William and Mary Law Review

Professional publication covering law.

Articles from Vol. 48, No. 2, November

Corporate Speech, Securities Regulation, and an Institutional Approach to the First Amendment
ABSTRACT Does the First Amendment shield politically tinged corporate speech from the compelled disclosure and reporting requirements embedded in the U.S. securities laws? The question arises in the securities regulation context because of an impending...
Democratizing the Administrative State
ABSTRACT Scholars have long questioned the political and constitutional legitimacy of the administrative state. By 1980, a majority of Supreme Court Justices seemed poised to hold that large portions of the administrative state are unconstitutional....
Let the Jury Do the Waive: How Apprendi V. New Jersey Applies to Juvenile Transfer Proceedings
TABLE OF CONTENTS INTRODUCTION I. DEFINING THE JUVENILE COURT SYSTEM A. Purpose and Progress B. Challenging the Kangaroo Court C. McKeiver v. Pennsylvania II. THE MODERN APPROACH OF JUVENILE TRANSFER A. Setting the Ground Rules for a...
Not Just a Minimum Income Policy for Physicians: The Need for Good Faith and Fair Dealing in Physician Deselection Disputes
TABLE OF CONTENTS INTRODUCTION I. THE PROBLEM OF PHYSICIAN DESELECTION A. Deselection Defined B. Common Bases for Physician Deselection II. PUBLIC POLICY ARGUMENTS FOR AND AGAINST LEGISLATIVE AND JUDICIAL RESPONSES TO PHYSICIAN DESELECTION...
The News Media's Influence on Criminal Justice Policy: How Market-Driven News Promotes Punitiveness
ABSTRACT This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice...
The Procompetitive Interest in Intellectual Property Law
ABSTRACT When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the existence of private "monopolies," in contrast to the general antimonopoly thrust of the antitrust laws. And yet, on occasion IP law itself...