William and Mary Law Review

Professional publication covering law.

Articles from Vol. 45, No. 5, April

Cross Burning, Cockfighting, and Symbolic Meaning: Toward a First Amendment Ethnography
TABLE OF CONTENTS INTRODUCTION I. THE FIRST AMENDMENT AND THE CULTURE OF SYMBOLIC GESTURES A. Early Statements on First Amendment Symbolism B. Symbols of Protest 1. Peaceful Sit-Ins 2. Symbolic Protests of Hostilities ...
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Gaps, Inexperience, Inconsistencies, and Overlaps: Crisis in the Regulation of Genetically Modified Plants and Animals
TABLE OF CONTENTS INTRODUCTION I. OVERVIEW OF GENETIC MODIFICATION A. The History and Science of Genetically Modified Products B. Current Status of Genetically Modified Products II. BENEFITS AND RISKS OF GENETICALLY MODIFIED ...
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Inverting Choice of Law in the Wired Universe: Thermodynamics, Mass, and Energy
TABLE OF CONTENTS INTRODUCTION I. THE CALIFORNIA PARADIGM: MARKET RESTRUCTURING AND STRUCTURAL COLLAPSE A. Market Design and Response B. Wholesale Litigation C. New Rules: Legislative Recourse 1. No Exit 2. The...
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"Power over This Unfortunate Race": Race, Politics and Indian Law in United States V. Rogers
TABLE OF CONTENTS INTRODUCTION I. THE ROGERS DECISION II. UNMASKING THE LAW A. Indian Law Before Rogers in Congress and the Court B. Back to the Facts 1. Developing the Test Case 2. Fabricating a Jurisdictional Gap ...
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Regulatory Takings and the Original Understanding of the Takings Clause
It is black letter law that government must provide compensation to an owner whose property is taken for public use. This rule is most prominently found in the Compensation Clause of the Fifth Amendment to the U.S. Constitution, which provides that...
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Reveille for Congress: A Challenge to Revise Rape Law in the Military
INTRODUCTION When the chips are down and our subordinates have accepted us as their leader, we don't need any superior to tell us; we see it in their eyes and in their faces, in the barracks, on the field, and on the battle line. And on...
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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
TABLE OF CONTENTS INTRODUCTION I. CHARACTERISTICS OF POST-FURMAN CAPITAL SELECTION THAT PROMOTE THE INFLUENCE OF RACIAL BIAS A. Broad Applicability of Death Penalty B. Decentralized Decision Makers C. Prosecutorial Discretion ...
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Who Speaks Latin Anymore? Translating De Minimis Use for Application to Music Copyright Infringement and Sampling
INTRODUCTION James Newton (1) discovered that he was featured on the Beastie Boys' "Pass the Mic" (2) eight years after the song's release. (3) In fact, he learned of his music's unauthorized use and widespread distribution from a student in a class...
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