William and Mary Law Review

Professional publication covering law.

Articles from Vol. 54, No. 2, November

Applying Equitable Estoppel to ERISA Pension Benefit Claims
TABLE OF CONTENTS INTRODUCTION I. BACKGROUND A. Pension Benefit Disputes Under American Common Law B. Pension Benefit Disputes After the Taft-Hartley Act II. EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) OF 1974 ...
In Name Only: How Major League Baseball's Reliance on Its Antitrust Exemption Is Hurting the Game
TABLE OF CONTENTS INTRODUCTION I. THE HISTORY AND EVOLUTION OF BASEBALL'S ANTITRUST EXEMPTION A. Federal Baseball B. Toolson C. Flood D. The Exemption Applied II. THE FUNDAMENTAL IRRELEVANCE OF THE EXEMPTION A. The Impact...
Spandrel or Frankenstein's Monster? the Vices and Virtues of Retrofitting in American Law
INTRODUCTION Ancient mythology, literary fiction, and modern science fiction films all recount a similar cautionary tale: human ingenuity gives rise to a powerful invention, but through human fallibility and, in some tellings, venality, the invention...
The Litigation Finance Contract
ABSTRACT Litigation funding--for-profit, nonrecourse funding of a litigation by a nonparty--is a new and rapidly developing industry. It has been described as one of the '79iggest and most influential trends in civil justice" today by RAND, the...
The Role of Aspiration in Corporate Fiduciary Duties
ABSTRACT Corporate law is characterized by a pervasive divergence between standards of conduct and standards of review. Courts often opine on the relatively demanding standard of conduct, but their judgments must be based on the more forgiving standard...
The Structural Constitutional Principle of Republican Legitimacy
ABSTRACT Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted,...

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