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Articles 1 - 30 of 56
Full-Text Articles in Law
The Violence Of Free Speech And Press Metaphors, Erin C. Carroll
The Violence Of Free Speech And Press Metaphors, Erin C. Carroll
Washington and Lee Law Review
Today, our free speech marketplace is often overwhelming, confusing, and even dangerous. Threats, misdirection, and lies abound. Online firestorms lead to offline violence. This Article argues that the way we conceptualize free speech and the free press are partly to blame: our metaphors are hurting us.
The primary metaphor courts have used for a century to describe free speech—the marketplace of ideas—has been linked to violence since its inception. Originating in a case about espionage and revolution, in a dissent written by Oliver Wendell Holmes, a thrice-injured Civil War veteran, the marketplace has been described as a space where competition …
Comment: Protecting Childhood Independence And The Families Who Embrace It, David Pimentel
Comment: Protecting Childhood Independence And The Families Who Embrace It, David Pimentel
Washington and Lee Law Review
The legal problem of how to give parents flexibility and how to give children independence cuts to the core of some of our most sacred values: (1) how we raise our kids in this society, (2) the degree to which parents are free to raise their children as they see fit, and (3) the extent to which the state gets to substitute its own judgment for that of parents. Incursions into the family, and disruptions of family security and integrity, should be the exception rather than the rule. Schick-Malone joins a small group of legal scholars who are not content …
Fake News And The Tax Law, Kathleen Delaney Thomas, Erin Scharff
Fake News And The Tax Law, Kathleen Delaney Thomas, Erin Scharff
Washington and Lee Law Review
The public misunderstands many aspects of the tax system. For example, people frequently misunderstand how marginal tax rates work, misperceive their own average tax rates, and believe they benefit from tax deductions for which they are ineligible. Such confusion is understandable given the complexity of our tax laws. Unfortunately, research suggests these misconceptions shape voter preferences about tax policy which, in turn, impact the policies themselves.
That people are easily confused by taxes is nothing new. With the rise of social media platforms, however, the speed at which misinformation campaigns can now move to shape public opinion is far faster. …
Foreword: Centering Intersectionality In Human Rights Discourse, Johanna Bond
Foreword: Centering Intersectionality In Human Rights Discourse, Johanna Bond
Washington and Lee Law Review
In the last decade, intersectionality theory has gained traction as a lens through which to analyze international human rights issues. Intersectionality theory is the notion that multiple systems of oppression intersect in peoples’ lives and are mutually constitutive, meaning that when, for example, race and gender intersect, the experience of discrimination goes beyond the formulaic addition of race discrimination and gender discrimination to produce a unique, intersectional experience of discrimination. The understanding that intersecting systems of oppression affect different groups differently is central to intersectionality theory. As such, the theory invites us to think about inter-group differences (i.e., differences between …
The New State Of Surveillance: Societies Of Subjugation, Khaled Ali Beydoun
The New State Of Surveillance: Societies Of Subjugation, Khaled Ali Beydoun
Washington and Lee Law Review
Foundational surveillance studies theory has largely been shaped in line with the experiences of white subjects in western capitalist societies. Formative scholars, most notably Michel Foucault and Gilles Deleuze, theorized that the advancement of surveillance technology tempers the State’s reliance on mass discipline and corporal punishment. Legal scholarship examining modern surveillance perpetuates this view, and popular interventions, such as the blockbuster docudrama The Social Dilemma and Shoshana Zuboff’s bestseller The Age of Surveillance Capitalism, mainstream the myth of colorblind surveillance. However, the experiences of nonwhite subjects of surveillance—pushed to or beyond the margins of these formative discourses—reflect otherwise. …
Foreword: Humanity, Dignity, And Grace, Brant J. Hellwig
Foreword: Humanity, Dignity, And Grace, Brant J. Hellwig
Washington and Lee Law Review
Commentary from Dean Brant Hellwig of the Washington and Lee University School of Law on the 2020-2021 Annual Lara D. Gass Symposium celebrating Hon. Roger L. Gregory, Chief Judge of the U.S. Court of Appeals for the Fourth Circuit, and this special issue of the Law Review featuring scholarship relating to that event.
The Other Ordinary Persons, Fred O. Smith, Jr.
The Other Ordinary Persons, Fred O. Smith, Jr.
Washington and Lee Law Review
If originalism aims to center the original public meaning of text, who constitutes “the public”? Are we doing enough to capture historically excluded voices: impoverished white planters; dispossessed Natives; silenced women; and the enslaved? If not, what more is required? And for those who are not originalists, how do we ensure that, as American law consults the wisdom of the ages, we do not sever entire sources of wisdom?
This brief symposium Article engages these themes, offering two modest, interrelated claims. The first is that important informational, ethical, and democratic benefits accrue when American legal doctrine includes the voices and …
The Digital Samaritans, Eldar Haber
The Digital Samaritans, Eldar Haber
Washington and Lee Law Review
Bystanderism is becoming largely digital. If being subjected to perilous situations was once reserved almost solely for the physical world, individuals now might witness those in peril digitally from afar via online livestreams. New technological developments in the field of artificial intelligence (AI) might also expand bystanderism to new fields, whereby machines—not just humans—are gradually positioned to better compute their surroundings, thus potentially being capable of reaching a high statistical probability that a perilous situation is currently taking place in their vicinity. This current and future expansion of bystanderism into the digital world forms a rather new type of digital …
Social Activism Through Shareholder Activism, Lisa M. Fairfax
Social Activism Through Shareholder Activism, Lisa M. Fairfax
Washington and Lee Law Review
This article is based on the author's keynote address at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.
In 1952, the SEC altered the shareholder proposal rule to exclude proposals made “primarily for the purpose of promoting general economic, political, racial, religious, social or similar causes.” The SEC did not reference civil rights activist James Peck or otherwise acknowledge that its actions were prompted by Peck’s 1951 shareholder proposal to Greyhound for desegregating seating. Instead, the SEC indicated that its change simply reflected a codification …
Chancery’S Greatest Decision: Historical Insights On Civil Rights And The Future Of Shareholder Activism, Omari Scott Simmons
Chancery’S Greatest Decision: Historical Insights On Civil Rights And The Future Of Shareholder Activism, Omari Scott Simmons
Washington and Lee Law Review
This article builds upon the author's remarks at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.
Shareholder activism—using an equity stake in a corporation to influence management—has become a popular tool to effectuate social change in the twenty-first century. Increasingly, activists are looking beyond financial performance to demand better corporate performance in such areas as economic inequality, civil rights, human rights, discrimination, and diversity. These efforts take many forms: publicity campaigns, litigation, proxy battles, shareholder resolutions, and negotiations with corporate management. However, a consensus on …
From Public Policy To Materiality: Non-Financial Reporting, Shareholder Engagement, And Rule 14a-8’S Ordinary Business Exception, Virginia Harper Ho
From Public Policy To Materiality: Non-Financial Reporting, Shareholder Engagement, And Rule 14a-8’S Ordinary Business Exception, Virginia Harper Ho
Washington and Lee Law Review
This article builds upon the author's remarks at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.
In 2017, shareholder proposals urging corporate boards to report on their climate-related risk made headlines when they earned majority support from investors at ExxonMobil, Occidental Petroleum, and PPL. The key to this historic vote was the support of Blackrock, State Street, and Vanguard, which broke with management and cast their votes behind the proposals. The 2018 proxy season saw several more climate-related proposals earn majority support, and in 2018 …
Civil Rights And Shareholder Activism: Sec V. Medical Committee For Human Rights, Sarah C. Haan
Civil Rights And Shareholder Activism: Sec V. Medical Committee For Human Rights, Sarah C. Haan
Washington and Lee Law Review
This article builds upon the author's remarks at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.
What does “corporate democracy” mean? How far does federal law go to guarantee public company investors a say in a firm’s policies on important social, environmental, or political issues? In 1972, the U.S. Supreme Court appeared ready to start sketching the contours of corporate democracy—and then, at the last minute, it pulled back. This Article tells the story of Securities and Exchange Commission v. Medical Committee for Human Rights …
From Plyler V. Doe To Trayvon Martin: Toward Closing The Open Society, Lyle Dennison
From Plyler V. Doe To Trayvon Martin: Toward Closing The Open Society, Lyle Dennison
Washington and Lee Law Review
Lyle Denniston, the longest serving and most experienced journalist covering the United States Supreme Court, takes his theme of an inclusive and open society from the constitutional and cultural vision of the late Justice Lewis F. Powell, Jr. and then offers a detailed argument that America is forfeiting—or at least compromising—that vision in favor of a safer, more secure and more cramped society, at home and abroad. The Article, taken from a memorial lecture in Justice Powell’s honor at Washington and Lee University in April 2012, draws upon a variety of very different societal and legal developments that are found …
Litigation, Legislation, And Democracy In A Post-Newspaper America, Ronnell Anderson Jones
Litigation, Legislation, And Democracy In A Post-Newspaper America, Ronnell Anderson Jones
Washington and Lee Law Review
No abstract provided.
Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.
Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.
Washington and Lee Law Review
No abstract provided.
The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim
The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim
Washington and Lee Law Review
No abstract provided.
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright
Washington and Lee Law Review
The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …
Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad
Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad
Washington and Lee Law Review
Starting in the 1950s and ever since, Tunisia has implemented gender legislation expanding women's rights in family law. The ground breaking phase occurred with the promulgation of the Code of Personal Status in the mid-1950s during the formation of a national state in the aftermath of independence from French colonial rule. Another major phase occurred in the 1990s with citizenship law reforms as embodied in the Tunisian Code of Nationality. As a result of these two major phases, Tunisia has been at the fore front of "woman friendly" legislative changes in the Arab- Muslim world and is widely recognized as …
The Economics Of Race: When Making It To The Middle Is Not Enough, Elizabeth Warren
The Economics Of Race: When Making It To The Middle Is Not Enough, Elizabeth Warren
Washington and Lee Law Review
No abstract provided.
Retirement Security Through Asset Protection: The Evolution Of Wealth, Privilege, And Policy, John K. Eason
Retirement Security Through Asset Protection: The Evolution Of Wealth, Privilege, And Policy, John K. Eason
Washington and Lee Law Review
No abstract provided.
Medicare Meets Mephistopheles, David A. Hyman
Medicare Meets Mephistopheles, David A. Hyman
Washington and Lee Law Review
No abstract provided.
Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris
Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris
Washington and Lee Law Review
No abstract provided.
The Gun Control Debate: A Culture-Theory Manifesto, Dan M. Kahan
The Gun Control Debate: A Culture-Theory Manifesto, Dan M. Kahan
Washington and Lee Law Review
No abstract provided.
A Subversive Strand Of The Warren Court, Gary Peller
A Subversive Strand Of The Warren Court, Gary Peller
Washington and Lee Law Review
No abstract provided.
Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman
Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman
Washington and Lee Law Review
No abstract provided.
The Law And Culture-Shift: Race And The Warren Court Legacy, John O. Calmore
The Law And Culture-Shift: Race And The Warren Court Legacy, John O. Calmore
Washington and Lee Law Review
No abstract provided.
One Law For All? The Logic Of Cultural Accommodationt, Jeremy Waldron
One Law For All? The Logic Of Cultural Accommodationt, Jeremy Waldron
Washington and Lee Law Review
No abstract provided.
The Shattered Mirror: Identity, Authority, And Law, Lawrence M. Friedman
The Shattered Mirror: Identity, Authority, And Law, Lawrence M. Friedman
Washington and Lee Law Review
No abstract provided.
Racial Diversity On The Bench: Beyond Role Models And Public Confidence, Sherrilyn A. Ifill
Racial Diversity On The Bench: Beyond Role Models And Public Confidence, Sherrilyn A. Ifill
Washington and Lee Law Review
No abstract provided.
Unwritten Constitutions, Unwritten Law, Walter O. Weyrauch
Unwritten Constitutions, Unwritten Law, Walter O. Weyrauch
Washington and Lee Law Review
No abstract provided.