William and Mary Law Review

Professional publication covering law.

Articles from Vol. 53, No. 1, October

Citizens, United and Citizens United: The Future of Labor Speech Rights?
ABSTRACT Within hours of its announcement, the Supreme Court's decision in Citizens United v. FEC came under attack from progressive groups. Among these groups were some of America's largest labor unions---even though the decision applies equally...
Legislating Preemption
ABSTRACT Federal preemption is perhaps the most important public law issue of the day. The stakes in preemption cases are enormous, as preemption determines whether the federal government or the states control regulatory policy in a host of politically...
On Removal Jurisdiction's Unanimous Consent Requirement
TABLE OF CONTENTS INTRODUCTION I. THE FUNDAMENTALS OF REMOVAL JURISDICTION A. A Brief History B. The Removal Procedure 1. Basic Principles of Removal 2. Subject Matter Jurisdiction, Timing Rules, and the Filing...
The Fourth Amendment Rights of Children at Home: When Parental Authority Goes Too Far
ABSTRACT Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults. In a search for continuity and...
Tort, Not Contract: An Argument for Reevaluating the Economic Loss Rule and Classifying Building Damage as "Other Property" When It Is Caused by Defective Construction Materials
TABLE OF CONTENTS INTRODUCTION I. THE CONSTRUCTION CONTRACT A. The Owner-Architect Agreement B. The Owner-Contractor Agreement C. The Important Role of the Supply Team II. THE ECONOMIC LOSS RULE A. MacPherson v. Buick Motor...
Two Faces: Demystifying the Mortgage Electronic Registration System's Land Title Theory
ABSTRACT In the mid-1990s, mortgage bankers created Mortgage Electronic Registration Systems, Inc. (MERS) to escape the costs associated with recording mortgage transfers. To accomplish this, lenders permanently list MERS as the mortgagee of record...