William and Mary Law Review

Professional publication covering law.

Articles from Vol. 52, No. 3, December

Lawmakers as Lawbreakers
ABSTRACT How would Congress act in a world without judicial review? Can lawmakers be trusted to police themselves? This Article examines Congress 's capacity and incentives to enforce upon itself "the law of congressional lawmaking"--a largely overlooked...
Preserving Republican Governance: An Essential Government Functions Exception to Direct Democratic Measures
TABLE OF CONTENTS INTRODUCTION I. THE FRAMERS' REJECTION OF DIRECT DEMOCRACY FOR THE FEDERAL AND STATE GOVERNMENTS A. The Constitutional Convention of 1787 and the Importance of the Guarantee Clause B. The Federalist v....
Rejecting Refugees: Homeland Security's Administration of the One-Year Bar to Asylum
ABSTRACT Since 1980, the Refugee Act has offered asylum to people who flee to the United States to escape persecution in their homeland. In 1996, however, Congress amended the law to bar asylum--regardless of the merits of the underlying claim--for...
The Wrong Tool for the Job: The IP Problem with Noncompetition Agreements
ABSTRACT This Article argues that employee noncompetition agreements ought to be unenforceable. It begins by recognizing that there is momentum for change in the law of noncompetes: a number of states and the American Law Institute (ALI) are in...
Why Are There Tax Havens?
ABSTRACT Recently, the issue of tax havens has risen to the fore of the fiscal policy debate, with tax havens being singled out as the root cause of many of the fiscal shortfalls plaguing the governments of the world. Surprisingly, however, although...