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Full-Text Articles in Law
Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.
Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.
Washington and Lee Law Review
No abstract provided.
The Elephant In The Seventh Circuit: A Modified Approach To The Minimal Suspicion Standard, Gregory L. Schinner
The Elephant In The Seventh Circuit: A Modified Approach To The Minimal Suspicion Standard, Gregory L. Schinner
Washington and Lee Law Review
No abstract provided.
Road To Nowhere Or Jurisprudential U-Turn? The Intersection Of Punitive Damage Class Actions And The Due Process Clause, James M. Underwood
Road To Nowhere Or Jurisprudential U-Turn? The Intersection Of Punitive Damage Class Actions And The Due Process Clause, James M. Underwood
Washington and Lee Law Review
This Article analyzes the likely impact of recent Supreme Court jurisprudence applying substantive and procedural due process limits on punitive damage awards to class action punitive damage Lawsuits. In BMW v. Gore and State Farm v. Campbell the Supreme Court adopted a tripartite analysis to determine whether punitive damage awards were excessive under the Due Process Clause. Just last year in Philip Morris v. Williams the Court took a step further by imposing the additional 'procedural" limitation that requires trial courts to take steps to ensure that juries do not punish a tortfeasor through an award ofpunitive damages in one …
A Check On Faint-Hearted Presidents: Letters Of Marque And Reprisal, William Young
A Check On Faint-Hearted Presidents: Letters Of Marque And Reprisal, William Young
Washington and Lee Law Review
No abstract provided.
Is The Family A Federal Question?, Meredith Johnson Harbach
Is The Family A Federal Question?, Meredith Johnson Harbach
Washington and Lee Law Review
There has long been conflict over the relationship between the states and the federal system vis-i-vis the family. The traditional account of domestic relations describes family Law as the exclusive domain of the states, andfederal courts have credited this account in the "domestic relations exception." Although scholars have analyzed and critiqued the exception's applicability to diversity jurisdiction, the intersection offederal question jurisdiction and this exception remains largely unexplored. This Article describes and critiques, on both instrumental and deeper normative terms, federal courts' willingness to expand the "domestic relations exception" to include federal question cases. The Article proceeds in three parts. …