William and Mary Law Review

Professional publication covering law.

Articles from Vol. 55, No. 4, April

Conflicting Property Rights between Conservation Easements and Oil and Gas Leases in Ohio: Why Current Law Could Benefit Conservation Efforts
Table of Contents INTRODUCTION I. WHY DO CONSERVATION EASEMENTS AND OIL AND GAS LEASES CONFLICT? A. Conservation Easements: Purposes, Enforceability & Deductibility 1. Common Law Negative Easements 2. Ohio's Enabling...
Copyrighting the "Useful Art" of Couture: Expanding Intellectual Property Protection for Fashion Designs
"Fashion is not something that exists in dresses only. Fashion is in the sky, in the street; fashion has to do with ideas, the way we live, what is happening." --Coco Chanel Table of Contents INTRODUCTION I. DEFINING FASHION: A UTILITARIAN ART...
Corrections for Racial Disparities in Law Enforcement
ABSTRACT Much empirical analysis has documented racial disparities at the beginning and end stages of criminal cases. However, our understanding about the perpetuation of--and even corrections for--differential outcomes in the process remains less...
Corrections for Racial Disparities in Law Enforcement
B. The First Correction Mechanism: Prosecutors The first set of outcomes we explored relates to how magistrates set pretrial release bail or bond. Recalling the four broad classes of release conditions--(1) promise to appear/custodial release/pretrial...
More Than IP: Trademark among the Consumer Information Laws
TABLE OF CONTENTS INTRODUCTION I. INTERCONNECTED ISSUE ANALYSIS A. Consumer Information Law 1. Trademark a. Trademark's Purpose b. Trademark's Growth 2. Other Private Rights of Action 3. Administrative Regulation...
More Than IP: Trademark among the Consumer Information Laws
D. Upshots This subpart draws some lessons from considering trademark issues in light of the broader consumer information system. 1. Consumer Information Law as a Complex System The consumer information "ecosystem" is complex. Its many players...
Personal Curtilage: Fourth Amendment Security in Public
C. Open Questions About Trespass Despite curtilage's currency in the modern Fourth Amendment doctrine, a question remains to be answered in mapping out the relationship between curtilage and trespass. This uncertainty centers on the level of protection...
The Transformative Twelfth Amendment
Abstract Scholars have long treated the Twelfth Amendment as a constitutional obscurity, a merely mechanical adjustment to the electoral college--and perhaps a less than successful one at that. This consensus is mistaken. In fact, the Twelfth Amendment...
The Transformative Twelfth Amendment
III. A REVOLUTION IN FORM Most observers have missed the significance of the Twelfth Amendment because of what it did not do. It did not abolish the electoral college; it did not institute a direct national plebiscite; it did not direct the states...
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