Content Posted in 2017 | William & Mary Law School Scholarship Repository | College of William & Mary Law School Research

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Content Posted in 2017

Abortion, Moral Law, and the First Amendment: The Conflict Between Fetal Rights & Freedom of Religion, Barbara Pfeffer Billauer

A Case of Overcorrection: How the FTC’s Regulation of “Unfair Acts And Practices” is Unfair to Small Businesses, Jennifer L. West

Achieving Emissions Reductions for Environmental Justice Communities Through Climate Change Mitigation Policy, Nicky Sheats

Admissions Brochure 2017-2018, William & Mary Law School

Advancing Auer in an Era of Retreat, Stephen M. Johnson

A “Green” Approach to Hedge Fund Regulation and Reform, Matthew Keehn

A Major Renovation and Addition -- The Wolf Law Library, College of William & Mary, Stephen G. Margeton and James S. Heller

Amici Curiae Brief of Scholars of American Religious History & Law in Support of Neither Party, Nathan B. Oman and Anna-Rose Mathieson

Amicus Curiae (Vol. 10, No. 10)

Amicus Curiae (Vol. 10, No, 11)

Amicus Curiae (Vol. 10, No. 13)

Amicus Curiae (Vol. 10, No. 7)

Amicus Curiae (Vol. 11, No. 10)

Amicus Curiae (Vol. 11, No. 4)

Amicus Curiae (Vol 11, No. 6)

Amicus Curiae (Vol. 11, No. 7)

Amicus Curiae (Vol. 11, No. 8)

Amicus (Vol. 11, No. 10n)

An All-Volunteer Force: Law Students and Pro Bono Lawyers Helping Veterans, Patricia E. Roberts

A Progressive Federal Tax Credit for State Tax Payments, Eric Kades

Arbitrating Ballot Battles, Rebecca Green

Are Commercial Speech Cases Ideological? An Empirical Inquiry, Adam M. Samaha and Roy Germano

A Return on Investment: How the Breastfeeding Promotion Act Can Change the Make-Up of the Private Workforce, Krishna Jani

A Reverent Reflection of the Splendid Scholarship of Martin Redish—Does Reexamining Commercial Speech Shed Light on the Regrettable Reliance Upon Lie & Insult in Political Campaigns?, Douglas W. Kmiec

Bare Minimum: Stripping Pay for Independent Contractors in the Share Economy, Michael H. LeRoy

Betraying Formality for False Equity: The Danger of Transposing Equitable Considerations into Contract Law to Remedy Regulatory Pitfalls, Elliott Morris

Between England and France: A Cross-Channel Legal Culture in the Late Thirteenth Century, Thomas J. McSweeney

Book Review of Lizzie Borden on Trial: Murder, Ethnicity, and Gender, Linda K. Tesar

“Breaking Bad” Contracts: Bargaining for Masculinity in Popular Culture, Lenora Ledwon

Brief of Amici Curiae Professor Aaron-Andrew P. Bruhl in Support of Petitioner, Aaron-Andrew P. Bruhl, Patricia E. Roberts, and Tillman J. Breckenridge

Brigham-Kanner Property Rights Conference Journal, Volume 5, William & Mary Law School

But First, (Don’t) Let Me Take a Selfie: New Hampshire’s Ban on Ballot Selfies and First Amendment Scrutiny, Emily Wagman

Buying Happiness: Property, Acquisition, and Subjective Well-Being, David Fagundes

Closing the Schoolhouse Doors: State Efforts to Limit K-12 Education for Unauthorized Migrant School Children, Angela M. Banks

Combating Thieves of Valor: The Stolen Valor Act of 2013 Is Constitutional Yet Unenforced, Mary E. Johnston

Commercial Speech and the Perils of Parity, Frederick Schauer

Copyright Law’s Origin Stories, Laura A. Heymann

Courtside, Paul M. Smith, Katherine A. Fallow, Daniel Mach, and Aaron-Andrew P. Bruhl

Crash and Learn: The Inability of Transparency Laws to Penetrate American Monetary Policy, Benjamin W. Cramer and Martin E. Halstuk

Creating a Literature for the King’s Courts in the Later Thirteenth Century: Hengham Magna, Fet Asaver, and Bracton, Thomas J. McSweeney

Creative Capitalism and Human Trafficking: A Business Approach to Eliminate Forced Labor and Human Trafficking from Global Supply Chains, Dana Raigrodski

Criminalizing Substance Abuse and Undermining Roe v. Wade: The Tension Between Abortion Doctrine and the Criminalization of Prenatal Substance Abuse, Myrisha S. Lewis

Crowdfunding Without the Crowd, Darian M. Ibrahim

Customary Constraints on the Use of Force: Article 51 with an American Accent, William C. Banks and Evan J. Criddle

Data-Driven Discrimination at Work, Pauline T. Kim

Deconstructing Juryless Fact-Finding in Civil Cases, Shaakirrah R. Sanders

Doux Commerce, Religion, and the Limits of Antidiscrimination Law, Nathan B. Oman

Ecological Economics and Sport Stadium Public Financing, Christopher M. McLeod and John T. Holden

Environmental Justice and the Clean Power Plan: The Case of Energy Efficiency, Cecilia Martinez

Excessively Unconstitutional: Civil Asset Forfeiture and the Excessive Fines Clause in Virginia, Rachel Jones

Exercises for the Presentation of Diplomas (May 14, 2017), William & Mary Law School

Exploring the Boundaries of Obergefell, Andrew J. Pecoraro

Faculty Meeting Minutes (April 2017), William & Mary Law School Faculty

Faculty Meeting Minutes (December 2016), William & Mary Law School Faculty

Faculty Meeting Minutes (February 2017), William & Mary Law School Faculty

Faculty Meeting Minutes (March 2017), William & Mary Law School Faculty

False Commercial Speech and the First Amendment: Understanding the Implications of the Equivalency Principle, Martin H. Redish and Kyle Voils

Federalist Court: How the Federalist Society Became the De Facto Selector of Republican Supreme Court Justices, Lawrence Baum and Neal Devins

Fixer Upper: Reforming Vergara’s Teacher Tenure Statutes, Abigail Hoglund-Shen

Forcing Players to Walk the Plank: Why End User License Agreements Improperly Control Players’ Rights Regarding Microtransactions in Video Games, Chelsea King

Forest Eyre Justices in the Reign of Henry III (1216–1272), Ryan Rowberry

Forest Law Through the Looking Glass: Distortions of the Forest Charter in the Outlaw Fiction of Late Medieval England, Sarah Harlan-Haughey

From Rising Heat Comes Rising Tension in Syria: How Global Warming Started a War & Threatens Homeland Security, D'Andre Lampkin

Garbage, Power, and Environmental Justice: The Clean Power Plan Rule, Ana Isabel Baptista and Kumar Kartik Amarnath

Giving Credit Where Credit is Due: Reducing Inequality with a Progressive State Tax Credit, Eric Kades

Going … Going … Public? Taking a United States Professional Sports League Public, Ian A. McLin

Has the Future Already Been Forgotten? A Post-2007 Transgender Legal History Told Through the Eyes of the Late, (Rarely) Great Employment Non-Discrimination Act, Katrina C. Rose

Hiding in Plain View: A Path Around Sovereign Immunity for State Government Employees, William J. Rich

How Absolute Is the Absolute Priority Rule in Bankruptcy? The Case for Structured Dismissals, Bruce Grohsgal

If it Looks Like a Super PAC, Acts Like a Super PAC, and is Restricted Like a Super PAC, Then Treat it Like a Super PAC: Why Contribution Limits on a Hybrid PAC’s Independent-Expenditure Arm are Impermissible, Jacob N. Kipp

Immigrant Covering, Stella Burch Elias

Impression Products, Inc. v. Lexmark Inc.: Will International Patent Exhaustion Bring Free Trade in Patented Goods?, Sarah R. Wasserman Rajec

In Defense of Judicial Supremacy, Erwin Chemerinsky

Indefiniteness as an Invalidity Case, Janet M. Smith

Information-Dissemination Law: The Regulation of How Market-Moving Information Is Revealed, Kevin S. Haeberle and M. Todd Henderson

In Praise of Legal Scholarship, Tamara R. Piety

Interpretation and Re-Interpretation of a Clause: Magna Carta and the Widow’s Quarantine, Janet Loengard

Intrapreneurship, Darian M. Ibrahim

Introduction, Kate Price

Introduction: The Moral Demands of Commercial Speech, Andrew Koppelman

Introduction to the Virginia Working Waterfront Master Plan, Bill Pruitt

Issues Faced by Communities with Working Waterfronts and Potential Legislative Measures to Address Them, Robert Bloxom, Keith Hodges, and Lynwood Lewis

Issues Faced by our Working Waterfront Communities Today, Ralph Northam

Is the “Arising Under” Jurisdictional Grant in Article III Self-Executing?, David R. Dow

“Johnny Pushed Me and I Can’t Get Up . . . And I Can’t Get Help!”: The Intersection of Elder Abuse and Domestic Violence in South Carolina and Its Effect on Older Battered Women, Mary D. Antley

Judcial Fact-Finding in an Age of Rapid Change: Creative Reforms from Abroad, Allison Orr Larsen

Judicial Departmentalism: An Introduction, Kevin C. Walsh

Judicial Supremacy and Taking Conflicting Rights Seriously, Rebecca L. Brown

Judicial Supremacy Revisited: Independent Constitutional Authority in American Constitutional Law and Practice, Mark A. Graber

Justice Scalia and Abortion Speech, Timothy Zick

Justice Scalia’s Bottom-Up Approach to Shaping the Law, Meghan J. Ryan

Law Schools and the Public Good, Judith Areen and Paul Marcus

Legislative Exhaustion, Michael Sant’Ambrogio

Lessons from Ferguson on Individual Defense Representation as a Tool of Systemic Reform, Beth A. Colgan

Let’s Stop Playing Games: A Consistent Test for Unlicensed Trademark Use and the Right of Publicity in Video Games, Arlen Papazian

Liberty in Loyalty: A Republican Theory of Fiduciary Law, Evan J. Criddle

License to Abuse: Confronting Coach-Inflicted Sexual Assault in American Olympic Sports, Haley O. Morton

Magna Carta, Civil Law, and Canon Law, Thomas J. McSweeney

Magna Carta in the Fourteenth Century: From Law to Symbol?: Reflections on the “Six Statutes”, Charles Donahue Jr.

Magna Carta in the Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, and a Turn Away from Trial by Jury, David J. Seipp

“Meaningful Access” Demands Meaningful Efforts: The Need for Greater Access to Virginia State Courts for Limited English Proficient Litigants, Carolyn Harlamert

Members Only: Undocumented Students & In-State Tuition, Angela M. Banks

More Than Just a Toothache? N.C. Dental Leaves Medical Boards Vulnerable: A Look at Telemedicine Companies and Antitrust Challenges to State Prescription Drug Rules, Alexander R. Kalyniuk

Much Ado About Nothing: Signing Statements, Vetoes, and Presidential Constitutional Interpretation, Keith E. Whittington

Much Ado About Nothing: The Limits of Liability for Item 303 Omissions and the Circuit Split That Never Was, Brian Currie

Netflix and Quill: Using Access and Consumption to Create a Plan for Taxing the Cloud, William L. Fletcher Jr.

Neuroscience Changes More Than You Can Think, Paul S. Davies and Peter A. Alces

No Regrets (Almost): After Virginia Board of Pharmacy, Alan B. Morrison

Note to Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks and Nathan B. Oman

Of Prairie Dogs and Congressmen: Defining the Regulated Activity and Why it Matters for rhe Commerce Clause Substantial Effect Test, Bethany Bostron

Opening Remarks, W. Taylor Reveley III, Drew Lumpkin, Davison M. Douglas, and Elizabeth Armistead Andrews

Outside a Black Box: Court and Regulatory Review of Investment Valuations of Hard-to-Value Securities, Salvatore Massa

Patents Absent Adversaries, Sarah R. Wasserman Rajec

Personal Enough for Protection: The Fifth Amendment and Single-Member LLCs, Lila L. Inman

Plan EJ 2014: Fact or Fiction? A Critique of the Obama Administration’s Efforts on Environmental Justice, Jeanne Zokovitch Paben

Preemption as a Consistency Doctrine, Jesse Merriam

Pressures Facing Working Waterfront Communities, and the Need for Planning to Address Them, Albert Pollard, Lewis Lawrence, Ben McFarlane, and Curtis Smith

Pricing the Fourth Amendment, Miriam H. Baer

Protean Statutory Interpretation in the Courts of Appeals, James J. Brudney and Lawrence Baum

Protecting Human Rights During Emergencies: Delegation, Derogation, and Deference, Evan J. Criddle

Protecting the Imperfect Victim: Expanding “Safe Harbors” to Adult Victims of Sex Trafficking, Christine Anchan

PTSD, TBI, and OTH Discharges: A Case Study of a Young Service Member, Patricia E. Roberts

Putting the Illegal Wildlife Trade in the Crosshairs: How the Global Conservation Crisis Demonstrates the Need for Lacey Act Enforcement of Foreign Laws, Jonathan Gonzalez

Python Crossing Prohibited: The Interplay of Ethics, Aesthetics, Regulation, and Industry Transformation in the Luxury Apparel Market, Sophia Mossberg

Quantifying the Tax Advantage of Deferred Compensation, Eric D. Chason

Reading Together and Apart: Juries, Courts, and Substantial Similarity in Copyright Law, Laura A. Heymann

Real Bite: Legal Realism and Meaningful Rational Basis in Dog Law and Beyond, Ann L. Schiavone

Recurrent Flooding and Social Vulnerability: A Model Ordinance, Sarah Edwards

Reducing the Dangers of Future Dangerousness Testimony: Applying the Federal Rules of Evidence to Capital Sentencing, Jaymes Fairfax-Columbo and David DeMatteo

‘Relational Privacy’ & Tort, Stuart Hargreaves

Reliance on Nonenforcement, Zachary S. Price

Repositories, Taxonomies and Non-Traditional Roles, Lauren Seney

Resolution on the Retirement of Susan S. Grover (January 2017), William & Mary Law School Faculty

Rethinking Corporate Governance for a Bondholder Financed, Systemically Risky World, Steven L. Schwarcz

Room to Grow: A Consumer-Focused Proposal for Revitalizing Ohio’s Renewable Energy Sector Through Sustainable Expansion of the Market, Mairi Mull

Salvation by Statute: Magna Carta, Legislation, and the King’s Soul, Thomas J. McSweeney

Same-Sex Parents and Their Children: Brazilian Case Law and Insights from Psychoanalysis, Helena Campos Refosco and Martha Maria Guida Fernandes

Science & Policy Issues Surrounding the Project, Emily Tucker and Patrick Harner

Semantic Vagueness and Extrajudicial Constitutional Decisionmaking, Anthony O'Rourke

'Serial' Should Release Bergdahl Interviews, Jeffrey Bellin

Sex Workers and Human Rights: A Critical Analysis of Laws Regarding Sex Work, Rachel Marshall

Should Foreign Pension Funds with U.S. Investments Pay U.S. Tax?, Cynthia Blum

Soft Supremacy, Corinna Barrett Lain

Sovereignty, Deference, and Deportation: Allocating and Enforcing Immigrants' Rights in the United States and Europe, Angela M. Banks

Sovereignty, Territoriality, and the Enforcement of Foreign Judgments, George Rutherglen and James Y. Stern

Special Faculty Meeting Minutes (December 2016), William & Mary Law School Faculty

State and Local Procedural Injustices in Environmental Regulation: The Experiences of Tallevast, Florida, Brett M. Paben

State of the European Union, Christie S. Warren

Stock-Market Law and the Accuracy of Public Companies’ Stock Prices, Kevin S. Haeberle

Survey Says . . . ? An Argument for More Frontloaded FERC Public Use Provider Determinations as a Means of Streamlining the Commission S Regulatory Role Over Interstate Natural Gas Pipeline Operators, Christopher Earle

Sustainable Water Initiative for Tomorrow Expert Panel, Rich Batiuk, Russ Baxter, Michael Markus, Jeff Mosher, and Peggy Sanner

Sustainable Water Initiative for Tomorrow (SWIFT) Wastewater Injection Project, Ted Henifin and Charles Bott

Symposium on the Challenges of Electronic Evidence, Daniel C. Capra, Sidney A. Fitzwater, Peter Pitegoff, Jeffrey S. Suttom, Paul Grimm, John Haried, Richard W. Vorder Bruegge, Jeffrey Bellin, Paul Scechtman, Deirdre M. Smith, Shira A. Scheindlin, David Shonka, Daniel Gelb, Andrew Goldsmith, George Paul, and Paul Lippe

Table of Contents and Masthead (v. 23, no. 1)

Table of Contents and Masthead (v. 23, no. 2)

Table of Contents and Masthead (v. 25, no. 1)

Table of Contents and Masthead (v. 25, no. 3)

Table of Contents and Masthead (v. 25, no. 4)

Table of Contents and Masthead (v. 41, no. 1)

Table of Contents and Masthead (v. 41, no. 2)

Table of Contents and Masthead (v. 41, no. 3)

Table of Contents and Masthead (v. 8, no. 1)

Table of Contents (v. 23, no. 3)

Table of Contents (v. 25, no. 2)

Table of Contents (v. 58, no. 3)

Table of Contents (v. 58, no. 4)

Table of Contents (v. 58, no. 5)

Table of Contents (v. 58, no. 6)

Table of Contents (v. 8, no. 2)

Table of Contents (v. 8, no. 3)

The Advocate (Vol. 11, Issue 11)

The Advocate (Vol. 12, Issue 8)

The Advocate (Vol. 12, Issue 9)

The Annoying Constitution: Implications for the Allocation of Interpretive Authority, Frederick Schauer

The Battle Over Scientific Whaling: A New Proposal to Stop Japan’s Lethal Research and Reform the International Whaling Commission, Laura Hoey

The Challenges of Gaming for Democratic Education: The Case of iCivics, Jeremy D. Stoddard, Angela M. Banks, Christine L. Nemacheck, and Elizabeth Wenska

The Church and Magna Carta, R. H. Helmholz

The Commercial Difference, Felix T. Wu

The Continuing Saga of Wild Horse Management: Finding a Balance in the Case of One of America’s Iconic Symbols, Elspeth Visser

The Corpus Juris Civilis: A Guide to Its History and Use, Fred Dingledy

The Coverage/Protection Distinction in the Law of Freedom of Speech—An Essay on Meta-Doctrine in Constitutional Law, Mark Tushnet

The Erosion of Congressional Checks on Presidential Power, Neal Devins

The Essential Structure of Property Law, James Y. Stern

The Ethics of Representing Founders, Paul R. Tremblay

The First Century of Magna Carta: The Diffusion of Texts and Knowledge of the Charter, Paul Brand

The Flawed Reasoning Behind Johnson v. United States and a Solution: Why a Facts-Based Approach Should Have Been Used to Interpret the Residual Clause of the Armed Career Criminal Act, Jake Albert

The Government Speech Doctrine in Walker’s Wake: Early Rifts and Reverberations on Free Speech, Viewpoint Discrimination, and Offensive Expression, Clay Calvert

The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker

The Intellectual Property Hostage in Trade Retaliation, Sarah R. Wasserman Rajec

The Jurisdiction Canon, Aaron-Andrew P. Bruhl

The Lawfulness of the Same-Sex Marriage Decisions: Charles Black on Obergefell, Toni M. Massaro

The Legacy of Magna Carta: Law and Justice in the Fourteenth Century, Anthony Musson

The Limits of Prosecutorial Power, Jeffrey Bellin

The Method in Fiduciary Law's Mixed Messages, Evan J. Criddle

The Most Loved, Most Hated Magazine in America: The Rise and Demise of Confidential Magazine, Samantha Barbas

The Not So “Fair” Marketplace Fairness Act and the Due Process and Commerce Clause Concerns It Raises, Michelle Chionchio

The Post-TARP Movement to Regulate Banker Pay, Eric D. Chason

The Power Canons, Lisa Heinzerling

The Problem of Creative Collaboration, Anthony J. Casey and Andres Sawicki

The Status of the Hearer In Mr. Madison’s Neighborhood, Burt Neuborne

The “True Man” and His Gun: On the Masculine Mystique of Second Amendment Jurisprudence, C. D. Christensen

The Vanishing Common Law Judge, Neal Devins and David Klein

The Wind Blows in Virginia Too—Deconstructing Legal and Regulatory Barriers to the Development of Onshore, Utility-Scale Wind Energy in Virginia, Mark L. (Buzz) Belleville

Thirteenth Annual Brigham-Kanner Property Rights Conference Program, William & Mary Law School and University of Leiden, Grotius Center of International Legal Studies

Thorium’s Glow: Lighting the Way for Safe, Cheap Energy Production, Zachary Hawari

Tiers of Scrutiny in a Hierarchical Judiciary, Tara Leigh Grove

“Time Enough” for Scrutiny: The Second Amendment, Mental Health, and the Case for Intermediate Scrutiny, Benjamin A. Ellis

To Kill or Not to Kill: (When) That Is the Question? A Legislative Treatise on Battered Israeli Women Facing a Dead End Road, Hava Dayan

Tweet Upon a Star: Organic Brand Engagement with Celebrities on Social Media Platforms, Kristin M. Adams

VCPC Discussion of Working Waterfront Case Studies, Noah Trombly, Derek Van De Walle, and Chelsea Wilkins

Voting to End Vulnerability: Understanding the Recent Proliferation of State-Level Child Sex Trafficking Legislation, Kate Price and Keith Gunnar Bentele

Waging War on the Rising Seas: Fashioning a Comprehensive Approach to Combating the Effects of Sea Level Rise on Hampton Roads, Virginia Military Installations Under Existing Frameworks, Paul Hawkins

Warning: Stop-and-Frisk May Be Hazardous to Your Health, Josephine Ross

What Exactly is Market Integrity? An Analysis of One of the Core Objectives of Securities Regulation, Janet Austin

What the Federal and State Governments are Doing to Address Seal Level Rise and Recurrent Flooding, Jason Kelly

When Sex Trafficking Victims Turn Eighteen: The Problematic Focus on Force, Fraud, and Coercion in U.S. Human Trafficking Laws, Julianne Siegfriedt

When States’ Legislation and Constitutions Collide with Angry Locals: Shale Oil and Gas Development and its Many Masters, Heidi Gorovitz Robertson

White Slavery in the Northwoods: Early U.S. Anti–Sex Trafficking and its Continuing Relevance to Trafficking Reform, Bonnie Shucha

Whole Foods for the Whole Pregnancy: Regulating Surrogate Mother Behavior During Pregnancy, Teresa Donaldson

Why Congress Does Not Challenge Judicial Supremacy, Neal Devins

Why Law (School) Matters, Jesse Rutledge and Paul Marcus

Why Pension Funding Matters, Eric D. Chason

Why You Should Doubt Reports that the First Amendment Would Protect Gen. Flynn from Prosecution under the Logan Act, Timothy Zick

William & Mary Law School Alumni Weekend, April 7-8, 2017, William & Mary Law School

William & Mary Law School Graduation Awards Ceremony (May 13, 2016), William & Mary Law School

You Can’t Stop What You Can’t See: Complementary Risk Mitigation Through Compensation Disclosure, Matt Reeder