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Articles 1 - 30 of 69
Full-Text Articles in Law
The Impact Of Government Sponsored Segregation On Health Inequities: Addressing Death Gaps Through Reparations, Mariya Denisenko
The Impact Of Government Sponsored Segregation On Health Inequities: Addressing Death Gaps Through Reparations, Mariya Denisenko
Washington and Lee Law Review
Government sponsored segregation of urban neighborhoods has detrimentally impacted the health of Black Americans. Over the last century, federal, state, and local governments have promulgated racist laws and policies that shaped the racial divide of communities in major metropolitan cities. This divide has contributed to poor health outcomes and large discrepancies in life expectancy for Black Americans when compared to their White counterparts. While health is impacted by various factors, segregation has been shown to impose various challenges that make it difficult for Black Americans to attain good health.
Segregated Black communities struggle with economic inequality, environmental racism, and face …
How The Blockchain Undermined Digital Ownership, Aaron Perzanowski
How The Blockchain Undermined Digital Ownership, Aaron Perzanowski
Washington and Lee Law Review
The shift from a market built around the sale of tangible goods to one premised on the licensing of digital content and services has done significant and lasting damage to the notion of individual ownership. The emergence of blockchain technology, while certainly not necessary to reverse these trends, promised an opportunity to attract investment and demonstrate consumer demand for marketplaces that recognize meaningful digital ownership. Simultaneously, it offered an avenue for alleviating worries about hypothetical widespread reproduction and unchecked distribution of copyrighted works. Instead, many of the most visible blockchain projects in recent years—the proliferation of new cryptocurrencies and the …
Digital Property Cycles, Joshua Fairfield
Digital Property Cycles, Joshua Fairfield
Washington and Lee Law Review
The present downturn in non-fungible token (“NFT”) markets is no cause for immediate alarm. There have been multiple cycles in both the legal and media focus on digital intangible property, and these cycles will recur. The cycles are easily explainable: demand for intangible property is constant, even increasing. The legal regimes governing ownership of these assets are unstable and poorly suited to satisfying the preferences of buyers and sellers. The combination of demand and poor legal regulation gives rise to the climate of fraud that has come to characterize NFTs, but it has nothing to do with the value of …
The Future Of Testamentary Capacity, Reid Kress Weisbord, David Horton
The Future Of Testamentary Capacity, Reid Kress Weisbord, David Horton
Washington and Lee Law Review
Recently, the #FreeBritney saga cast a harsh spotlight on state guardianship systems. Yet despite their serious flaws, guardianship regimes have benefited from waves of reform. Indeed, since the 1970s, most jurisdictions have taken steps to protect the autonomy of people with cognitive, intellectual, or developmental disabilities (CIDD). Likewise, lawmakers are currently experimenting with supported decision-making (SDM): an alternative to guardianship designed to help individuals with CIDD make their own choices. These changes are no panacea, but they have modernized a field that once summarily denied “idiots” and “lunatics” power over their affairs.
However, in a related context, the legal system’s …
Right Of Self, Mitchell F. Crusto
Right Of Self, Mitchell F. Crusto
Washington and Lee Law Review
The exercise of free will against tyranny is the single principle that defines the American spirit, our history, and our culture. From the American Revolution through the Civil War, the two World Wars, the Civil Rights Movement, and up to today, Americans have embraced the fundamental rights of the individual against wrongful governmental intrusion. This is reflected in our foundational principles, including the Magna Carta, the Bill of Rights to the United States Constitution, the Reconstruction Amendments, the Nineteenth Amendment, and, more recently, in the Supreme Court’s recognition of fundamental individual rights within the Constitution’s penumbras. However, there is no …
Text Messages Are Property: Why You Don’T Own Your Text Messages, But It’D Be A Lot Cooler If You Did, Spence M. Howden
Text Messages Are Property: Why You Don’T Own Your Text Messages, But It’D Be A Lot Cooler If You Did, Spence M. Howden
Washington and Lee Law Review
This Note proceeds as follows: Part II offers a brief overview of what text messages are and what they are not. Part III covers the history of intangible personal property law and reviews the evolution of “cybertrespass” claims. Part IV explores the judiciary and the Fourth Amendment’s failure to protect text messages. Finally, Part V evaluates whether text messages constitute property and the practical implications of this finding.
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
Washington and Lee Law Review
Part II of this Note begins by providing a brief overview of the background and goals of CERCLA. Part II also provides an examination of the issue of ownership liability under CERCLA and recounts the federal courts’ difficulty in applying ownership liability. Part II then describes how the federal government’s “bare legal title” argument arose out of the confusion surrounding ownership liability in CERCLA litigation. Part III moves on to examine the recent trend in CERCLA litigation rejecting the federal government’s bare legal title argument, thus holding the federal government liable as an owner based on its possession of legal …
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson
Washington and Lee Law Review
No abstract provided.
You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski
You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski
Washington and Lee Law Review
No abstract provided.
Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin
Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin
Washington and Lee Law Review
No abstract provided.
Appetite For Destruction: Symbolic And Structural Facets Of The Right To Destroy Digital Property, Joshua A.T. Fairfield
Appetite For Destruction: Symbolic And Structural Facets Of The Right To Destroy Digital Property, Joshua A.T. Fairfield
Washington and Lee Law Review
No abstract provided.
Taking Patents, Gregory Dolin, Irena D. Manta
Taking Patents, Gregory Dolin, Irena D. Manta
Washington and Lee Law Review
The America Invents Act (AIA) was widely hailed as a remedy to the excessive number of patents that the Patent & Trademark Office issued, and especially ones that would later turn out to be invalid. In its efforts to eradicate “patent trolls” and fend off other ills, however, the AIA introduced serious constitutional problems that this Article brings to the fore. We argue that the AIA’s new “second-look” mechanisms in the form of Inter Partes Review (IPR) and Covered Business Method Review (CBMR) have greatly altered the scope of vested patent rights by modifying the boundaries of existing patents. The …
Super - Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet
Super - Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet
Washington and Lee Law Review
No abstract provided.
Imminently Eminent: A Game Theoretic Analysis Of Takings Since Kelo V. City Of New London, Alex Hornaday
Imminently Eminent: A Game Theoretic Analysis Of Takings Since Kelo V. City Of New London, Alex Hornaday
Washington and Lee Law Review
No abstract provided.
Tackling The Perplexing Sound Of Statutory Silence: Why Courts Should Imply A Private Right Of Action Under Section 10(A) Of Respa, Seth M. Mott
Washington and Lee Law Review
No abstract provided.
"A Less Proportion Of Idle Proprietors": Madison, Property Rights, And The Abolition Of Fee Tail, John F. Hart
"A Less Proportion Of Idle Proprietors": Madison, Property Rights, And The Abolition Of Fee Tail, John F. Hart
Washington and Lee Law Review
No abstract provided.
A Duty Not To Become A Victim: Assessing The Plaintiffs Fault In Negligent Security Actions, Steven C. Minson
A Duty Not To Become A Victim: Assessing The Plaintiffs Fault In Negligent Security Actions, Steven C. Minson
Washington and Lee Law Review
No abstract provided.
The Scope Of The Borrower's Liability In A Nonrecourse Real Estate Loan, Gregory M. Stein
The Scope Of The Borrower's Liability In A Nonrecourse Real Estate Loan, Gregory M. Stein
Washington and Lee Law Review
The nonrecourse real estate lender agrees to seek satisfaction solely from the mortgaged property and not from the borrower or any of its equity holders personally. The lender presumably receives consideration for its relinquishment of this important remedy, and it would be unfair for a court later to award the lender a personal judgment against the borrower solely because the foreclosure sale proceeds were insufficient to satisfy the debt. Because the nonrecourse lender cannot reach the borrower's personal assets, the location of the dividing line between the mortgaged property and the borrower's personal assets turns out to be far more …
Real Property In Bankruptcy: Some Special Considerations, G. Stanley Joslin
Real Property In Bankruptcy: Some Special Considerations, G. Stanley Joslin
Washington and Lee Law Review
No abstract provided.
A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose
A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose
Washington and Lee Law Review
No abstract provided.
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Washington and Lee Law Review
No abstract provided.
Property And Liberty - Institutional Competence And The Functions Of Rights, Wayne Mccormack
Property And Liberty - Institutional Competence And The Functions Of Rights, Wayne Mccormack
Washington and Lee Law Review
No abstract provided.
Integration Of The Law Of Easements, Real Covenants And Equitable Servitudes, Lawrence Berger
Integration Of The Law Of Easements, Real Covenants And Equitable Servitudes, Lawrence Berger
Washington and Lee Law Review
No abstract provided.
Conserving The Nation's Heritage Using The Uniform Conservation Easement Act, Ellen Edge Katz
Conserving The Nation's Heritage Using The Uniform Conservation Easement Act, Ellen Edge Katz
Washington and Lee Law Review
No abstract provided.
The Decline And Fall Of A Detroit Neighborhood: Poletown Vs. G.M. And The City Of Detroit, John J. Bukowczyk
The Decline And Fall Of A Detroit Neighborhood: Poletown Vs. G.M. And The City Of Detroit, John J. Bukowczyk
Washington and Lee Law Review
No abstract provided.
Issues Of Sovereignty In Escheat And The Uniform Unclaimed Property Act*, Andrew W. Mcthenia, Jr., David J. Epstein
Issues Of Sovereignty In Escheat And The Uniform Unclaimed Property Act*, Andrew W. Mcthenia, Jr., David J. Epstein
Washington and Lee Law Review
No abstract provided.
Property As A Constitutional Right, Frank I. Michelman
Property As A Constitutional Right, Frank I. Michelman
Washington and Lee Law Review
No abstract provided.
Installment Land Contracts: Developing Law In Virginia
Installment Land Contracts: Developing Law In Virginia
Washington and Lee Law Review
No abstract provided.