phelps

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    The Not-So-Safe Drinking Water Act: Why We Must Regulate Hydraulic Fracturing at the Federal Level, Angela C. Cupas

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    The Nylon Curtain: America's National Border and the Free Flow of Ideas, Burt Neuborne and Steven R. Shapiro

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    The Ombudsman in the Common Law System, Walter W. Toxey

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    The O’Meara Case and Constitutional Requirements of State Anti-Discrimination Housing Laws, William W. Van Alstyne

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    The Once and Future Federal Grazing Lands, S. L. Rundle

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    The "Ongoing Criminal Investigation" Constraint: Getting Away With Silence, Luke M. Milligan

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    The On/Off Switch, Philip Heymann

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    The Open-Records Debate: Balancing the Interests of Birth Parents and Adult Adoptees, Caroline B. Fleming

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

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    The Original Meaning of the Establishment Clause, Robert G. Natelson

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    The Origins of Property in England, Robert C. Palmer

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    The Origins of the Religion Clause of the Constitution, Philip B. Kurland

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    Theory and Practice: Employer Liability for Sexual Harassment, B. Glenn George

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    The Ownership of the Treasures of the Sea, John J. Kenny and Ronald R. Hrusoff

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    The Panda's Thumb: The Modest and Mercantilist Original Meaning of the Commerce Clause, Calvin H. Johnson

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    The Paradox of Auxiliary Rights: The Privilege Against Self-Incrimination and the Right to Keep and Bear Arms, Michael Steven Green

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    The Paradox of Hope: The Crime and Punishment of Domestic Violence, Cheryl Hanna

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    The Paradox of Unmarried Fathers and the Constitution: Biology "Plus" Defines Relationships; Biology Alone Safeguards the Public Fisc, Laura Oren

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    The Parameters of Constitutional Reconstruction: Slaughter-House, Cruikshank, and the Fourteenth Amendment, Robert C. Palmer

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    The Parent-Child Privileges: Hardly a New or Revolutionary Concept, Wendy Meredith Watts

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    The Parent Trap: Differential Familial Power in Same-Sex Families, Deirdre M. Bowen

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    The Partial Republican, John O. McGinnis

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    The Passing-On Doctrine in Robinson-Patman Actions After Hanover Shoe, Illinois Brick, and Proposed Remedial Legislation, William A. Old Jr.

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    The Passions of Battered Women: Cognitive Links Between Passion, Empathy, and Power, Mary Becker

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    The Pathology of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler

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    The Penn Central Reorganization: A New Look at Section 10 of the Clayton Act

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    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?, Vikram David Amar

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    The Peppercorn Theory and the Restatement of Contracts, Edmund Polubinski Jr.

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    The Perils of Presidential Impeachment, Michael J. Gerhardt

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    The Personal Representative's Power to Sell Realty in Virginia

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    The Philadelphia Plan and Strict Racial Quotas in Federal Contracts, Paul Marcus

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    The Pirates of Somalia: Opportunistic Predators or Environmental Prey?, Ranee Kooshie Lal Panjabi

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    The Plain Meaning of Oncale, Catherine J. Lanctot

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

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    The Plaintiff's Burden in Defamation: Awareness and Falsity, Marc A. Franklin and Daniel J. Bussel

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    The Pledge as Sacred Political Ritual, Sheldon H. Nahmod

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    The Political Economy of Application Fees for Indigent Criminal Defense, Ronald F. Wright and Wayne A. Logan

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    The Political Economy Of International Antitrust Harmonization, John O. McGinnis

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    The Political Economy of Property Exemption Laws, Richard M. Hynes, Anup Malani, and Eric A. Posner

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    The Politics of Advertising, Lee Loevinger

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    The Politics of Takings: Choosing The Appropriate Decisionmaker, Lynda L. Butler

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    The Possible Final Word on Employment Discrimination Relief, Neal Devins

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    The Potential Use of Courtroom Technology in Major Terrorism Cases, Fredric I. Lederer

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    The Praxis of Church and State in the (Under)Development of Women's Religion from France to the New World, Barbara L. Bernier

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    The Precautionary Principle: More than a Cameo Appearance in United States Environmental Law?, Phillip M. Kannan

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    The Preemployment Ethical Role of Lawyers: Are Lawyers Really Fiduciaries?, Fred C. Zacharias

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    The Presentence Interview and the Right to Counsel: A Critical Stage Under the Federal Sentencing Structure, Megan E. Burns

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    The Preservation of Penn Central

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    The Presidential Signing Statements Controversy, Ronald A. Cass and Peter L. Strauss

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    The President's Powers as Commander-in-Chief Versus Congress' War Power and Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, and William W. Van Alstyne

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    The President's Power to Pardon: A Constitutional History, William F. Duker

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    The Press Clause Constructed in Context: The Journalists' Right of Access to Places, Tom A. Collins

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    The Pressure of Precedent: A Critique of the Conservative Approaches to Stare Decisis in Abortion Cases, Michael J. Gerhardt

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    The Prevailing Theory of Mortgages and Deeds of Trust in Virginia, Charles E. Van Fossen

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    The Price of Misdemeanor Representation, Erica J. Hashimoto

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    The Privilege's Last Stand: The Privilege Against Self-Incrimination and the Right to Rebel Against the State, Michael Steven Green

    PDF

    The Privileges of Suretyship for Delegating Parties Under UCC Section 2-210 in Light of the New Restatement of Suretyship, Gary L. Monserud

    PDF

    The Problem of Church and State in Terms of the Nonestablishment and Free Exercise of Religion, Royal C. Gilkey

    PDF

    The Problems with Setoff: A Proposed Legislative Solution, Stephen L. Sepinuck

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    The Proceedings of the Water Rights Symposium, Lynda L. Butler

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    The Procompetitive Interest in Intellectual Property Law, Thomas F. Cotter

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    The Professionalism Problem, Deborah L. Rhode

    PDF

    The Promise of Brown Forty Years Later: Introduction, Davison M. Douglas

    PDF

    The Promise of Equality: A Comparative Analysis of the Constitutional Guarantees of Equality in India and the United States, Nicole Lillibridge

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

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    The Promotion and Preservation of Culture as Part of Environmental Policy, Nancy Perkins Spyke

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    The Proper Legal Regime for 'Cyberspace', I. Trotter Hardy

    PDF

    The Proper Role of the Estate and Gift Taxation of Closely Held Businesses, Eric D. Chason and Robert T. Danforth

    PDF

    The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus

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    The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne

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    The Psychological Consequences of Judically Imposed Closets in Child Custody and Visitation Disputes Involving Gay or Lesbian Parents, Nancy G. Maxwell and Richard Donner

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    The Public and Private Lives of Presidents, Neal Kumar Katyal

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    The Public Counsel Concept in Practice: The Regional Rail Reorganization Act of 1973, Theodore S. Bloch and Robert J. Stein

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    The Public Interest and Private International Maritime Law, Allan I. Mendelsohn

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    The Public Interest and the Right to Copy Nonfunctional Product Features

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    The Public Performance Right in Libraries: Is There Anything Fair About It?, James S. Heller

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    The Public's Domain in Trademark Law: A First Amendment Theory of the Consumer, Laura A. Heymann

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    The Public Welfare Rationale: Defining Mens Rea in RCRA, J. Manly Parks

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    The Purpose of Lawyer Discipline, Fred C. Zacharias

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    The Purposes and Limits of Independent Agencies, Paul R. Verkuil

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    The Purposes of Legal Ethics and the Primacy of Practice, Robert P. Burns

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    The Quest for Freedom in the Post-Brown South: Desegregation and White Self-Interest, Davison M. Douglas

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    The Questioning of Lower Federal Court Nominees at Senate Confirmation Hearings, William Ross

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    The Question is Clear, and Party Government is the Answer, James L. Sundquist

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    The Question's Not Clear, But Party Government Is Not the Answer, Erwin Chemerinsky

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    The Quiet Revolution: Repeal of the Exclusionary Statutes in Combat Aviation - What We Have Learned from a Decade of Integration, Alice W.W. Parham

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    The Racial Limits of the Fair Housing Act: The Intersection of Dominant White Images, the Violence of Neighborhood Purity, and the Master Narrative of Black Inferiority, Reginald Leamon Robinson

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    The Radical Feminist Defense of Individualism, Cynthia V. Ward

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    The Radical Possibility of Limited Community-Based Interpretation of the Constitution, Mark D. Rosen

    PDF

    The Ramifications of the W.H. Sammis Settlement: Why Jobs are Being Lost, the Air Remains Unclean, and this Landmark Settlement is Making Progress in the Wrong Direction, Michael Paul Pegman

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    The Random Muse: Authorship and Indeterminacy, Alan R. Durham

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    Therapeutic Jurisprudence and the Criminal Courts, David B. Wexler

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    The Real Estate Investment Trust: A New Medium for Investors, A. Overton Durrett

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    The Reality of Procedural Due Process - A Study of the Implementation of Fair Hearing Requirements by the Welfare Caseworker, Robert E. Scott

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    There are Worse Things Than Being Alone: Polygamy in Islam, Past, Present, and Future, Heather Johnson

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    The Reasonable Person in Trademark Law, Laura A. Heymann

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    The Reconstruction of Net Income Under § 446(b) of the Internal Revenue Code, John J. Harrington

    PDF

    The Recrudescence of Property Rights as the Foremost Principle of Civil Liberties: The First Decade of the Burger Court, William W. Van Alstyne

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    The Regulated Riparian Model Water Code: Blueprint for Twenty First Century Water Management, Robert E. Beck

    PDF

    The Regulation of Subdivisions, John L. Fitzgerald

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    The Rehabilitation Act of 1973: Focusing the Definition of a Handicapped Individual, Anna P. Engh

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    The Reincorporation Problem in Subchapter C. A Question of Semantics?, R. P. Hertzog

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    The Relationship Between Equality and Access in Law School Admissions, Angela M. Banks

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    The Relevance of Fresh Investment to the Characterization of Corporate Distributions and Adjustments, Glenn E. Coven

    PDF

    The Religion Clauses and Nonbelievers, Norman Dorsen

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    The Religious Freedom Restoration Act Is a Constitutional Expansion of Rights, Erwin Chemerinsky

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    The Reporter's Privilege: An Analysis of the Common Law, Branzberg v. Hayes , and Recent Statutory Developments, Paul Marcus

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    There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca Hanner White

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    The Revision of Article 2: Romancing the Prism, John E. Murray Jr.

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    The Revival of "Privileges or Immunities" and the Controversy over State Bar Admission Requirements: The Makings of a Future Constitutional Dilemma?, Wilson Pasley

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    The Rev. John Bracken v. The Visitors of William And Mary College: A Post-Revolutionary Problem in Visitatorial Jurisdiction, J. W. Bridge

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    The Revolutionary Idea of University Legal Education, Paul D. Carrington

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    The Rhetorical Tapestry of Race: White Innocence and Black Abstraction, Thomas Ross

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    The Rhetorical Uses of Marbury v. Madison: The Emergence of a "Great Case", Davison M. Douglas

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    The Rhetoric of Equality, Neal Devins

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    The Rhetoric of Judicial Critique: From Judicial Restraint to the Virtual Bill of Rights, Michael J. Gerhardt

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    The Rhetoric of Moderation: Desegregating the South During the Decade After Brown, Davison M. Douglas

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    The Right of Expressive Association and Private Universities' Racial Preferences and Speech Codes, David E. Bernstein

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    "The Right of the People to be Secure...": Toward a Metatheory of the Fourth Amendment, Thomas E. Baker

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    The Rights of Adolescents, Robert Batey

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    The Rights of Insured to Reinstatement Under Life, Health and Accident Policies, N. Woodrow Pusey

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    The Right to Access Experimental Drugs: Why the FDA Should Not Deprive the Terminally Ill of a Chance to Live, Nicholas J. Plionis

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    The Right to Appointed Counsel for Indigent Civil Litigants: The Demands of Due Process, William L. Dick Jr.

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    The Right to Bear Arms, A Study in Judicial Misinterpretation, Stuart R. Hays

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    The Right to Counsel in Criminal Cases, A National Crisis, Mary Sue Backus and Paul Marcus

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    The Right to Trial by Jury in Complex Litigation, Kathy E. Davidson

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    The Rise and Fall of Supreme Court Concern for Racial Minorities, John E. Nowak

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    The Rise and Fall of Women's Rights: Have Sexuality and Reproductive Freedom Forfeited Victory?, Lynne Marie Kohm and Colleen Holmes

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    The Roads Through Our Ruins: Archaeology and Section 4(f) of the Department of Transportation Act, Stanley B. Olesh

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    The Road to the Virtual Courtroom? A Consideration of Today’s -- and Tomorrow’s -- High Technology Courtrooms, Fredric I. Lederer

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    The Role and Reality of Emotions in Law, Carol Sanger

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    The Role of Alternative Dispute Resolution in Superfund Enforcement, Heidi Wilson Abbott

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    The Role of Appellate Court in Mandatory Sentencing Schemes, Larry I. Palmer

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    The Role of Article III Courts in the War on Terrorism, Tung Yin

    PDF

    The Role of Congress in Determining Incidental Powers of the President and of the Federal Courts: A Comment on the Horizontal Effect of "The Sweeping Clause", William W. Van Alstyne

    PDF

    The Role of Controversy in NEPA: Reconciling Public Veto with Public Participation in Environmental Decisionmaking, William Murray Tabb

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    The Role of Lawyers as Counselors, Harrop A. Freeman

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    The Role of Moral Philosophers in the Competition Between Deontological and Empirical Desert, Paul H. Robinson

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    The Role of Organized Religions in Changing Death Penalty Debates, Michael L. Radelet

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    The Role of Precedent in Constitutional Decisionmaking and Theory, Michael J. Gerhardt

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    The Role of Suspicion in Federal Equal Protection, Paul E. McGreal

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    The Role of the English Judiciary in Developing Public Law, Harry Woolf

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    The Role of the Virginia Marine Resources Commission in Regulating and Zoning the Water Bodies of the Commonwealth, Keith Warren Davis

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    The Role of Women in Peacekeeping and Peacemaking: Devising Solutions to the Demand Side of Trafficking, Connie de la Vega and Chelsea E. HaleyNelson

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    The Roth Test and Its Corollaries, Bradford Coupe

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    The Rotten Foundations of Securitization, David Gray Carlson

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    The Rule of Insurable Interest and the Principle of Indemnity: Are They Measures of Damages in Property Insurance?, Emeric Fischer

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    The Rule of Nonreview: A Critical Analysis of Appellate Scrutiny of Criminal Sentences

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    The Rules of Evidence in Preliminary Hearings in Virginia, Charles E. Friend

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    The Saucier Qualified Immunity Experiment: An Empirical Analysis, Nancy Leong

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    The Schemes of Adventuresses: The Abolition and Revival of Common-Law Marriage, Charlotte K. Goldberg

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    The Scope of Judicial Discretion in the Iowa Criminal Trial Process, Kermit L. Dunahoo

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    The Search for Caring and Justice: The Social Functions of Medicine and Law, Larry I. Palmer

    PDF

    The Second Amendment and States' Rights: A Thought Experiment, Glenn Harlan Reynolds and Don B. Kates

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    The Second Amendment and the Personal Right to Arms, William W. Van Alstyne

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    The Second-Best First Amendment, Frederick Schauer

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    The Second Death of Federalism, William W. Van Alstyne

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    The Second Decade of Title VII: Refinement of the Remedies

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    The Second Front: Free Expression versus Individual Dignity, George C. Haimbaugh Jr.

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    The SEC's Suspension and Bar Powers in Perspective, Jayne W. Barnard

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    The Securities Law Enforcement Remedies Act of 1989: Disenfranchising Shareholders in Order to Protect Them, Jayne W. Barnard

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    The Selection of Federal Judges: The Independent Commission Approach, Hugh Scott

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    The Seminal Issue in State Constitutional Revision: Reapportionment Method and Standards, Robert G. Dixon Jr. and Gordon W. Hatheway Jr.

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    The Separation of Powers and the Rule of Law: The Virtues of "Seeing The Trees", Peter M. Shane

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    The Separation of the Religious and the Secular: A Foundational Challenge to First Amendment Theory, Laura Underkuffler

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    The Seventh Anglo-American Exchange, Nigel Bridge

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    The Shadow of Professor Kingsfield: Contemporary Dilemmas Facing Women Law Professors, Martha Chamallas

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    The Sherwell Lecture: The Human Comedy in Legal History, Frederick Bernays Wiener

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    The Shrinking Forum: The Supreme Court's Limitation of Jurisdiction - An Argument for a Federal Forum in Multi-Party, Multi-State Litigation, Allen R. Kamp

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    The Significance of Residence in State Taxation, Delman Hodges Eure

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    The Silenced Majority: Martin v. Wilks and the Legislative Response, Susan Grover

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    The Single Contract as Minimum Contacts: Justice Brennan "Has it His Way", Pamela J. Stephens

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    The Sit-Ins and the State Action Doctrine, Christopher W. Schmidt

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    The Sixties Shift to Formal Equality and the Courts: An Argument for Pragmatism and Politics, Mary Becker

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    The Slippery Slope of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses in Shrink-Wrap Licenses, John E. Mauk

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    The Social Construction of Brown: Law Reform and the Reconstructive Paradox, Richard Delgado and Jean Stefancic

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    The Social Security-Workmen's Compensation Offset in Practice, Arthur Larson

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    The Sounds of Silence: Reconsidering the Invocation of the Right to Remain Silent Under Miranda, Marcy Strauss

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    The Southeastern Water Compact, Panacea or Pandora's Box? A Law and Economics Analysis of the Viability of Interstate Water Compacts, David Copas

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    The Special Constitutional Structure of the Federal Impeachment Process, Michael J. Gerhardt

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    The Specific Theory of Academic Freedom and the General Issue of Civil Liberty, William W. Van Alstyne

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    The Stalwart Donaldson, W. Taylor Reveley III

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    The State and the Federal Courts in Governance: Vive La Difference!, Hans A. Linde

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    The State Courts and Federal Constitutional Litigation, Paul M. Bator

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    The State of the Canon in Constitutional Law: Lessons from the Jurisprudence of John Marshall, David E. Marion

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    The Status of Independent Agencies after Bowsher v. Synar, Paul R. Verkuil

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    The Statute of Limitations in a Criminal Case: Can It Be Waived?

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    The Steel Seizure Case: One of a Kind?, Neal Devins and Louis Fisher

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    The Story of a Forgotten Battle, Nathan B. Oman

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    The Strict Neutrality Principle: Workable Solution for First Amendment Challenges to Preservation Designation of Religious Landmarks?, S. Kathleen Pepper

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    The Struggle for School Desegregation in Cincinnati Before 1954, Davison M. Douglas

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    The Struggle to "Green" G.A.T.T.: Free Trade and Environmental Responsibility in the Wake of the United States-Mexico Tuna-Dolphin Dispute, Timothy Goplerud

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    The Student as University Resident, William W. Van Alstyne

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    The Studied Ambiguity of Horwitz' Legal History, G. Edward White

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    The Stumbling Block: Freedom, Rationality, and Legal Scholarship, Jeanne L. Schroeder

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    The Subchapter S Revision Act: An Analysis and Appraisal, Glenn E. Coven

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    The Substantial Burden of Municipal Zoning: The Religious Freedom Restoration Act As a Means to Consistent Protection for Church-Sponsored Homeless Shelters and Soup Kitchens, Marc-Olivier Langlois

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

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    The Supreme Court and Libel, Jerome Lawrence Merin

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    The Supreme Court and Local Reapportionment: Voter Inequality in Special-Purpose Units, Philip L. Martin

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    The Supreme Court and Press Fashions, Robert Mason

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    The Supreme Court and Race Discrimination, 1967-1991: The View from the Marshall Papers, Mark V. Tushnet

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    The Supreme Court and the Federalist Papers: Is There Less Here Than Meets the Eye?, Melvyn R. Durchslag

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    The Supreme Court and the Privilege Against Self-Incrimination: Has the Burger Court Retreated?, Paul Marcus

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    The Supreme Court and the Shareholder Litigant: Basic, Inc. v. Levinson in Context, Jayne W. Barnard

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    The Supreme Court and the Ten Commandments: Compounding the Establishment Clause Confusion, Jay A. Sekulow and Francis J. Manion

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    The Supreme Court on Trial, William W. Van Alstyne

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    The Supreme Court's Post-Racial Turn Towards a Zero-Sum Understanding of Equality, Helen Norton

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    The Supreme Court, Warrantless Searches, and Exigent Circumstances, Richard A. Williamson

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    The Survival of Racism Under the Constitution, Juan Williams

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    The Tail Wags the Dog: Judicial Misinterpretation of the Punitive Damages Ban in the Federal Tort Claims Act, Jeff L. Lewin

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    The Takings-Puzzle Puzzle, James E. Krier

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    The Taming of the Precautionary Principle, John S. Applegate

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    The Taxation of Private Equity Carried Interests: Estimating the Revenue Effects of Taxing Profit Interests as Ordinary Income, Michael S. Knoll

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    The Taxation of Reinvested Corporate Earnings, Richard L. Doernberg

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    The Tax Benefit, Recoveries, and Sales of Property Under Section 337, Don L. Ricketts

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    The Tax Consequences of the Statutory Right of Redemption in Property Foreclosures, C. Barrett Pasquini

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    The Taxpayer's Expectation of Privacy as a Bar to Production of Records Held by His Attorney

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    The Tax Practice Controversy in Historical Perspective, Joseph V. Anderson

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    The Team Production Theory of Corporate Law: A Critical Assessment, Alan J. Meese

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    The Telecommunications Act of 1996, Thomas G. Krattenmaker

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    The Termination of NonConforming Uses, Marvin M. Moore

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    The Test of Employee Status: Economic Relations and Title VII, Nancy E. Dowd

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    The Texas Mis-Step: Why the Largest Child Removal in Modern U.S. History Failed, Jessica Dixon Weaver

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    The Theocratic Challenge to Constitution Drafting in Post-conflict States, Ran Hirschl

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    The Third Amendment: Forgotten but Not Gone, Tom W. Bell

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    The Three R's: Reading, 'Riting, and Rewarding Illegal Immigrants: How Higher Education Has Acquiesced in the Illegal Presence of Undocumented Aliens in the United States, Jennifer L. Maki

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    The Toxic Substances Information Act

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    The Trade Act of 1974: Coping with Unequal Environmental Control Costs, Scott C. Whitney

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    The Trade Act of 1974 Revisited: The Need for Further Reform, Scott C. Whitney

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    The Trademark/Copyright Divide, Laura A. Heymann

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    The Tragic and Chaotic Aftermath of a Baby Switch: Should Policy and Common Law, Blood Ties, or Psychological Bonds Prevail, Cynthia R. Mabry

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    The Transformation of the American Civil Trial: The Silent Judge, Renee Lettow Lerner

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    The Transnational and Sub-National in Global Crimes, Lan Cao

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    The Treatment of Equipment Leases as Security Agreements Under the Uniform Commercial Code, John R. Peden

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    The Treatment of Income & Deductions in the Case of Controlled or Related Entities, William H. Westphal

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    The Treaty on Rescue and Return of Astronauts and Space Objects, Paul G. Dembling and Daniel M. Arons

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    The Treaty Power and Family Law, Jerome J. Curtis Jr.

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    The Trial of Oliver Wendell Holmes, Rodney A. Smolla

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    The Triumph of Timing: Raines v. Byrd and the Modern Supreme Court's Attempt to Control Constitutional Confrontations, Neal Devins and Michael A. Fitts

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    The Trivialization of the Bill of Rights: One Historian's View of How the Purposes of the First Ten Amendments Have Been Defiled, Robert A. Rutland

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    The Trouble with Jaycees, Neal Devins

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    The Trouble with Postmodern Zeal, Monroe H. Freedman

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    The Trouble with the Adversary System in a Postmodern, Multicultural World, Carrie Menkel-Meadow

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    The Trustee and the N.L.R.B. - The Administration of Labor Contracts in Straight Bankruptcy and Corporate Reorganization, S. Strother Smith III and Allan Zaleski

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    The Truth About Women's Rights, Janet Benshoof

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    The Ultimate Independence of the Federal Courts: Defying the Supreme Court in the Exercise of Federal Common Law Powers, Ronald H. Rosenberg

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    The Unbearable Lightness of Marriage in the Abortion Decisions of the Supreme Court: Altered States in Constitutional Law, William W. Van Alstyne

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    The Uncertain Nature of Federal Jurisdiction, Martha A. Field

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    The Unconstitutionality of "Signing and Not-Enforcing", Michael B. Rappaport

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    The Uneasy Case for Department of Justice Control of Federal Litigation, Neal Devins and Michael Herz

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    The Uniform Commercial Code and the Certificateless Society, Thomas H. Jolls

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    The Uniform Residential Landlord and Tenant Act: Facilitation of or Impediment to Reform Favorable to the Tenant?

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    The United Kingdom, Jeremy Barnett

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    The United Nations and Human Rights and the Contribution of the American Bill of Rights, Jan Martenson

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    The United Nations and Marine Resources, David S. Browning

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    The United Nations and the Promotion and Protection of the Rights of Women: How Well Has the Organization Fulfilled its Responsibility?, Geraldine A. del Prado

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    The United Nations Convention of the Rights of the Child: A Feminist Landmark, Cynthia Price Cohen

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    The United Nations Organization and International Law, Harrop A. Freeman

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    The United States Coast Guard's Law Enforcement Authority Under 14 U.S.C. § 89: Smugglers' Blues or Boaters' Nightmare?, Greg Shelton

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    The University and Society, Edith Green

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    The University in the Manner of Tiananmen Square, William W. Van Alstyne

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    The Unrecognized Right of Criminal Defendants To Admit Their Own Pretrial Statements, Stephen A. Saltzburg and Daniel J. Capra

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    The Unresolved Structure of Property Rights in the Virginia Shore, Denis J. Brion

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    The Unruliness of Rules, Peter A. Alces

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    The Unusual Suspects: Journalists as Thieves, William E. Lee

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    The Usable Past: A Study of the Harvard College Rebellion of 1834, Robert A. McCaughey

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    The U.S. and Mexico Sin Fronteras - Without Borders: Sustainable Development from a Local Perspective, Paulette Stenzel

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    The U.S.-China Rule of Law Initiative, Paul Gewirtz

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    The Use of Alternative Dispute Resolution in Natural Resource Damage Assessments, Sarah L. Inderbitzin, Nicholas Targ, James L. Byrnes, and Bruce A. Johnson

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    The Use of Arbitration to Avoid Litigation Under ERISA, Richard P. Donaldson

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    The Use of Criminal Statutes to Regulate Financial Markets in the United States, Paul Marcus

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    The Use of Numerical Quotas to Achieve Integration in Employment, George P. Sape

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    The U.S. EPA Administrator's Assessment of Civil Penalties: A Review of the Sources of Authority and the Administrator's Regulations, Richard R. Wagner

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    The Uses of Jurisdictional Redundancy: Interest, Ideology, and Innovation, Robert M. Cover

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    The Use That the Future Makes of the Past: John Marshall's Greatness and its Lessons for Today's Supreme Court Justices, Jack M. Balkin

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    The Utility Requirement in Chemical Process and Chemical Intermediate Patent Claims, James K. Stewart

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    The Virginia Bastardy Act of 1952, Jack Richard Buchheit

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    The Virginia Constitution: A Documentary Analysis

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    The Virginia Environmental Endowment

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    The Virginia Environmental Endowment: Past and Future, Michael J. Flannery

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    The Virginia Freedom of Information Act: Inadequate Enforcement, Eleanor Barry Knoth

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    The Virginia Procedure for Commitment and Release of Persons Acquitted by Reason of Insanity, Donald E. Scearce

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    The Virginia "Son of Sam" Law: An Unconsitutional Approach to Victim Compensation, Kerry Casey

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    The Virginia Special Court of Appeals: Constitutional Relief for an Overburdened Court, David K. Sutelan and Wayne R. Spencer

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    The Virginia "Stay Law", Montgomery Knight Jr.

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    The Virginia Uniform Trust Code, John E. Donaldson

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    The Virginia Uninsured Motorist Law: Its Intent and Purpose, James L. Tucker

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    The Virginia Wilderness Act: Preserving Nature's Beauty, Robin T. Browder

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    The Voluntary Nonsuit in Virginia, James L. Tucker

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    The Vote From Beyond the Grave, Krysta R. Edwards

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    The War Powers Resolution Revisited: Historic Accomplishment or Surrender?, William B. Spong Jr.

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    The Welfare Hearing Process - The Law and Administrative Regulations Examined, Robert E. Scott

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    The White-Collar Police Force: "Duty to Report" Statutes in Criminal Law Theory, Sandra Guerra Thompson

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    The Williamsburg Consensus Revisited, James G. France

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    The Women's Christian Temperance Union 1874-1898: Combating Domestic Violence, Erin M. Masson

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    The Word American Ends in "Can": The Ambiguous Promise of the American Dream, Jennifer L. Hochschild

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    The Word on Trial, Robin West

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    The Working of the New Jersey Constitution of 1947, John E. Bebout and Joseph Harrison

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    The World Summit on Sustainable Development and Women's Access to Land: Why Nigeria Should Adopt the Eritrean Land Proclamation, Natasha C. Robinson

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    The WTO: Biting the Hand That Fed It, Curtis S. Miller

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    They Can Do What!? Limitations on the Use of Change-of-Terms Clauses, Peter A. Alces and Michael M. Greenfield

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    The Year of Leaking Dangerously: Shadowy Sources, Jailed Journalists and the Uncertain Future of the Federal Journalist's Privilege., Anthony L. Fargo

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    “Thirty Pieces of Silver” for the Rights of Your People: Irresistible Offers Reconsidered as a Matter of State Constitutional Law, William W. Van Alstyne

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    Thomas C. Atkeson

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    Thoughts on the Prospects for Offshore Oil and Gas Drilling in the Atlantic Ocean

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    Threat to Religious Liberty by the Welfare State: An Illusion, Bruce Fein

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    Three Reasons Why Even Good Property Rights Cause Moral Anxiety , Emily Sherwin

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    Three Versions of Tax Reform, Alvin C. Warren Jr.

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    Threshold Determinations Under Section 102(2)(C) of NEPA: The Case for "Reasonableness" as a Standard for Judicial Review

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    Through the Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

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    Throwing Out the Baby with the Bath Water: The Impact of United States v. Goodner Brothers Aircraft, Sarah L. Inderbitzin

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    Ties in the Supreme Court of the United States, Edward A. Hartnett

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    Time to Overturn Turney, Paul A. LaFata

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    Tinkering with the Machinery of Death: An Examination and Analysis of State Indigent Defense Systems and Their Application to Death-Eligible Defendants, Michael D. Moore

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    Tipping the Balance: Hilton Davis and the Shape of Equity in the Doctrine of Equivalents, Jonathon Taylor Reavill

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    Title I of PURPA: The Effect of Federal Intrusion Into Regulation of Public Utilities, Timothy P. Dillon

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    Title VII Class Actions: The "Recovery Stage", Thomas H. Barnard

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    Title VII of the Civil Rights Act: A Review of Significant Recent Decisions, Robert A. Levitt

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    To Bargain or Not to Bargain: A New Chapter in Work Relocation Decisions, B. Glenn George

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    To "Bring Down the Flowers": The Cultural Context of Abortion Law in Early Modern England, Carla Spivack

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    Toil of the Firestarters, Peter A. Alces

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    To Love, Honor, and (Oh) Pay: Should Spouses Be Forced to Pay Each Other's Debts?, A. Mechele Dickerson

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    Tom Delay: Popular Constitutionalist?, Neal Devins

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    To Protect and Defend: Assigning Parental Rights When Parents Are in Poverty, Karen Czapanskiy

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    Tort and Contracts Claims Against Counties, D. Barry Hill

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

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    Tortious Interference: The Limits of Common Law Liability for Newsgathering, Sandra S. Baron, Hilary Lane, and David A. Schulz

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    Tortious Toxics, Lisa Heinzerling and Cameron Powers Hoffman

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    Torts, Animal or Vehicle, Contributory Negligence of Pedestrians, James J. McGowan Jr.

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    Torts - Application of Steam Signal Statute to Diesel Locomotive, William Robert Phelps Jr.

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    Torts, Automobile Guest Statute, Owner-Passenger Not Guest of Driver-Guest, Shannon T. Mason Jr.

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    Torts - Classes of Beneficiaries in Death by Wrongful Act Statute, Nancy Coleman Messick

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    Torts - Contributory Negligence as a Matter of Law, A. Overton Durrett

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    Torts - Contributory Negligence - Failure to Attach Seat Belts - Cierpisz v. Singleton, 230 A.2d 629 (Md. 1967), Michael A. Brodie

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    Torts - Contributory Negligence of Incompetents - Problem Area of Mental Deficiency Less Than Total - Wright v. Tate, 208 Va. 291 (1967)

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    Torts - Covenant Not to Sue as Bar to Action Against Other Joint Tort-feasors, Raleigh Cooley

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    Torts - Damages - Negligent Injury to Husband Does Not Give Wife Action for Loss of Consortium. Rush v. Great American Ins. Co., 376 S.W.2d 454 (Tenn. 1964), James L. Tucker

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    Torts - Damage Suits Against Pharmacists and Physicians Based on Negligence in Birth Control Treatments. Troppi v. Scarf, 187 N.W.2d 511 (Mich. 1971), Robert L. Winikoff

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    Torts - Doctrine of Attractive Nuisance - Damages Recoverable by Trespassing Child in Absence of Entrapment or Allurement. Taylor v. Alaska Rivers Nav. Corp., 391 P.2d 15 (Alaska 1964), Gus James II

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    Torts - Emotional Damage - Zone of Danger Test Rejected - Dillon v. Legg, 441 P.2d 912 (Calif. 1968), Susan Bundy Cocke

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    Torts - Federal Tort Claims Act - Government Held to Strict Liability, Long v. U.S., 241 F.Supp. 286 (D. S.C. 1965), Richard A. Repp

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    Torts - Federal Tort Claims Act - Government Liability for Torts of Servicement. Williams v. United States, 352 F.2d 477 (1965), Kent Millikan

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    Torts - Fraud and Deceit-Inspection by Vendee as Bar to Recovery, Richard H. Lewis

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    Torts: Immunity of Parent from Suit by Child Does Not Extend to Estate of Deceased Parent, Allan H. Harbert

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    Torts - Landlord and Tenant - Duty to Remove Ice and Snow, Langhorne Road Apts., Inc. v. Bisson, 207 Va. 474 (1966), James K. Stewart

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    Torts - Landlord's Liability - Liability of Landlord to Trespassing Child for Failure to Repair. Gould v. DeBeve, 330 F.2d 826 (D . C. Cir. 1964), D. Barry Hill

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    Torts - Last Clear Chance Doctrine As Humanitarian Rule, Robert E. Cook

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    Torts - Liability for the Endorser of a Product - Hanberry v. Hearst Corp., __Cal. App. 3rd __, 81 Cal. Rptr. 519 (1969), Bruce E. Titus

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    Torts - Liability of U-Drive-It Corporation to Third Parties, Douglas Boeckmann

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    Torts - Libel and Slander, Norman A. Crandell

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    Torts - Mental Distress - Recovery by Third Persons - Archibald v. Braverman, 275 Cal. App. 2d 290, __ P. 2d __, 79 Cal. Rptr. 723 (1969), Robert L. Walker

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    Torts - Plaintiff's Violation of Municipal Ordinance as Contributory Negligence, Cecil W. Johnson

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    Torts - Policeman as Licensee, William T. Lehner

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    Torts: Prenatal Injuries, Shannon T. Mason Jr.

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    Torts - Proximate Cause. Haft v. Lone Palm Hotel, __Cal. 3d __, 478 P.2d 465, 91 Cal. Rptr. 465 (1970), J. W. Montgomery III

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    Torts: Right of Brother and Sister to Sue, W. Kendall Lipscomb Jr.

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    Torts, Section II (Survey of Virginia Case Law - 1955), John E. Messick

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    Torts, Section I (Survey of Virginia Case Law - 1955), Lawrence L. Lieberman

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    Torts - Strict Liability and the Home Contractor - Kriegler v. Eichler Homes, Inc., 269 Cal, App. 2d 224, 74 Cal. Rptr, 749 (1969), Anthony Gaeta Jr.

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    Torts - Wife's Right to Sue Husband, Samuel Watts Phillips

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    Torts, Wilfull Torts of Employees, Extension of Employer's Vicarious Liability, Michael D. Alembik

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    To Serve and Yet to Be Protected: The Unconstitutional Use of Coerced Statements in Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig

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    To Walk a Crooked Path: Separating Law and Religion in the Secular State, Diane L. Zimmerman

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    Toward a Jurisprudence of Bank-Customer Relations, Peter A. Alces

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    Toward a Modified Fair Use Defense in Right of Publicity Cases, Randall T.E. Coyne

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    Toward a New Model of Consumer Protection: The Problem of Inflated Transaction Costs, Jeff Sovern

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    Toward a New Standard in Gender Discrimination: The Case of Virginia Military Institute, William A. DeVan

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    Toward an Expanded View of the Due Process Claim in Entrapment Cases, Paul Marcus

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    Toward a Practical Estate-Tax Exclusion for Family-Run Businesses: Analysis of Section 2033A and Proposal for Reform, Eric D. Chason and Robert T. Danforth

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    Toward a Religious Minority Voice: A Look at Free Exercise Law Through a Religious Minority Perspective, Samuel J. Levine

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

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    Toward Cantankerous Community: A Review of The Rooster's Egg: On the Persistence of Prejudice, Cynthia V. Ward

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    Toward Due Process in Injunction Procedure, Doug R. Rendleman

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    Toward Gender Equality: The Promise of Paradoxes of Gender to Promote Structural Change, Andrea Giampetro-Meyer

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    Toward Procedural Parity in Constitutional Litigation, Burt Neuborne

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    Towards a Feminist Theory of the Public Domain, or Rejecting the Gendered Scope of United States Copyrightable and Patentable Subject Matter, Malla Pollack

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    Towards a New Sensibility for International Economic Development, Lan Cao

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    To What Extent Does the Power of Government to Determine the Boundaries and Conditions of Lawful Commerce Permit Government to Declare Who May Advertise and Who May Not?, William W. Van Alstyne

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    To Whom Does a New Use Belong?: An Analysis of the New Use Doctrine and the Protection It Affords After Random House v. RosettaBooks, Megan M. Gillespie

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    Trade and Domestic Protection of Endangered Species: Peaceful Coexistence or Continued Conflict? The Shrimp-Turtle Dispute and the World Trade Organization, Terrence P. Stewart and Mara M. Burr

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

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    Trademarks and the Concept of Greater Care - Glenwood Laboratories, Inc. v. American Home Products Corp.

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    Trade Promotion Authority: Fast Track for the Twenty-First Century, Laura L. Wright

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    Trading Winds in Puerto Rico: The Dawn of Self-Determination Shines on a Legal System, Antonio Fernós

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    Trafficking in Humans: Now and in Herman Melville's Benito Cereno, Marilyn R. Walter

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    Tragedy, Irony, and Protectionism after BCCI: A Three-Act Play Starring Maharajah Bank, Raj Bhala

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    Transaction Costs Relating to Acquisition or Enhancement of Intangible Property: A Populist, Political, but Practical Perspective, John W. Lee

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    Transborder Data Flow: An Overview and Critique of Recent Concerns, I. Trotter Hardy

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    Transboundary Groundwater in New Mexico, Texas, and Mexico: State and Local Legal Remedies to a Challenge Between Cities, States, and Nations, Jennifer Evans

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    Transcript of Speech on American Atheists' Position on Religion in the Public Schools, Ellen Johnson

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    Transcript of Speech on Religions's Role in the Administration of the Death Penalty, Pat Robertson

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    Transferring Policymaking Power to Judges - The Effect of Judicially Enforceable Constitutional Restraints - Is Not a Denfensible Alternative to Majority Rule, Lino A. Graglia

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    Transforming Society Through Law: St. George Tucker, Women's Property Rights and an Active Republican Judiciary, Mark Douglas McGarvie

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    Transforming Transsexual and Transgender Rights, L. Camille Hebert

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    Transition to Democracy in Central and Eastern Europe: Experiences of a Model Country - Hungary, Antal Visegrády

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    Translation as Argument, Mark V. Tushnet

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    Treading on Sacred Ground: Congress's Power to Subject White House Advisers to Senate Confirmation, Douglas S. Onley

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    Treading the Thin Blue Line: Military Special-Operations Trained Police SWAT Teams and the Constitution, Karan R. Singh

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    Treasury Regulations Section 1.165-3(b)(2): Lessor Deduction for Demolition Loss

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    Treating the Pen and the Sword as Constitutional Equals: How and Why the Supreme Court Should Apply Its First Amendment Expertise to the Great Second Amendment Debate, David G. Browne

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    Treatment of Interest Rate Swaps Under the SEC's Net Capital Rule: A Proposal for Change, Matthew Calhoun Frost

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    Trends in the Relationship Between the Federal and State Courts from the Perspective of a State Court Judge, Sandra D. O'Connor

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    Trends in the Supreme Court: Mr. Jefferson’s Crumbling Wall - A Comment on Lynch v. Donnelly, William W. Van Alstyne

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    Trial De Novo Under the Food Stamp Act of 1964: The Permissible Limits of Judicial Intrusion

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    Trial Procedure - Bombshell Instruction for Deadlocked Juries: ABA Standard Replaces Allen Charge in District of Columbia. United States v. Thomas, 449 F.2d 1177 (D.C. Cir. 1971), J. Grant Corboy

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    Triangulating the Boundaries of the Pentagon Papers, John Cary Sims

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    Tribute to Dr. William F. Swindler, Warren E. Burger

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    Tribute to Dr. William F. Swindler, William B. Spong Jr.

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    Tribute to Elmer Schaefer, John E. Donaldson and Charles H. Koch Jr.

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    Tribute to John Donaldson, Neal Devins

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    Tribute to John E. Donaldson, Timothy J. Sullivan

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    Tribute to Tom Collins, John E. Donaldson

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    Triggering Coverage of Progressive Property Loss: Preserving the Distinctions Between First- and Third-Party Insurance Policies, Chandra Lantz

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    TRIPS Article 27.2: An Argument for Caution, M. Bruce Harper

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    Triumph or Tragedy? The Curious Path of Corporate Disclosure Reform in the U.K., Cynthia A. Williams and John M. Conley

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    Trustee Liability in CERCLA: Confronting the Problems and Proposing Solutions, W. Carter Santos

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    Trustee Liability Insurance Under ERISA, Marc Gertner

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    Trusts - Statutory Construction of Adoption Laws, Francis Paul Blanock

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    Truth & Beauty, Deception & Disfigurement: A Feminist Analysis of Breast Implant Litigation, Kerith Cohen

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    "Tucker's Rule": St. George Tucker and the Limited Construction of Federal Power, Kurt T. Lash

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    Tumbling Towers as Turning Points: Will 9/11 Usher in a New Civil Rights Era for Gay Men and Lesbians in the United States?, Susan J. Becker

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    Turner Broadcasting v. FCC: A First Amendment Challenge to Cable Television Must-Carry Rules, Marc Peritz

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    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 and Michael J. Hernandez

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    Two Degrees of Speech Protection: Free Speech Through the Prism of Agricultural Disparagement Laws, Harold M. Wasserman

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    Two Mothers and Their Child: A Look at the Uncertain Status of Nonbiological Lesbian Mothers Under Contemporary Law, Rachel E. Shoaf

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    Two Perspectives on Structuring Discretion: Justices Stewart and White on the Death Penalty, Larry I. Palmer

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    Two Roads Diverged: A Tale of Technology and Alternative Dispute Resolution, Amy S. Moeves and Scott C. Moeves

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    Two Section Twos and Two Section Fives: Voting Rights and Remedies After Flores, Pamela S. Karlan

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    Two Versions of Judicial Supremacy, Mark Tushnet

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    Tying Conspiracies, Christopher R. Leslie

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    Tying Meets the New Institutional Economics: Farewell to the Chimera of Forcing, Alan J. Meese

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    Tyranny of the Judiciary: Judicial Dilution of Consent Under Section 2 of the Voting Rights Act, James Thomas Tucker

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    U.C.C. § 2-713: Anticipatory Repudiation and the Measurement of an Aggrieved Buyer's Damages

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    UCC and Me in Process, Ingrid Michelsen Hillinger

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    U.C.C. Methodology: Taking a Realistic Look at the Code, John L. Gedid

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    U.C.C. Section 2-403: A Reform in Need of Reform, Katherine F. Jillson

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    UCITA: Still Crazy After All These Years, and Still Not Ready for Prime Time, James S. Heller

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    Uncertainty and the Law of Damages, Elmer J. Schaefer

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    Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States v. Scott, Andrew J. Smith

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    Under a Cruel Sun: My Life as a Female Judge and Underground Educator Under the Soviets, the Taliban, and the Americans, Marzia Basel and Dana Michael Hollywood

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    Understanding Kaye Scholer: The Autonomous Citizen, the Managed Subject and the Role of the Lawyer, Nancy Amoury Combs

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    Understanding Prophylactic Remedies Through the Looking Glass of Bush v. Gore, Tracy A. Thomas

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    Understanding the Toxic Substances Control Act: The Significance of Reporting and Recordkeeping Requirements, Courtney M. Price and Jennifer M. Smart

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    Under the Danube Canopy: The Future of International Waterway Law, Michael A. Hyman

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    Under the Empirical Radar: An Initial Expressive Law Analysis of the ADA, Michael Ashley Stein

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    U.N. Documents in U.S. Case Law, Paul Hellyer

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    Uneasy Lies the Tiara: Crowns, Contracts, and the Rebekah Revels Litigation, Amanda Harmon Cooley

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    Unexpired Leases in Bankruptcy: Rights of the Affected Mortgagee, Peter A. Alces

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    Unfulfilled Expectations: An Empirical Analysis of Why Sarbanes-Oxley Whistleblowers Rarely Win, Richard E. Moberly

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    Uniform Commercial Code - Cash Payment by the Payor Bank - Kirby v. First & Merchants Nat'l Bank, 210 Va. 88, 168 S.E. 2d 273 (1969), Richard Stafford Bray

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    Uniform Commercial Code Warranty Solutions to Art Fraud and Forgery

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    Uniformity in the Federal Courts: A Proposal for Increasing the Use of En Banc Appellate Review, Michael Ashley Stein

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    Unintelligent Design in Contract, Peter A. Alces

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    Union Discipline of Supervisors: Illinois Bell Telephone Co.

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    Union Security and the Right to Work Laws: Is Coexistence Possible?, J. T. Cutler

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    Unique Mental Health Needs of HIV-Infected Women Inmates: What Services are Required Under the Constitution and the Americans With Disabilities Act?, Connie M. Mayer

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    Unitariness and Independence: Solicitor General Control over Independent Agency Litigation, Neal Devins

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    United States Citizens Detained as "Enemy Combatants": The Right to Counsel as a Matter of Ethics, Jesselyn A. Radack

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    United States v. Anderson - The Plea Bargain as an Agreement to Become and To Remain Convicted

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    United States v. Brown: Implementing Massiah

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    United States v. Byrum - The Management Power Question in Estate Taxation

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    United States v. Causby: An Extension Thereof, Stuart Randolph Hayes

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    United States v. City of Chicago: Impact Standard Applicable to State and Local Governments Under Title VII, Lydia C. Taylor and Francis C. Bagbey

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    United States v. Davis: What Remains of Section 302(b)(1)?, Fred K. Morrison

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    United States v. Lopez: Theoretical Bang and Practical Whimper? An Illustrative Analysis Based on Lower Court Treatment of the Child Support Recovery Act, Sara L. Gottovi

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    United States v. Progressive, Inc.: The National Security and Free Speech Conflict, Janet M. Nesse

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    United States v. Smithfield: A Paradigmatic Example of Lax Enforcement of the Clean Water Act by the Commonwealth of Virginia, Derek A. Yeo and Roy A. Hoagland

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    United States v. United States: When Can the Federal Government Sue Itself?, Michael Herz

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    Unity and Pluralism in Contract Law, Nathan B. Oman

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    Universes Colliding: The Constitutional Implications of Arbitral Class Actions, Maureen A. Weston

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    Unleash RCRA! Letting Loose the Corrective Action Process of RCRA Can Change the World, Timothy O. Schimpf

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    "Un-Locke-Ing" a "Just Right" Environmental Regime: Overcoming the Three Bears of International Environmentalism - Sovereignty, Locke, and Compensation, Anne C. Dowling

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

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    Un-Neighborly Conduct: Why Can't Virginia Beach and North Carolina Be Friends?, Paul Schmidt

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    Unpleasant Speech on Campus, Even Hate Speech, Is a First Amendment Issue, Erwin Chemerinsky

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    Unprecedential Analysis and Original Intent, William P. Marshall

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    Unprincipled Exclusions: The Struggle to Achieve Judicial and Legislative Equality for Transgender People, Paisley Currah and Shannon Minter

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    Unreviewability in State Administrative Law, Charles H. Koch Jr.

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    "Unspeakable Justice" : The Oswald Martinez Case and the Failure of the Legal Stystem to Adequately Provide for Incompetent Defendants, Jamie Mickelson

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    Unwed Fathers and the Adoption Process, Robert Rausch

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    Unwed Fathers' Rights In Adoption: The Virginia Code vs. The Uniform Adoption Act, Erin Green

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

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    Update on Solid and Hazardous Waste Management in Virginia, Christine A. Finley

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    Upholding the Unbroken Tradition: Constitutional Acknowledgment of the Ten Commandments in the Public Square, Greg Abbott

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    Upzoning, Public Policy, and Fairness - A Study and Proposal, Richard W. Bartke and John S. Lamb

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    Uranium Mining and Milling in Virginia: An Analysis of Regulatory Choice, Ronald H. Rosenberg

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    Uranium Mining in Virginia, David C. Cozad

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    Urban Biosphere Reserves: Integrating Conservation, Community and Sustainability, Jennifer L. Eastman

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    Urban, Single-Sex, Public Secondary Schools: Advancing Full Development of the Talent and Capacities of America's Young Women, Amanda E. Koman

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    U.S. District Court Upholds Department of the Interior's Sale of Coal Mining Leases, Peter R. Lucchesi

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    Use of the Drug Pavulon in Lethal Injections: Cruel and Unusual, Casey Lynne Ewart

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    Use of the Income Tax Return in Unrelated Criminal Prosecutions: Garner v. United States

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    Use of the Problem Method for Teaching Legal Ethics, Thomas D. Morgan

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    U.S. Immigration Benefits for Same Sex Couples: Green Cards for Gay Partners?, Mara Schulzetenberg

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    Using - And Not Losing - Tax Losses, Part 1: Protecting Tax Losses from a Section 382 Ownership Change (Slides), Mark C. Van Deusen

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    Using - And Not Losing - Tax Losses, Part 2 (Slides), Steven M. Friedman

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    Using Currie's Interest Analysis to Resolve Conflicts Between State Regulation and the Sherman Act, James R. Ratner

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    Using Impartial Experts in Valuations: A Forum-Specific Approach, Andrew MacGregor Smith

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    Using NEPA in the Fight for Environmental Justice, Heather E. Ross

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    Utilizing Statistics and Bellwether Trials in Mass Torts: What do the Constitution and Federal Rules of Civil Procedure Permit?, R. Joseph Barton

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    Utilizing the Doctrine of Adverse Inferences When Foreign Illegality Prohibits Discovery: A Proposed Alternative, Paul Robert Eckert

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    Valuation Freezes After the 1988 Act: The Impact of Section 2036(c) on Closely Held Businesses, Karen C. Burke

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    Valuation Issues in Applying Fraudulent Transfer Law to Leveraged Buyouts, Alemante G. Selassie

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    Value and Rationality in Bankruptcy Decisionmaking, Donald R. Korobkin

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    Vanity and Vexation: Shifting the Focus to Media Conduct, Jane E. Kirtley

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    Variance Procedures Under the Clean Air Act: the Need for Flexibility

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    Vectoral Federalism, Scott Dodson

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    Vicarious Liability for Securities Law Violations: Respondeat Superior and the Controlling Person Sections

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    Victorian Tort Liability for Workplace Injuries, Michael Ashley Stein

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    Victory for Billboard Control: The Fourth Circuit Vacates and Remands Waynesville, Thomas P. Cody

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    Videoconferencing: Learning Through Screens, Nancy Gertner

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    Viewing Unconscionability Through a Market Lens, David Gilo and Ariel Porat

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    Virginia and Control of Fishing Rights, James A. Leftwich

     

    Virginia as a Case Study: EPA Should be Willing to Withdraw NPDES Permitting Authority from Deficient States, Erik R. Lehtinen

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    Virginia Bastardy Laws: A Burdensome Heritage, Dominik Lasok

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    Virginia Coastal Zone Management Report

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    Virginia Environmental Agencies: The Council on the Environment

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    Virginia Environmental Agencies: Those Reviewing Environmental Impact Statements

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    Virginia Income Taxation of Individuals - Some Comparisons With Federal Law, E. McGruder Faris Jr.

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    Virginia is for (Lovers) Business Owners who Feel the Human Rights Commission Poses a Threat to Their Religious Liberties, Sarah Miller

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    Virginia Legislative Information

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    Virginia Legislature Passes Phosphate Ban Bill, Peter R. Lucchesi

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    Virginia Procedure: Parties to Litigation Involving Automobiles, Emeric Fischer

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    Virginia's Acquisition of Unclaimed and Abandoned Personal Property, K. Reed Mayo

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    Virginia's Capital Jurors, Stephen P. Garvey and Paul Marcus

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    Virginia's Domestic Relations Long-Arm Legislation: Does Its Reach Exceed Its Due Process Grasp?, E. Roy Hawkens

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    Virginia's Environmental Impact Law

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    Virginia's Experience with the "Uninsured Motorist" Act, John M. Court

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    Virginia's Proposals for Coastal Resources Management: Status Report

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    Virginia's Response to Family Violence, Harriet Russell

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    Virginia's Untested Statute Requiring Contribution Toward State Care of Insane, Joel Wilcox West

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    Virginia Survey of Law: Property Section; Trusts and Estates Section, Lynda L. Butler

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    Virginia's Water Quality Management Evaluated At Environmental Conference, Susan C. Watkins and W. Henry Lawrence

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    Virginia Water Policy: The Imprecise Mandate, William R. Walker and William E. Cox

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    Virginia Water Rights, James O. Reavis

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    Virginia Zoning Review and Due Process

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    Virtues (and Limits) of Shared Values: The Fourth Amendment and Miranda's Concept of Custody, Richard A. Williamson

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    Visions of a Labor Lawyer: The Legacy of Justice Brennan, B. Glenn George

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    Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin

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    Voter Registration and Election Reform, Daniel P. Tokaji

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    Voting System Risk Assessment Via Computational Complexity Analysis, Dan S. Wallach

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    Voting Technology and the 2008 New Hampshire Primary, Michael C. Herron, Walter R. Mebane, and Jonathan N. Wand

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

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    Wage Garnishment Under the Consumer Credit Protection Act: An Examination of the Effects on Existing State Law, Douglas S. Wood

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    Wagering on Religious Liberty, Nathan B. Oman

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    Waiting for the Mountain to Come to DOE: Existing Options for Compromise Between the Department of Energy and Nuclear Utilities Regarding the Disposal of Spent Nuclear Fuel, Timothy P. Cairns

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    Waiver of the Delivery Schedule in Government Contracts - A Review of the 1967 BCA Decisions, E. K. Gubin

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    Waiver of the Right to Appeal Sentencing in Plea Agreements with the Federal Government, David E. Carney

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    Waiver of the Statute of Frauds Under Uniform Commercial Code Section 2-209: Double-E Sportswear Corp. v. Girard Trust Bank

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    Waivers of Immunity in Federal Environmental Statutes of the Twenty-First Century: Correcting a Confusing Mess, Kenneth M. Murchison

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    Wake Up and Smell the Contraband: Why Courts that do not Find Probable Cause Based on Odor Alone Are Wrong, Michael A. Sprow

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    Warranty in Virginia, Allan H. Harbert

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    War, Society, and Disability: Some Thoughts on Applying Under-Utilized Methodologies, Michael Ashley Stein

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    Washington Supreme Court Upholds State Anti-Spamming Law, Nathan B. Oman

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    Water Law Amendments for Virginia?

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    Water Markets as a Tragedy of the Anticommons, Stephen N. Bretsen and Peter J. Hill

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    Water Privatization Trends in the United States: Human Rights, National Security, and Public Stewardship, Craig Anthony (Tony) Arnold

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    Water Rights Legislation in the East: A Program for Reform, Richard Ausness

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    Watersheds and the Integration of U.S. Water Law and Policy: Bridging the Great Divides, Robert W. Adler and Michele Straube

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    "We Do Ordain and Establish": The Constitution as Literary Text, Robert A. Ferguson

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    Weighing In on the Wine Wars: What the European Union Can Teach Us About the Direct Shipment Controversy, Jonathan W. Garlough

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    Weighing the Need to Establish Regulatory Takings Doctrine to Justify Takings Standards of Review and Principles, James E. Holloway and Donald C. Guy

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    Welcome to the Constantly Evolving Field of Administrative Law, Paul R. Verkuil

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    Western Hemisphere Trade Corporations: Reconsidered, David L. Gibson

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    Weston v. Commonwealth - One Year Later, John Lee Darst

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    Wetlands Mitigation: Retroactive Application of Clean Water Act Requirements to Property Destroyed by Natural Disasters, John Stapleford

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    What Constitutes Doing Business in Virginia, Robert C. Stackhouse

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    What Counts as Domestic Violence? A Conceptual Analysis, Michelle Madden Dempsey

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    What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, and Runoff Have in Common?: The Controversy over "Junk Science", Linda A. Malone

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    What Do You Think About the Twenty-Seventh Amendment?, William W. Van Alstyne

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    What if I Want My Kids to Watch Pornography?: Protecting Children from "Indecent" Speech, Ashutosh Bhagwat

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    What Is “An Establishment of Religion?", William W. Van Alstyne

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    What is a Question of Law?, Arthur W. Phelps

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    What is Urban Health Policy and What's Law Got to Do with It?, Larry I. Palmer

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    What's a Woman to Do?: A Look at Private Child Support Agreements in Virginia, Nicole Spain

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    What's Guilt (or Deterrence) Got To Do with It?: The Death Penalty, Ritual, and Mimetic Violence, Donald L. Beschle

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

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    What Should You Notice When You Get Notice?: Undiscovered But Discoverable Environmental Claims in Bankruptcy, Royanne Kashiwahara Doi and H. Hammer Hill

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    What's in a Name? Reflections on Timing, Naming, and Constitution-making, Vicki C. Jackson

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    What's Love Got to Do With It?, Susan Bandes

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    What Standards Apply When Freedoms Collide?, Neal Devins

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    Whats the Harm?: Rethinking the Role of Domestic Violence Advocates and the Unauthorized Practice of Law, Suzanne J. Schmitz

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    What the Attorney Should Know About the Clean Air Act

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    What the Supreme Court Could Learn About The Child Online Protection Act by Reading Playboy, Shaun Richardson

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    What We Know and What We Need to Know About the Effects of Courtroom Technology, Elizabeth C. Wiggins

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    What You Don't Know Can Hurt You: The Importance of Information in the Battle Against Environmental Class and Racial Discrimination, Browne C. Lewis

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    When 2 or 3 Come Together, Tracey L. Meares and Kelsi Brown Corkan

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    When Doctrines Collide: Corporate Negligence and Respondeat Superior When Hospital Employees Fail To Speak Up, I. Trotter Hardy

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    When Equality Leaves Everyone Worse Off: The Problem of Leveling Down in Equality Law, Deborah L. Brake

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    When First Amendment Values and Competition Policy Collide: Resolving the Dilemma of Mixed-Motive Boycotts, Kay P. Kindred

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    When Freedom Is Not Free: Investigating the First Amendment's Potential for Providing Protection Against Sexual Profiling in the Public Workplace, Michele Alexandre

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    When Gender Meets Sex: An Exploratory Study of Women Who Seduce Adolescent Boys, Kay L. Levine

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    When is a Corporate Executive "Substantially Unfit to Serve"?, Jayne W. Barnard

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    When Is Broad Too Broad? Environmental Legislation and Interpretation of Government Liability at Federal Facilities, Richard H. Ottinger

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    When Judges Abandon Analogy: The Problem of Delay in Commencing Criminal Prosecutions, Phyllis Goldfarb

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    When Lochner Met Dolan: The Attempted Transformation of American Land Use Law by Constitutional Interpretation, Ronald H. Rosenberg and Nancy Stroud

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    When Security Interests Become Liabilities: Lenders Look to Limit Exposure for Hazardous Waste Cleanup Costs under Superfund, E. Deren Breast and Thomas P. Cody

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    When the War on Poverty Became the War on Poor, Pregnant Women: Political Rhetoric, the Unconstitutional Conditions Doctrine, and the Family Cap Restrictions, Carole M. Hirsch

    PDF

    When Tribal Treaty Fishing Rights Become a Mere Opportunity to Dip One's Net into the Water and Pull it out Empty: The Case for Money Damages when Treaty-Reserved Fish Habitat is Degraded, Brian J. Perron

    PDF

    When Y2K Causes "Economic Loss" to "Other Property", Peter A. Alces and Aaron S. Book

    PDF

    Where Do We Go from Here? Handgun Regulation in a Post-Heller World, Lindsey Craven

    PDF

    Where's Dolan? Exactions Law in 1998, Jonathan M. Davidson, Ronald H. Rosenberg, and Michael C. Spata

    PDF

    Where's the Politics?: Introduction to Williams, Eastland, Days, and Rabkin, Neal Devins

    PDF

    Where They're Calling From: Cultural Roots of Rap, Jimmie L. Briggs Jr.

    PDF

    Where Yards Are Wide: Have Land Use Planning and Law Gone Away?, Lee R. Epstein

    PDF

    Whether the Federal Rules of Evidence Should be Conceived as a Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried

    PDF

    Which Ties Bind? Redefining the Parent-Child Relationship in an Age of Genetic Certainty, June Carbone and Naomi Cahn

    PDF

    White Collar Crime: A Legal Overview, Paul Marcus

    PDF

    White Collar Crime from Scratch: Some Observations on the East European Experience, Sarah N. Welling

    PDF

    White-Collar Crime in Brazil: Legislation, Court Decisions, and the Opinion of Legal Writers, Peter Walter Ashton

    PDF

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

    PDF

    Whither Sexual Orientation Analysis?: The Proper Methodology When Due Process and Equal Protection Intersect, Sharon E. Rush

    PDF

    Whither the Press: The Fourth Estate and the Journalism of Blame, Gerald G. Ashdown

    PDF

    W(h)ither Warranty: The B(l)oom of Products Liability Theory in Cases of Deficient Software Design, Peter A. Alces

    PDF

    Who Are the Parents Biotechnological Children?, Larry I. Palmer

    PDF

    Who Decides If There Is "Triumph in the Ultimate Agony?" Constitutional Theory and the Emerging Right to Die with Dignity, Brian C. Goebel

    PDF

    Who Is Injured when Racially Discriminatory Private Schools are Tax-Exempt?, Neal Devins

    PDF

    Who is to Shame? Narratives of Neonaticide, Susan Ayres

    PDF

    "Who Owns the Child?": Meyer and Pierce and the Child as Property, Barbara Bennett Woodhouse

    PDF

    Whose Constitution Is It? Why Federalism and Constitutional Positivism Don't Mix, James A. Gardner

    PDF

    Whose Line in the Sand: Can Environmental Protection and National Security Coexist, and Should the Government Be Held Liable for not Attaining This Goal?, Ekundayo B. George

    PDF

    Whose SIP Is It Anyway? State-Federal Conflict in Clean Air Act Enforcement, Steve Novick and Bill Westerfield

    PDF

    Who Should Regulate? Federalism and Conflict in Regulation of Green Buildings, Shari Shapiro

    PDF

    Who Speaks for the State?: Religious Speakers on Government Platforms and the Role of Disclaiming Endorsement, Steven H. Aden

    PDF

    Who Speaks Latin Anymore? Translating De Minimis Use for Application To Music Copyright Infringement and Sampling, David S. Blessing

    PDF

    Why a Different Approach Is Required If Global Climate Change Is to Be Controlled Efficiently or Even at All, Alan Carlin

    PDF

    Why an Interest Equalization Tax?, Owen Alan Knopping

    PDF

    Why Church and State Should Be Separate, Erwin Chemerinsky

    PDF

    Why (Consumer) Bankruptcy?, Richard M. Hynes

    PDF

    Why Corporations Should Adopt the Valdez Principles, Mary Ellen West

    PDF

    Why Don't More Public Schools Teach Sex Education? A Constitutional Explanation and Critique, Jesse R. Merriam

    PDF

    Why Family Cap Laws Just Aren't Getting It Done, Kelly J. Gastley

    PDF

    Why Formalism?, James E. Moliterno

    PDF

    Why Justice Breyer Was Wrong in Van Orden v. Perry, Erwin Chemerinsky

    PDF

    Why Legal Research Training Is So Bad: A Response to Howland and Lewis, I. Trotter Hardy

    PDF

    Why Now Is Not the Time for Constitutional Amendment: The Limited Reach of City of Boerne v. Flores, Kent Greenawalt

    PDF

    Why Political Reliance on Religiously Grounded Morality Does Not Violate the Establishment Clause, Michael J. Perry

    PDF

    Why Premerger Review Needed Reform - And Still Does, Andrew G. Howell

    PDF

    Why Protect Private Arms Possession? Nine Theories of the Second Amendment, Michael Steven Green

    PDF

    Why Segregated Schools for Gay Students May Pass a "Separate but Equal" Analysis but Fail Other Issues and Concerns, Louis P. Nappen

    PDF

    Why the Congress Was Wrong and the Court Was Right - Reflections on City of Boerne v. Flores, Ira C. Lupu

    PDF

    Why the President Must Veto Unconstitutional Bills, Saikrishna B. Prakash

    PDF

    Why the Proposed Maryland Constitution Was Not Approved, Thomas G. Pullen Jr.

    PDF

    Why the United States Supreme Court Got Some [but not a lot] of the Sixth Amendment Right to Counsel Analysis Right, Paul Marcus

    PDF

    Why VEETC Is Not Enough: Protecting the National Highway Transportation Infrastructure, Stephen McDonald

    PDF

    Wielding the Big Stick: Deterrence and the Criminal Enforcement of Environmental Laws, Bradley C. Howard

    PDF

    Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses the Question, Mark Gottlieb and Richard A. Daynard

    PDF

    William and Mary Bicentennial Commemoraiton: New Light on the General Court of Colonial Virginia, Frank L. Dewey

    PDF

    William and Mary Bicentennial Commemoration: Virginia Constitutional Commentaries: The Formative Period, 1776-1803, William F. Swindler

    PDF

    William B. Spong, Jr., Mike Mansfield

    PDF

    William B. Spong, Jr., Charles S. Robb

    PDF

    William B. Spong, Jr., John Ritchie III

    PDF

    Will, Judgment, and Economic Liberty: Mr. Justice Souter and the Mistranslation of the Due Process Clause, Alan J. Meese

    PDF

    Will Marriage Promotion Work?, Vivian E. Hamilton

    PDF

    Wills - Renunciation in Behalf of Incompetent Widow, Donald A. Lawrence

    PDF

    Windfalls, Eric Kades

    PDF

    Winters in the East: Tribal Reserved Rights to Water in Riparian States, Judith V. Royster

    PDF

    Wireless Facilities Are a Towering Problem: How Can Local Zoning Boards Make the Call Without Violating Section 704 of the Telecommunications Act of 1996?, Kevin M. O'Neill

    PDF

    With John Marshall from William and Mary to Dartmouth College, Florian Bartosic

    PDF

    W & M Law School Came First. Why Care?, W. Taylor Reveley III

    PDF

    Women and the Death Penalty: Racial Disparities and Differences, Harry Greenlee and Shelia P. Greenlee

    PDF

    Women and War, Linda A. Malone

    PDF

    Women in Federal Prison: Pathways In, Programs Out, Kim White

    PDF

    Women in Post-Conflict Reconstruction: Dilemmas and Directions, Naomi R. Cahn

    PDF

    Women in Prison: International Problems and Human Rights Based Approaches to Reform, Jenni Gainsborough

    PDF

    Women Lawyers, Their Status, Influence, and Retention in the Legal Profession, Paula A. Patton

    PDF

    Women, Writing & Wages: Breaking the Last Taboo, Jan M. Levine and Kathryn M. Stanchi

    PDF

    Workers' Rights Against a Bankrupt Employer, Nancy L. Lowndes

    PDF

    Workmen's Compensation - Recovery for Federal Prisoners under Federal Torts Claims Act - 87 S. Ct. 382 (1966), Robert P. Kahn

    PDF

    Workmen's Compensation - Statutory Requirement of Injury by Accident, Thomas D. Terry

    PDF

    Workmen's Compensation - Who Is an "Other Party" within the Meaning of Virginia Code § 65.38? Bosher v. Jamerson, 207 V a. 539 (1966), Edward C. Newton Jr.

    PDF

    Work Product Exception to Discovery - The New York Experience, Glenn E. Coven

    PDF

    Wrongful Death Damages in Virginia, Donald E. Lee Jr.

    PDF

    Wrongful Life: A Modern Claim Which Conforms to the Traditional Tort Framework, Richard E. Wolff

    PDF

    Wrongs and Rights in Superterraneous Airspace: Causby and the Courts, Richard A. Repp

    PDF

    Xenophobia and Parochialism in the History of American Legal Process: From the Jacksonian Era to the Sagebrush Rebellion, Harry N. Scheiber

    PDF

    Yes, No, and Maybe: Informed Decision Making about Divorce Mediation in the Presence of Domestic Violence, Nancy Ver Steegh

    PDF

    Yet Another Constitutional Crisis?, Keith E. Whittington

    PDF

    Yet Another Gender Study? A Critique of the Harvard Study and a Proposal for Change, Morrison Torrey

    PDF

    You Can't Ask (or Say) That: The First Amendment and Civil Rights Restrictions on Decisionmaker Speech, Helen Norton

    PDF

    "You Fall Into Scylla in Seeking to Avoid Charybdis": The Second Circuit's Pragmatic Approach to Supervised Release for Sex Offenders, Frank E. Correll Jr.

    PDF

    You Made Your Bed...Now You Are Going to Pay for It: An Analysis of the Effects of Virginia's Mandatory Paternal Identification in AFDC Cases Will Have on the Rights of Unwed Fathers, Kindra L. Gromelski

    PDF

    You Make Me Feel Like a Natural Woman: Allowing Parents to Consent to Early Gender Assignment Surgeries for Their Intersexed Infants, Sara A. Aliabadi

    PDF

    Your Honor, I Seen Him with That Gang: The Constitutionality of the Federal Criminal Street Gang Statute in the Wake of Apprendi v. New Jersey, Jennifer E. Fleming

    PDF

    Your Money or Your Wife's?: Social Security Changes Considered, Neal Devins

    PDF

    Zero Emission Vehicles: The Air Pollution Messiah? Northeastern States Mandate ZEVs Without Considering the Alternatives or Consequences, David Bennett

    PDF

    Zoe Baird, Betrayal and Fragmentation, Susan Grover

    PDF

    Zoning: Setback Lines: A Reappraisal, Thomas D. Horne

    PDF

    Zoning, Taking, and Dealing: The Problems and Promise of Bargaining in Land Use Planning, Erin Ryan

 
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