William and Mary Law Review

Professional publication covering law.

Articles from Vol. 55, No. 1, October

Avoiding FCPA Surprises: Safe Harbor from Successor Liability in Cross-Border Mergers and Acquisitions
TABLE OF CONTENTS INTRODUCTION I. BACKGROUND A. FCPA Rules B. Companies Subject to the FCPA C. FCPA Liability in Mergers and Acquisitions II. PROBLEM AND PARTIAL SOLUTION A. Problem: Potential FCPA Liability Is a Significant Risk...
Freedom of Speech, Defamation, and Injunctions
ABSTRACT It has long been a fixture of Anglo-American law that defamation plaintiffs are not entitled to injunctive relief; their remedies are solely monetary. Indeed, it has been repeated as a truism: "equity will not enjoin a libel." This precept...
Freedom of Speech, Defamation, and Injunctions
III. A NEW APPROACH EMERGES IN THE TWENTIETH CENTURY As Part II reveals, as late as the second half of the twentieth century, American courts considered it settled that libelous speech could not be enjoined, even after a finding of defamation. In...
Statutory Interpretation as Contestatory Democracy
ABSTRACT This Article provides a novel solution to the countermajoritarian difficulty in statutory interpretation by applying recent insights from civic republican theory to the adjudication of statutory disputes in the modern regulatory state....
Statutory Interpretation as Contestatory Democracy
C. The Editorial Role of the Judiciary The preceding Sections explained that there are structural safeguards in the legislative and administrative processes that facilitate reasoned deliberation and encourage lawmakers to consider the interests...
The Federal Medical Loss Ratio: A Permissible Federal Regulation or an Encroachment on State Power?
TABLE OF CONTENTS INTRODUCTION I. THE PATIENT PROTECTION AND AFFORDABLE CARE ACT A. Processes and Goals of the PPACA and Its Medical Loss Ratio B. Litigation Surrounding the PPACA C. Review of the PPACA by the Supreme Court II....
The Non-Redelegation Doctrine
ABSTRACT In United States v. Booker, the Court remedied a constitutional defect in the federal sentencing scheme by rendering advisory the then-binding sentencing guidelines promulgated by the U.S. Sentencing Commission. One important but overlooked...
The Non-Redelegation Doctrine
III. THE NON-REDELEGATION DOCTRINE In Booker, the Court redelegated sentencing authority to the district courts in an effort to achieve Congress's substantive sentencing goal of reducing unwarranted disparities in sentencing. (145) This Section...
Trademark Morality
ABSTRACT This Article challenges the modern rationale for trademark rights. According to both judges and legal scholars, what matters in adjudicating trademark cases are the economic consequences, particularly for consumers, of a defendant's use...
Trademark Morality
C. Privileging Use of Personal Names A trademark treatise writer in 1885 analogized participants in the American economy to knights in a medieval tournament. "Each man stands upon his own merits," he wrote, "just as a knight at a tourney has his...