Issues

News & Events

04 May 2023

New Scholarship Alert: Issues 5 & 6!

Scroll to the bottom of the Home Page to find Volume 64's most recent publications! Issues 5 and 6 are the final issues for Volume 64 and include both Articles and Notes. We hope you enjoy!

04 May 2023

New Articles! Issue 4: Cryptocurrency Symposium

Issue 4 has officially been posted to our website! Issue 4 contains eight pieces of scholarship from our 2022 Cryptocurrency Symposium.

27 Apr 2023

New: Online Student Note!

We are excited to share a new Online Note written by our very own William & Mary Law Review member, Matthew Griffin. Read Matthew's Note, Direct-to-Consumer Advertising of Prescription...

Full text available by clicking on the download button.

Volume 64

Issue 1 (October 2022)

Table of Contents

The William & Mary Law Review

Articles:

Equal Dignity, Colorblindness, and the Future of Affirmative Action Beyond Grutter v. Bollinger

Thomas P. Crocker

Religious Liberty Interest Convergence

Asma T. Uddin

Charting a Course to Conserve 30% of Freshwaters by 2030

Sandra B. Zellmer

Notes:

Preempting the States and Protecting the Charities: A Case for Nonprofit-Exempting Federal Action in Consumer Data Privacy

Sarah Fisher

Ford v. Where Are We?: The Revival of the Sliding Scale to Govern the Supreme Court's New "Relating to" Personal Jurisdiction

Zois Manaris

Issue 2 (November 2022)

Table of Contents

The William & Mary Law Review

Articles:

Proving Copying

Shyamkrishna Balganesh, Peter S. Menell

The Future of College Sports After Alston: Reforming the NCAA via Conditional Antitrust Immunity

Nathaniel Grow

A World Without Roe: The Constitutional Future of Unwanted Pregnancy

Julie C. Suk

Notes:

Incitement and Social Media-Algorithmic Speech: Redefining Brandenburg for a Different Kind of Speech

Anna Rhoads

Another Bite at the Apple or the Same Bite? Characterizing Habeas Petitions on Appeal as Pending Instead of Fully Adjudicated

Gregory Winder

Issue 3 (March 2023)

Table of Contents

The William & Mary Law Review

Articles:

The Factor/Element Distinction in Antitrust Litigation

Christopher R. Leslie

Civil Rights Without Representation

Joanna C. Schwartz

Political Risk Management

Omari Scott Simmons

Stigma in the Statute: When the Language of the Law Injures

Stacey A. Tovino

Notes:

Qualified Knowledge: The Case for Considering Actual Knowledge in Qualified Immunity Jurisprudence as It Relates to the First Amendment Right to Record

Carly LaForge

Justice Alito's Laundry List: Highlights from Appendix C of Bostock and a Roadmap for LGBTQ+ Legal Advocates

Peter Quinn

Issue 4 (March 2023)

Articles:

Table of Contents

The William & Mary Law Review

DeFi: Shadow Banking 2.0?

Hilary J. Allen

Implied Organizations and Technological Governance

Shawn Bayern

Regulating Crypto, On and Off the Chain

Eric D. Chason

Making Virtual Things

Joshua A.T. Fairfield

Blockchains as Infrastructure and Semicommons

James Grimmelmann, A. Jason Windawi

Blockchain Real Estate and NFTs

Juliet M. Moringiello, Christopher K. Odinet

Emerging Technology's Language Wars: Cryptocurrency

Carla L. Reyes

Digital Asset Regulation: Peering into the Past, Peering into the Future

Kevin Werbach

Issue 5 (April 2023)

Articles:

Table of Contents

The William & Mary Law Review

The Trump Impeachments: Lessons for the Constitution, Presidents, Congress, Justice, Lawyers, and the Public

Michael J. Gerhardt

The Article III "Party" and the Originalist Case Against Corporate Diversity Jurisdiction

Mark Moller, Lawrence B. Solum

Discovering eBay's Impact on Copyright Injunctions Through Empirical Evidence

Matthew Sag, Pamela Samuelson

Optimizing Cybersecurity Risk in Medical Cyber-Physical Devices

Christopher S. Yoo, Bethany C. Lee

Notes:

Promoting Healing and Avoiding Retraumatization: A Proposal to Improve Mental Health Care for Detained Unaccompanied Minors Through a Best Interests of the Child Standard

Francesca J. Babetski

Smart Wearables: The Overlooked and Underrated Essential Worker

Rebekah Hill

Issue 6 (May 2023)

Articles:

Table of Contents

The William & Mary Law Review

There's No Such Thing as Independent Creation, and It's a Good Thing, Too

Christopher Buccafusco

Monopolizing Digital Commerce

Herbert Hovenkamp

SPAC Mergers, IPOs, and the PSLRA's Safe Harbor: Unpacking Claims of Regulatory Arbitrage

Amanda M. Rose

Notes:

Making Waves: How Mandated Arbitration Could Better Address Cultural Heritage and Bring Treasure Salvage Law into the Twenty-First Century

Megan C. Bodenhamer

Which Came First: The Chicken or the Chick'n? An FDA Amendment Proposal to Reconcile Conflicting Interests in Plant-Based Meat Labeling

Katie Justison