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Washington and Lee University School of Law

2006

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Articles 31 - 60 of 83

Full-Text Articles in Law

Academic Freedom On The Rack: Stretching Academic Freedom Beyond Its Constitutional Limits In Fair V. Rumsfeld, Rory Thomas Gray Jun 2006

Academic Freedom On The Rack: Stretching Academic Freedom Beyond Its Constitutional Limits In Fair V. Rumsfeld, Rory Thomas Gray

Washington and Lee Law Review

No abstract provided.


Comparing Religions, Legally, Winnifred Fallers Sullivan Jun 2006

Comparing Religions, Legally, Winnifred Fallers Sullivan

Washington and Lee Law Review

No abstract provided.


Take It Slow: A Novel Concept In The Life Of Sarbanes-Oxley, D. Skylar Rosenbloom Jun 2006

Take It Slow: A Novel Concept In The Life Of Sarbanes-Oxley, D. Skylar Rosenbloom

Washington and Lee Law Review

No abstract provided.


The Employment Tax Challenge To The Check The Box Regulations, Brant J. Hellwig, Gregg D. Polsky May 2006

The Employment Tax Challenge To The Check The Box Regulations, Brant J. Hellwig, Gregg D. Polsky

Scholarly Articles

Not available.


Where To Go From Here? The Roberts Court At The Crossroads Of Sentencing, Nora V. Demleitner Apr 2006

Where To Go From Here? The Roberts Court At The Crossroads Of Sentencing, Nora V. Demleitner

Scholarly Articles

As the Supreme Court has turned federal sentencing upside down in Booker, it has left a host of open questions in the wake of that decision. The outcome of these questions is often difficult to predict, for lower courts and commentators alike, as the Court has failed to develop an overarching sentencing philosophy to replace the rehabilitation-focused one that animated sentencing for so long. If the Court were to reach consensus on that issue, it would be better able to speak coherently on unresolved sentencing matters. This introduction to an Issue of the Federal Sentencing Reporter highlights some of the …


The End Of Preclearance As We Knew It: How The Supreme Court Transformed Section 5 Of The Voting Rights Act, Peyton Mccrary, Christopher B. Seaman, Richard Valelly Apr 2006

The End Of Preclearance As We Knew It: How The Supreme Court Transformed Section 5 Of The Voting Rights Act, Peyton Mccrary, Christopher B. Seaman, Richard Valelly

Scholarly Articles

Section 5 of the Voting Rights Act of 1965 requires certain jurisdictions with a history of racial discrimination to obtain “preclearance” of proposed electoral changes from the United States Department of Justice or a three-judge panel in the United States District Court for the District of Columbia. This provision, which is set to expire in August 2007, has successfully reduced racial and ethnic discrimination in voting.

The United States Supreme Court determined in a 5-4 decision, Reno v. Bossier Parish School Board, 528 U.S. 230 (2000), that Section 5's prohibition on the enforcement of electoral changes which have a discriminatory …


Law Of Assembly In The People's Republic Of China, Kam C. Wong Mar 2006

Law Of Assembly In The People's Republic Of China, Kam C. Wong

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Second-Class Citizens: Jews, Freedom Of Speech, And Intolerance On Canadian University Campuses, Stefan Braun Mar 2006

Second-Class Citizens: Jews, Freedom Of Speech, And Intolerance On Canadian University Campuses, Stefan Braun

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Fear Of A Blackened Planet: Pressured By The War On Terror, Courts Ignore The Erosion Of The Attorney-Client Privilege And Effective Assistance Of Counsel In 28 C.F.R § 501.3(D) Cases, Chris Ford Mar 2006

Fear Of A Blackened Planet: Pressured By The War On Terror, Courts Ignore The Erosion Of The Attorney-Client Privilege And Effective Assistance Of Counsel In 28 C.F.R § 501.3(D) Cases, Chris Ford

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Constitutional Arguments In Favor Of Modifying The Hcqia To Allow The Dissemination Of Physician Information To Healthcare Consumers, Laura A. Chernitsky Mar 2006

Constitutional Arguments In Favor Of Modifying The Hcqia To Allow The Dissemination Of Physician Information To Healthcare Consumers, Laura A. Chernitsky

Washington and Lee Law Review

No abstract provided.


The Collision Of The Takings And State Sovereign Immunity Doctrines, Eric Berger Mar 2006

The Collision Of The Takings And State Sovereign Immunity Doctrines, Eric Berger

Washington and Lee Law Review

No abstract provided.


Don't Give Me That!: Tax Valuation Of Gifts To Art Museums, Mary Varson Cromer Mar 2006

Don't Give Me That!: Tax Valuation Of Gifts To Art Museums, Mary Varson Cromer

Washington and Lee Law Review

No abstract provided.


Loss Of Potential Parenthood As A Statutory Solution To The Conflict Between Wrongful Death Remedies And Roe V. Wade, Erica Richards Mar 2006

Loss Of Potential Parenthood As A Statutory Solution To The Conflict Between Wrongful Death Remedies And Roe V. Wade, Erica Richards

Washington and Lee Law Review

No abstract provided.


Transboundary Environmental Impact Assessment Under The North American Free Trade Agreement, Jameson Tweedie Mar 2006

Transboundary Environmental Impact Assessment Under The North American Free Trade Agreement, Jameson Tweedie

Washington and Lee Law Review

No abstract provided.


Race Against The Machine: An Argument For The Standardization Of Voting Technology, Jason Belmont Conn Mar 2006

Race Against The Machine: An Argument For The Standardization Of Voting Technology, Jason Belmont Conn

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Charitable Giving: An Analysis And Extension Of Justice Powell's Jurisprudence, Andrew Dana Mar 2006

Charitable Giving: An Analysis And Extension Of Justice Powell's Jurisprudence, Andrew Dana

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore Mar 2006

I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Radio Regulation: The Effect Of A Pro-Localism Agenda On Black Radio, Lavonda N. Reed-Huff Mar 2006

Radio Regulation: The Effect Of A Pro-Localism Agenda On Black Radio, Lavonda N. Reed-Huff

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Plane Harassment: The Transportation Security Administration's Indifference To The Constitution In Administering The Government's Watch Lists, Yousri Omar Mar 2006

Plane Harassment: The Transportation Security Administration's Indifference To The Constitution In Administering The Government's Watch Lists, Yousri Omar

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Dictionary And The Man: The Eighth Edition Of Black's Law Dictionary, Edited By Bryan Garner, Roy M. Mersky, Jeanne Price Mar 2006

The Dictionary And The Man: The Eighth Edition Of Black's Law Dictionary, Edited By Bryan Garner, Roy M. Mersky, Jeanne Price

Washington and Lee Law Review

No abstract provided.


The Judgment-Proof Society, Stephen G. Gilles Mar 2006

The Judgment-Proof Society, Stephen G. Gilles

Washington and Lee Law Review

No abstract provided.


Virginia Bar Exam, February 2006, Section 2 Feb 2006

Virginia Bar Exam, February 2006, Section 2

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, February 2006, Section 1 Feb 2006

Virginia Bar Exam, February 2006, Section 1

Virginia Bar Exam Archive

No abstract provided.


Jurisdiction To Adjudicate: A Revised Analysis, A. Benjamin Spencer Jan 2006

Jurisdiction To Adjudicate: A Revised Analysis, A. Benjamin Spencer

Scholarly Articles

Personal jurisdiction doctrine as articulated by the Supreme Court is in disarray.A s a constitutional doctrine whose contours remain imprecise, the law of personal jurisdiction has generated confusion, unpredictability, and extensive satellite litigation over what should be an uncomplicated preliminary issue. Many commentators have long lamented these defects, making suggestions for how the doctrine could be improved. Although many of these proposals have had much to offer, they generally have failed to articulate (or adequately justify or explain) a simple and sound approach to jurisdiction that the Supreme Court can embrace. This Article revises the law of personal jurisdiction by …


A Tribute To Lewis H. Larue, Andrew W. Mcthenia Jan 2006

A Tribute To Lewis H. Larue, Andrew W. Mcthenia

Scholarly Articles

A tribute to Professor Lewis H. LaRue.


Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth Jan 2006

Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth

Scholarly Articles

The Uniform Trust Code ("UTC") is the first comprehensive codification of the law of trusts. Approved in 2000 by the National Conference of Commissioners on Uniform State Laws, the UTC has since been enacted (sometimes in modified form) in at least a dozen jurisdictions. The UTC has not been without controversy. In particular, Article Five of the UTC - concerning creditors' rights - has generated a veritable war of words, with opponents claiming that enactment of the UTC will result in dire consequences to the traditional creditor-protection benefits associated with spendthrift and discretionary trusts. The purpose of this article is …


The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer Jan 2006

The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer

Scholarly Articles

The issue of discovery misconduct, specifically as it pertains to the pre-litigation duty to preserve and sanctions for spoliation, has garnered much attention in the wake of decisions by two prominent jurists whose voices carry great weight in this area. In Pension Committee of University of Montreal Pension Plan v. Bank of America Securities, Judge Shira Scheindlin - of the Zubulake e-discovery cases - penned a scholarly and thorough opinion setting forth her views regarding the triggering of the duty to preserve potentially relevant information pending litigation and the standards for determining the appropriate sanctions for various breaches of that …


Our Broken Health Care System And How To Fix It: An Essay On Health Law And Policy, Timothy Stoltzfus Jost Jan 2006

Our Broken Health Care System And How To Fix It: An Essay On Health Law And Policy, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.


Faith And Faithfulness In Corporate Theory, Lyman P.Q. Johnson Jan 2006

Faith And Faithfulness In Corporate Theory, Lyman P.Q. Johnson

Scholarly Articles

No abstract provided.


The Audit Committee's Ethical And Legal Responsibilities: The State Law Perspective, Lyman P.Q. Johnson Jan 2006

The Audit Committee's Ethical And Legal Responsibilities: The State Law Perspective, Lyman P.Q. Johnson

Scholarly Articles

This paper provides a state law perspective on the post-scandal, post-reform audit committee. Federal law, along with NYSE and Nasdaq (together, "SRO") rules, recently have made sweeping changes in corporate governance, including numerous provisions that bear on audit committees. These changes are unprecedented and dramatic, and rightly have received wide attention and careful study. Certain basic principles underlying the governance functions and duties of audit committees, however, originate in, and are still determined by, state law. Moreover, state law applies to all corporations; federal law and SRO rules on audit committees apply only to those companies coming under federal law …