William and Mary Law Review

Professional publication covering law.

Articles from Vol. 46, No. 2, November

Barking Up the Wrong Tree: The Misplaced Furor over the Feeney Amendment as a Threat to Judicial Independence
INTRODUCTION I. OUTLINE OF THE CONTROVERSY A. What Is the Feeney Amendment? B. Implementation of the Feeney Amendment 1. The Department of Justice 2. The U.S. Sentencing Commission 3. The Federal Courts of Appeals C. Response...
Collateral Damage: The Endangered Center in American Politics
Arnold Schwarzenegger's election as governor of California is a crowning achievement of the plebiscitary movement in American politics. A celebrity with built-in appeal, no political experience, no connection to the political machines, no clear fiscal...
Evaluating the Federal Communications Commission's National Television Ownership Cap: What's Bad for Broadcasting Is Good for the Country
TABLE OF CONTENTS INTRODUCTION I. BACKGROUND TO THE INCREASE IN THE NATIONAL TELEVISION OWNERSHIP LIMIT II. WHAT IS REALLY AT STAKE IN THE NATIONAL OWNERSHIP CAP? A. What Is Not Really at Stake B. The Importance of Preemption 1. Why,...
Gimme Shelter: Does the Fair Housing Amendments Act of 1988 Require Accommodations for the Financial Circumstances of the Disabled?
INTRODUCTION In 1968, "Congress enacted what is popularly called the Fair Housing Act as title VIII of the Civil Rights Act of 1968." (2) The purpose of this portion of the Civil Rights Act was to end discriminatory housing practices across the...
Medical Research Oversight from the Corporate Governance Perspective: Comparing Institutional Review Boards and Corporate Boards
TABLE OF CONTENTS INTRODUCTION I. LEGAL BACKGROUND: THE EVOLUTION OF IRBS AND THEIR ROLE IN RESEARCH REGULATION A. The Initial Peer Review Committees in the 1950s and 1960s B. The National Research Act, Report of the...
When Equality Leaves Everyone Worse Off: The Problem of Leveling Down in Equality Law
INTRODUCTION I. THE TREATMENT OF LEVELING DOWN BY THE COURTS A. Palmer v. Thompson Revisited: Formal Equality and Discriminatory Intent B. Doctrinal Discomfort with Leveling Down C. Seeds of Constraint 1. The Significance of the...
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