William and Mary Law Review

Professional publication covering law.

Articles from Vol. 39, No. 4, March

From Horse Trading to Insider Trading: The Historical Antecendents of the Insider Trading Debate
INTRODUCTION Generally speaking, a corporate insider(1) may not buy or sell a corporation's securities while that insider is in possession of material, nonpublic information relating to that corporation's securities. This is the so-called "disclose...
Internal Revenue Code Section 1259: A Legitimate Foundation for Taxing Short Sales against the Box or a Mere Makeover?
"[B]ulls make money, bears make money, and hogs get slaughtered."(1) That is the Wall Street gospel on investors who are motivated by greed. Gluttonous investors should heed its advice because Congress, through its enactment of the Taxpayer Relief...
Justice in Plea Bargaining
INTRODUCTION Plea bargaining occupies an ambivalent position in the criminal justice system. Most observers of the system subscribe to its practical benefits, but acknowledge that it is an imperfect method for dispensing justice.(1) The academic...
The Attorney-Client Privilege for In-House Counsel When Negotiating Contract
Traditionally, corporate executives in need of legal advice turned to private, outside law firms. Today, however, executives increasingly are seeking legal advice from "corporate" or "in-house" attorneys.(1) Studies estimate that ten percent of all...
The Flawed Economics of the Dormant Commerce Clause
Shhh! If you keep very, very quiet, and listen really, really carefully, you just might hear it rustling around underneath the Constitution. Like the sound of a tree falling in a deserted forest, constitutional law commentators are never sure if it...
The Rotten Foundations of Securitization
I. INTRODUCTION A bankruptcy trustee is supposed to maximize debtor assets for the benefit of unsecured creditors. Often this task is achieved at the expense of the secured creditors. If a bankruptcy trustee can obtain control over collateral,...
Tribute: Eulogy, William B. Sprong, Jr., United States Senator (1966-1973), Dean of the College of William and Mary School of Law (1976-1985)
It all began with bourbon and tuna salad. Now a few of you must be wondering what I could possibly mean. How could Bill Spong's triumphant William and Mary years have anything at all to do with bourbon and tuna salad? But that is the way they did...