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Articles 1 - 30 of 66
Full-Text Articles in Law
The Tainted Federal Prosecutor In An Overcriminalized Justice System, Ellen S. Podgor
The Tainted Federal Prosecutor In An Overcriminalized Justice System, Ellen S. Podgor
Washington and Lee Law Review
No abstract provided.
The French Prosecutor In Question, Jacqueline S. Hodgson
The French Prosecutor In Question, Jacqueline S. Hodgson
Washington and Lee Law Review
Both the pre-trial and dispositive roles of the French prosecutor have continued to expand over the last decades with a resulting shift in power away from the trial judge and the juge d'instruction. The recommendations of the Liger Commission in 2009 went beyond the redistribution of authority and proposed the abolition of the juge d'instruction, placing the prosecutor in charge of all criminal investigations, even the most serious, complex, and sensitive. At the same time, the prosecutor's role and status has been challenged in a number of ways-in particular concerning her function as judicial supervisor of the detention and interrogation …
The Development Of Environmental Governance Regimes: A Chinese-Inspired Reconstruction, Roda Mushkat
The Development Of Environmental Governance Regimes: A Chinese-Inspired Reconstruction, Roda Mushkat
Washington and Lee Journal of Energy, Climate, and the Environment
The challenge of protecting the biosphere has both salient academic and policy dimensions. On the academic side, persistent efforts have been made in the field of socio-legal studies to enhance the understanding of the complex processes involved, in the domestic arena and on the international front, in the formation and transformation of the elaborate institutional arrangements designed to contribute to this goal. The scholars engaged in those efforts have pursued divergent paths, but one school of thought has moved decisively to the forefront. China’s experience does not cast doubt on its relevance, or even prominence, yet it suggests that multi-pronged …
The Three Ps Of The Trafficking Victims Protection Act: Unaccompanied Undocumented Minors And The Forgotten P In The William Wilberforce Trafficking Prevention Reauthorization Act, Jennifer Nguyen
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler
The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler
Washington and Lee Law Review
No abstract provided.
Using The Federal Communication Commission’S Tower Construction Notification System As A Model For Siting Nuclear Waste On Native American Land, Casey Zivin
Washington and Lee Journal of Energy, Climate, and the Environment
Since the advent of nuclear power in the United States in the mid-20th century, the federal government has struggled to find a suitable location to store the hazardous waste associated with nuclear power generation. In 1991, in an attempt to solve the problem of storing nuclear waste, the federal government created grant programs which offered funding to states and Native American tribes who volunteered to store nuclear waste on their lands. One tribe in particular, the Skull Valley Goshute of Utah, viewed storing nuclear waste as an opportunity to infuse their reservation with monies. Further, because tribes enjoy sovereign status …
Gas Flaring In Nigeria‘S Niger Delta: Failed Promises And Reviving Community Voices, Eferiekose Ukala
Gas Flaring In Nigeria‘S Niger Delta: Failed Promises And Reviving Community Voices, Eferiekose Ukala
Washington and Lee Journal of Energy, Climate, and the Environment
This Note examines the use of litigation to stop gas flaring in Nigeria’s Niger Delta, and proposes an alternative solution to the ongoing gas flaring in the Niger Delta region. In exploring an alternative solution, this Note (1) details the history of gas flaring in Nigeria; (2) discusses Nigeria’s gas-flaring legislation and its implementation; (3) analyzes the impact that landmark gas flaring cases have had on the stoppage of gas flaring; and (4) details how litigation has been used as a tool to combat gas flaring, juxtaposing the concept of the rule of law. This Note concludes by suggesting that …
The Improbability Of Meaningful Climate Change Regulation: A Constructivist Understanding Of The Global Commons And The Need For U.S. Leadership, Stacey Valentine
The Improbability Of Meaningful Climate Change Regulation: A Constructivist Understanding Of The Global Commons And The Need For U.S. Leadership, Stacey Valentine
Washington and Lee Journal of Energy, Climate, and the Environment
Climate change is a topic that permeates today’s scientific, political, and social discourse. It is a term that is both widely known and hotly debated across the country and across the globe. While an ever-increasing majority of the scientific and political realms has come to the conclusion that meaningful climate change regulation is necessary to prevent negative repercussions across the globe, there is little consensus on what that regulation should look like or how to bring it about. The nature of greenhouse gases, or GHGs, makes international cooperation a must if the world hopes to prevent and avoid the experts’ …
Symposium: Introduction, Ann Maclean Massie
Symposium: Introduction, Ann Maclean Massie
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
College Suicide: A Law And Policy Perspective, Gary Pavela
College Suicide: A Law And Policy Perspective, Gary Pavela
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp
The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan
What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Detecting And Engaging At-Risk Students, Ann P. Haas
Detecting And Engaging At-Risk Students, Ann P. Haas
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy
Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What The Governor’S Panel Learned, Aradhana "Bela" Sood
What The Governor’S Panel Learned, Aradhana "Bela" Sood
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram
A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Appropriate Responses Of Campus Security Forces, Donald Challis
Appropriate Responses Of Campus Security Forces, Donald Challis
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud
The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Affects Of Apprendi V. New Jersey On The Use Of Dna Evidence At Sentencing—Can Dna Alone Convict Of Unadjudicated Prior Acts?, Katharine C. Lester
The Affects Of Apprendi V. New Jersey On The Use Of Dna Evidence At Sentencing—Can Dna Alone Convict Of Unadjudicated Prior Acts?, Katharine C. Lester
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Brady's Bunch Of Flaws, Daniel S. Medwed
Brady's Bunch Of Flaws, Daniel S. Medwed
Washington and Lee Law Review
The 1970s television program The Brady Bunch provided a lighthearted and optimistic portrayal of American family life. A divorced man with three brown-haired boys married a divorced woman with three blonde daughters. They melded together into a happy, well-adjusted crew committed to mad-cap adventures accompanied by syrupy background music. Yet the promise of The Brady Bunch was illusory. Divorce has wreaked havoc on this country. The problems that derive from divorce and remarriage are multifaceted; they seldom lend themselves to tidy resolution in thirty minutes, let alone a lifetime. The show provided a distractionand a disservice. It sent an inaccurate …
Uncertainty And The Search For Truth At Trial: Defining Prosecutorial "Objectivity" In German Sexual Assault Cases, Shawn Marie Boyne
Uncertainty And The Search For Truth At Trial: Defining Prosecutorial "Objectivity" In German Sexual Assault Cases, Shawn Marie Boyne
Washington and Lee Law Review
According to German legal scholar, Claus Roxin, German prosecutors are the "most objective civil servants" in the world. Roxin 's assessment of German prosecution practice reflects the conviction of many German legal scholars that prosecutors in Germany's inquisitorial system function as second judges dedicated to finding the objective "truth." In this Article I investigate how prosecutors "translate" the normative duty of objectivity enshrined in the German penal code into observable practices on the ground I examine prosecutorial decision-making in three sexual assault trials. Sexual assault cases pose unique challenges to prosecutors as well as to the definition of objectivity. Because …
Predatory Bundling And The Exclusionary Standard, J. Shahar Dillbary
Predatory Bundling And The Exclusionary Standard, J. Shahar Dillbary
Washington and Lee Law Review
Recent decisions-all relying on a stylized example first provided by the Ortho court-hold that a multi-product seller that uses a bundled discount in a way that excludes an equally or more efficient competitor engages in predatory bundling. According to these decisions, a bundle can be considered 'predatory" even when the price of the bundle exceeds its cost. This Article shows that the Ortho court's stylized example and its monopoly leveraging theory are erroneous. This Article further demonstrates that even when a bundle's price excludes more efficient competitors and even when a component in the bundle is priced below cost, and …
The Worldwide Accountability Deficit For Prosecutors, Ronald F. Wright, Marc L. Miller
The Worldwide Accountability Deficit For Prosecutors, Ronald F. Wright, Marc L. Miller
Washington and Lee Law Review
In democratic governments committed to the rule of Law, prosecutors should be accountable to the public, just like other powerful government agents who make important decisions. The theoretical need for prosecutor accountability, however, meets practical shortcomings in criminal justice systems everywhere. Individual prosecutors everywhere express allegiance to the rule of Law through the wise decisions made by each prosecutor and across offices as a whole. But the claim "trust us" does not in fact generate the level of public trust that one should expect in a government of Laws. Institutional strategies to guarantee prosecutor accountability all fall short of the …
A Complicated Environment: The Problem With Extending Victims' Rights To Victims Of Environmental Crimes, Andrew Atkins
A Complicated Environment: The Problem With Extending Victims' Rights To Victims Of Environmental Crimes, Andrew Atkins
Washington and Lee Law Review
No abstract provided.
Prosecutors As Judges, Erik Luna, Marianne Wade
Prosecutors As Judges, Erik Luna, Marianne Wade
Washington and Lee Law Review
No abstract provided.
If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck
If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck
Washington and Lee Law Review
No abstract provided.
Why Banks Are Not Allowed In Bankruptcy, Richard M. Hynes, Steven D. Walt
Why Banks Are Not Allowed In Bankruptcy, Richard M. Hynes, Steven D. Walt
Washington and Lee Law Review
Unlike most other countries, the United States uses different Procedures to resolve insolvent banks and nonbank firms. The Bankruptcy Code divides control over nonbank firms among the various claimants, and a judge supervises the resolution process. By contrast, the FDIC acts as the receiver for an insolvent bank and has almost complete con trol. Other claimants can sue the FDIC, but they cannot obtain injunctive relief and their damages are limited to the amount that they would have received in liquidation. The FDIC has acted as the receiver of insolvent banks since the Great Depression, and the concentration of power …
State Regulation Of Resale Price Maintenance On The Internet: The Constitutional Problems With The 2009 Amendment To The Maryland Antitrust Act, Katherine M. Brockmeyer
State Regulation Of Resale Price Maintenance On The Internet: The Constitutional Problems With The 2009 Amendment To The Maryland Antitrust Act, Katherine M. Brockmeyer
Washington and Lee Law Review
No abstract provided.
Confession Of Error By Administrative Agencies, Alexander L. Merritt
Confession Of Error By Administrative Agencies, Alexander L. Merritt
Washington and Lee Law Review
No abstract provided.
Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges
Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges
Washington and Lee Law Review
In Planned Parenthood of Southeastern Pennsylvania v. Casey,' the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade,2 with a new test for determining the constitutionality of abortion regulations-the "undue burden standard."3 The Court's 2007 decision in Gonzales v. Carhart 4 was its most recent occasion to use the undue burden standard, as the Court was called upon to ascertain the constitutionality of the Partial-Birth Abortion Ban Act, a federal statute proscribing certain methods of performing second- and third-trimester abortions.5 A majority of the Court held that the regulation was constitutionally permissible, finding that …