Recently added articles from William and Mary Law Review:
Federalism, forum shopping, and the foreign injury paradox.
Oct 01, 2009; ... ABSTRACT This Article explores the contours of state regulatory power in the foreign injury context. The Supreme Court has long declined to question forum choice in domestic cases, apparently concluding that any other response would be inconsistent with our federalism. But move ...
Contingent constitutionalism: state and local criminal laws and the applicability of federal constitutional rights.
Oct 01, 2009; ... ABSTRACT Americans have long been bound by a shared sense of constitutional commonality, and the Supreme Court has repeatedly condemned the notion that federal constitutional rights should be allowed to depend on distinct state and local legal norms. In reality, however, federal ...
Randomization in adjudication.
Oct 01, 2009; ... ABSTRACT Flipping a coin to decide a case is among the most serious forms of judicial misconduct. Yet judges react quite differently to other types of lotteries. Judges tend to tolerate or encourage deliberately random decisions in nonjudicial settings ranging from military ...
Voting with their feet and dollars: the role of investors and the influence of the mutual fund market in regulating fees.
Oct 01, 2009; ... <Pre> TABLE OF CONTENTS INTRODUCTION I. BACKGROUND A. Section 36(b) and the Gartenberg Precedent B. The Jones Standard and Creation of a Circuit Split II. POLICY ARGUMENTS AGAINST THE GARTENBERG STANDARD A. Section 36(b) Does Not Provide a Legally ...
How the new economics can improve employment discrimination law, and how economics can survive the demise of the "rational actor".
Oct 01, 2009; ... ABSTRACT Much employment discrimination law is premised on a purely money-focused "reasonable" employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of "rational" actor populated ...