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The Impact Of Government Sponsored Segregation On Health Inequities: Addressing Death Gaps Through Reparations, Mariya Denisenko Oct 2023

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 Jul 2023

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 Jul 2023

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 Apr 2022

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 Apr 2022

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 Jun 2019

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 Jun 2019

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 Jan 2018

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Apr 2016

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 Mar 2015

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 Sep 2007

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 Jun 2007

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 Jan 2001

"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 Mar 2000

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 Sep 1998

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 Sep 1996

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 Jan 1996

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 Sep 1994

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 Jan 1994

Property And Liberty - Institutional Competence And The Functions Of Rights, Wayne Mccormack

Washington and Lee Law Review

No abstract provided.


X. Real Property Law Mar 1988

X. Real Property Law

Washington and Lee Law Review

No abstract provided.


Integration Of The Law Of Easements, Real Covenants And Equitable Servitudes, Lawrence Berger Mar 1986

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 Mar 1986

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 Jan 1984

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 Sep 1983

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 Sep 1981

Property As A Constitutional Right, Frank I. Michelman

Washington and Lee Law Review

No abstract provided.


Xi. Property Mar 1981

Xi. Property

Washington and Lee Law Review

No abstract provided.


Installment Land Contracts: Developing Law In Virginia Sep 1980

Installment Land Contracts: Developing Law In Virginia

Washington and Lee Law Review

No abstract provided.