William and Mary Law Review

Professional publication covering law.

Articles from Vol. 48, No. 4, March

A Products Liability Theory for the Judicial Regulation of Insurance Policies
ABSTRACT Many insurance law commentators believe that judges should regulate the substance of insurance policies by refusing to enforce insurance policy terms that are exploitive or otherwise unfair. The most common guide for the judicial regulation...
Erie, the Class Action Fairness Act, and Some Federalism Implications of Diversity Jurisdiction
ABSTRACT The Class Action Fairness Act of 2005 (CAFA) expands diversity jurisdiction to allow most significant class actions based on state law to proceed in federal court. Hoping to limit the application of state law through class actions, CAFA's...
Political Judging: When Due Process Goes International
ABSTRACT The Supreme Court's recent reliance on foreign precedent to interpret the Constitution sparked a firestorm of criticism and spawned a rich debate regarding the extent to which U.S. courts should defer to foreign law when developing U.S....
Secondary Liability for Actively Inducing Patent Infringement: Which Intentions Pave the Road?
INTRODUCTION I. WELL-SETTLED ACTIVE INDUCEMENT LAW II. THE FEDERAL CIRCUIT "SPLIT" IN ACTIVE INDUCEMENT SCIENTER JURISPRUDENCE A. Hewlett-Packard v. Bausch & Lomb B. Manville Sales v. Paramount Systems C. Controversy and the...
The Tax Consequences of the Statutory Right of Redemption in Property Foreclosures
TABLE OF CONTENTS INTRODUCTION I. THE HOUSING AND FORECLOSURE BOOM II. FUNDAMENTALS OF PROPERTY OWNERSHIP A. Mortgages 1. Recourse Lending 2. Nonrecourse Lending B. Foreclosures C. Statutory Right of Redemption III. INCOME...
When 2 or 3 Come Together
ABSTRACT This Article investigates policies that are responsive to crime in disadvantaged, urban neighborhoods from a community-based context. The vehicle is an analysis of a community-wide prayer vigil held in Chicago in May of 1997. The vigil...