William and Mary Law Review articles

Recent articles from William and Mary Law Review

Diversity and discrimination: a look at complex bias.
April 1, 2009... ABSTRACT Multiple claims have become a fixture of employment discrimination litigation. It is common, if not ubiquitous, for court opinions to begin with a version of the following litany: "Plaintiff brings this action under Title VII and the ADEA for race, age, and gender...

Tort experiments in the laboratories of democracy.
April 1, 2009... ABSTRACT This Article considers the broad range of "tort experiments" states have undertaken in recent years, as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, while states have limited tort rights and remedies in the products liability...

Leaving the Chisholm trail: the Eleventh Amendment and the background principle of strict construction.
April 1, 2009... TABLE OF CONTENTS PROLOGUE INTRODUCTION I. STATE SUABILITY BEFORE CHISHOLM A. Historical Scholarship and the Eleventh Amendment B. The Roots of the Eleventh Amendment 1. The Original Debates Regarding Delegated Federal Power 2. Strict...

Courting specialization: an empirical study of claim construction comparing patent litigation before federal district courts and the International Trade Commission.
April 1, 2009... ABSTRACT The United States International Trade Commission (ITC) has recently become an important adjudicator of patent infringement disputes, and the administrative law judges (ALJs) on the ITC are widely viewed as experts on patent law. This Article empirically examines the performance...

An end-run around the takings clause? The law and economics of Bivens actions for property rights violations.
April 1, 2009... TABLE OF CONTENTS INTRODUCTION I. WHAT IS THE "EFFICIENT" RESULT? A. Approach One: The Constitutional Torts Approach B. Approach Two: The Takings Clause Approach C. The Superiority of the Constitutional Torts Approach II. THE COSTS AND...