William and Mary Law Review

Professional publication covering law.

Articles from Vol. 54, No. 5, April

Charities in Politics: A Reappraisal
ABSTRACT Federal law significantly limits the political activities of charities, but no one really knows why. In the wake of Citizens United, the absence of any strong normative grounding for the limits may leave the rules vulnerable to constitutional...
Parens Patriae: A Flawed Strategy for State-Initiated Obesity Litigation
TABLE OF CONTENTS INTRODUCTION I. HISTORY OF PARENS PATRIAE AND DEVELOPMENT OF THE MODERN DOCTRINE A. Modern American Doctrine of Parens Patriae B. Parens Patriae and Tobacco Litigation II. INADEQUACIES OF PARENS PATRIAE AS A STRATEGY FOR ...
Privacy and Consent over Time: The Role of Agreement in Fourth Amendment Analysis
Like many legal systems around the world, the American system protects the "right to privacy," or, as Samuel Warren and Louis Brandeis famously put it, the "right to be let alone." (1) Although Warren and Brandeis's formulation has profoundly influenced...
Rethinking Legal Globalization: The Case of Transnational Personal Jurisdiction
ABSTRACT Under what circumstances may a United States court exercise personal jurisdiction over alien defendants? Courts and commentators have yet to offer a coherent response to this question. That is surprising given that scholars have been calling...
Speech, Intent, and the Chilling Effect
Speaker's intent requirements are a common but unremarked feature of First Amendment law. From the "actual malice" standard for defamation to the specific-intent requirement for incitement, many types of expression are protected or unprotected depending...
Who's Your Daddy? Defining Paternity Rights in the Context of Free, Private Sperm Donation
TABLE OF CONTENTS INTRODUCTION I. BACKGROUND A. History of Artificial Insemination B. Sperm Donors and the Donation Process C. Defining Free, Private Sperm Donation II. SOCIETAL VALUE OF FREE, PRIVATE SPERM DONATION A. Cost B. Issues...