William and Mary Law Review

Professional publication covering law.

Articles from Vol. 45, No. 1, October

A Beautiful Mend: A Game Theoretical Analysis of the Dormant Commerce Clause Doctrine
ABSTRACT While the Commerce Clause neither mentions federal courts nor expressly prohibits the exercise of state regulatory powers that might operate concurrently with Congressional commerce powers, the Supreme Court has long used the dormant Commerce...
Inevitable Disclosure through an Internet Lens: Is the Doctrine's Demise Truly Inevitable?
INTRODUCTION Modern trade secret law is, at a very basic level, a study in balance. At its core lies the onerous task of assuring that vital business information remains confidential, while simultaneously preventing the strong public policy of employee...
State Income Tax Jurisdiction: A Jurisprudential and Policy Perspective
INTRODUCTION One of the most contentious issues in state taxation is the reach of the states' jurisdiction to tax net income. The failure to resolve this issue is a leading cause of the recent dramatic decline in state corporate income tax revenues....
Surviving the Shipwreck: A Proposal to Revive the Failing Division Defense
INTRODUCTION The Federal Trade Commission (FTC) and the Antitrust Division of the United States Department of Justice (DOJ) evaluate the legality of certain proposed mergers by a set of self-imposed standards known as the Merger Guidelines. (1)...
The Logical Structure of Fraudulent Transfers and Equitable Subordination
INTRODUCTION In the 1980s, foreign issuers started to sell subordinated debentures in the United States market, pursuant to indentures invoking New York law. One notorious junk bond was the subject of intense litigation in Allstate Life Insurance...
The Neglected Value of the Legislative Privilege in State Legislatures
ABSTRACT Forty-three state constitutions contain a provision, analogous to the U.S. Constitution's Speech or Debate Clause (Article I, Section 6, Clause 1), granting state legislators a legal privilege in connection with their legislative work....