Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Washington University in St. Louis

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 30 of 6266

Full-Text Articles in Law

Faculty List Jan 2018

Faculty List

Washington University Law Review

No abstract provided.


Editorial Board Jan 2018

Editorial Board

Washington University Law Review

No abstract provided.


The Corporate Governance Of National Security, Andrew Verstein Jan 2018

The Corporate Governance Of National Security, Andrew Verstein

Washington University Law Review

At hundreds of companies, the government installs former spies and military officers to run the business without shareholder oversight, putting security before profits in order to protect vital projects from potentially treasonous influences. Through procedures I call “National Security Corporate Governance,” corporate boardrooms have quietly become instruments of national defense, marrying the efficiency norms of corporate law and the protective ambitions of national security. How is this achieved, and how successfully? Using a variety of research approaches – including Freedom of Information Act (FOIA) requests, archival searches, telephone interviews, and in-person conversations with industry insiders – this Article illuminates a secretive government ...


Income-Dependent Punitive Damages, Ronen Perry, Elena Kantorowicz-Reznichenko Jan 2018

Income-Dependent Punitive Damages, Ronen Perry, Elena Kantorowicz-Reznichenko

Washington University Law Review

The Article unfolds in six parts. Part I outlines the development of the law governing punitive damages. Part II analyzes the possible rationales for this unique “middle-ground” doctrine, focusing on deterrence and retribution. Part III considers whether the defendant’s wealth should be considered in assessing punitive damages in light of their underlying goals. Part IV demonstrates how the defendant’s wealth can be integrated into the calculation. It extracts the foundations from European criminal justice systems and adapts the model to American civil law. Part V defends the proposed model from the relevant theoretical perspectives. Lastly, Part VI discusses ...


Algorithmic Entities, Lynn M. Lopucki Jan 2018

Algorithmic Entities, Lynn M. Lopucki

Washington University Law Review

In a 2014 article, Professor Shawn Bayern demonstrated that anyone can confer legal personhood on an autonomous computer algorithm by putting it in control of a limited liability company. Bayern’s demonstration coincided with the development of “autonomous” online businesses that operate independently of their human owners—accepting payments in online currencies and contracting with human agents to perform the off-line aspects of their businesses. About the same time, leading technologists Elon Musk, Bill Gates, and Stephen Hawking said that they regard human-level artificial intelligence as an existential threat to the human race.

This Article argues that algorithmic entities—legal ...


Decentralized Public Ledger Systems And Securities Law: New Applications Of Blockchain Technology And The Revitalization Of Sections 11 And 12(A)(2) Of The Securities Act Of 1933, Kelsey Bolin Jan 2018

Decentralized Public Ledger Systems And Securities Law: New Applications Of Blockchain Technology And The Revitalization Of Sections 11 And 12(A)(2) Of The Securities Act Of 1933, Kelsey Bolin

Washington University Law Review

When Bitcoin launched in 2009, it was the first virtual cryptocurrency to gain popularity and attain widespread use. Much attention has been paid to Bitcoin’s well-publicized advances and setbacks as the world’s foremost virtual currency. Less attention has been paid, however, to the decentralized public ledger technology that enables Bitcoin to function. That technology is just as innovative as Bitcoin itself. Decentralized public ledgers are a revolution in digital data storage and have the “potential to fundamentally shift the way in which society operates.”

This Note will examine one such societal shift—a change in how shareholders access ...


Shielding Children From Pornography By Incentivizing Private Choice, Karen Hinkley Jan 2018

Shielding Children From Pornography By Incentivizing Private Choice, Karen Hinkley

Washington University Law Review

In March of 2016, Playboy stopped publishing images of naked women in their magazines. According to the company’s chief executive, Scott Flanders, “[the] battle has been fought and won . . . . You’re now one click away from every sex act imaginable for free. And so it’s just passé at this juncture.” In stark contrast to the world of past generations, “[n]ow every teenage boy has an Internet-connected phone . . . . Pornographic magazines, even those as storied as Playboy, have lost their shock value, their commercial value and their cultural relevance.”

One consequence of modern technological advancements is that online pornography ...


Mailing Statement Jan 2018

Mailing Statement

Washington University Law Review

No abstract provided.


Table Of Contents Jan 2018

Table Of Contents

Washington University Law Review

No abstract provided.


How Do Environmental Changes And Shared Cultural Experiences Impact The Health Of Indigenous Peoples In South Louisiana?, Shanondora M. Billiot May 2017

How Do Environmental Changes And Shared Cultural Experiences Impact The Health Of Indigenous Peoples In South Louisiana?, Shanondora M. Billiot

Arts & Sciences Electronic Theses and Dissertations

Global environmental change is an ongoing and complex social problem that will continue to permeate all spheres of life on earth (Moran, 2010). Not all communities experience social and economic consequences of environmental change at the same level (Adger, 2006a; Cutter, Boruff, & Shirley, 2003; Gillespie, 2010; Nicholls et al., 2007; Vogel, Moser, Kasperson, & Dabelko, 2007). The variability of vulnerability, or potential for exposure or harm, stems from proximity to fragile ecosystems as well as social and economic differences across communities (Boruff, Emrich, & Cutter, 2005). Additionally, environmental changes are projected to have adverse impacts on marginalized populations through additional pressures on existing, struggling social systems. Indigenous coastal communities, given their attachment to and dependence on the land, are especially vulnerable to environmental changes (Ford, 2012). In addition, indigenous peoples worldwide have poorer health compared to their majority groups (Anderson et al., 2006; Castor et al., 2006; Gracey & King, 2009; King, Smith, & Gracey, 2009; Lama, 2012).

To date, there is limited academic literature on the impact of climate change on health outcomes, especially among indigenous peoples (Ford et al., 2014). Land is a viable resource to indigenous communities both culturally and for future generations. Therefore, it ...


Corporate Social Responsibility: Are Franchises Off The Hook, Or Can A Treaty Catch Them?, Lauren Verseman Jan 2017

Corporate Social Responsibility: Are Franchises Off The Hook, Or Can A Treaty Catch Them?, Lauren Verseman

Washington University Global Studies Law Review

In the current human rights compliance landscape, a company like McDonald’s can pledge to serve sustainably sourced beef at its restaurants worldwide but at the same time decline to require policies that ensure employees at McDonald’s franchise locations are not subject to unfair labor practices, human rights abuses, or even human trafficking. This paper will explore the duty of business enterprises to respect human rights. It will then discuss the efforts to define the scope of a business and human rights treaty in the face of the “bundle of contracts”the structures of many business entities, specifically franchise ...


Celebrating Masters & Johnson’S Human Sexual Response: A Washington University Legacy In Limbo, Susan Ekberg Stiritz, Susan Frelich Appleton Jan 2017

Celebrating Masters & Johnson’S Human Sexual Response: A Washington University Legacy In Limbo, Susan Ekberg Stiritz, Susan Frelich Appleton

Washington University Journal of Law & Policy

This Essay discusses how institutions devise traditions and celebrations within the context of protecting established hierarchies of power and privilege. Appleton and Stiritz bring to light the research of William Masters and Virginia Johnson and their publication of Human Sexual Response. The authors argue that Masters and Johnson’s work should be institutionally recognized and celebrated by Washington University. The Essay discusses how Washington University’s neglect has impacted Masters and Johnson’s narrative and reflects upon how their legacy was instead highlighted in the popular Showtime series Masters of Sex. Finally, the Essay reflects upon what might have been ...


My Favorite Case To Teach: A Literal “Gateway” For Students To Learn Contract Formation, Contract Terms, And Legal Realism, Daniel Keating Jan 2017

My Favorite Case To Teach: A Literal “Gateway” For Students To Learn Contract Formation, Contract Terms, And Legal Realism, Daniel Keating

Washington University Journal of Law & Policy

This Essay explains the continued relevance of the issues discussed in Hill v. Gateway 2000, Inc. twenty years later. Keating describes his approach to teaching the case in his classroom, highlighting the broad and narrow issues under Article 2 of the Uniform Commercial Code implicated by the underlying facts. Keating disagrees with the outcome of the case, but praises its value as a teaching tool for sales contract formation and broader policy issues in the legal system.


Washington University School Of Law’S Global Trajectory, Leila Nadya Sadat Jan 2017

Washington University School Of Law’S Global Trajectory, Leila Nadya Sadat

Washington University Journal of Law & Policy

This Essay discusses the changing nature of legal education, focusing on the movement from national to global law schools, specifically within the context of globalization. Sadat details the development of international and comparative legal education at Washington University and reflects on their benefit to the School’s reputation. Sadat closes with a discussion of “Global Trumpism,” its potential impact on the Pax Americana, and the resulting effect on Washington University’s international and comparative legal education programs.


Federal Policy For Financially-Distressed Subnational Governments: The U.S. States And Puerto Rico, Cheryl D. Block Jan 2017

Federal Policy For Financially-Distressed Subnational Governments: The U.S. States And Puerto Rico, Cheryl D. Block

Washington University Journal of Law & Policy

This Article addresses the aftermath of the Great Recession specifically focusing on its effects at the local and statewide levels. Block uses the financial situation in Puerto Rico to detail the common presumption against the use of federal government assistance to financially-distressed subnational governments. Block then analyzes rebuttal arguments that the states and Puerto Rico might use to overcome the initial presumption against federal assistance and gives suggestions to facilitate the structuring of relief efforts in the rare circumstances when federal intervention is warranted.


Bullies And Beakers: How Large Universities Are Squashing Research Competition And The Contractual Remedies To Solve It, Jonathan Fort Jan 2017

Bullies And Beakers: How Large Universities Are Squashing Research Competition And The Contractual Remedies To Solve It, Jonathan Fort

Washington University Journal of Law & Policy

This Note addresses the challenges that small research universities face when competition from larger, well-funded research universities lure highly skilled researchers using lucrative compensation packages and other benefits. Fort evaluates doctrines in contract law to identify trends in intellectual property ownership, relationships between research institutions and private sectors, and current case law to identify dis-incentivizing mechanisms that could curb competition that leaves small research universities with little recourse once researchers are poached. Fort recommends strict assignment agreements that would preserve an interest in patents and copyrights in favor of the smaller research institutions, in addition to liquidated damages provisions in ...


The Policy Of Federal Student Loans: Looking Backward And Looking Forward, Aaron Mohr Jan 2017

The Policy Of Federal Student Loans: Looking Backward And Looking Forward, Aaron Mohr

Washington University Journal of Law & Policy

This Note addresses the discrepancies between inflation rates and the cost of higher learning, particularly as a new generation of students finds it more difficult to pursue additional education because student loan burdens continue to outpace real wages. Mohr examines various contributing factors in this imbalance, including rises in tuition costs, the widespread availability of loans, and the difficulty in discharging these debts, to identify the source of the problem. Mohr suggests that the underlying issue is the rising costs of higher education as a function of the availability of loans, and recommends a system of limits on borrowing that ...


Whose Responsibility Is It To Prep For Safe Sex? Archaic Hiv Criminalization And Modern Medicine, Brigid Bone Jan 2017

Whose Responsibility Is It To Prep For Safe Sex? Archaic Hiv Criminalization And Modern Medicine, Brigid Bone

Washington University Journal of Law & Policy

This Note traces the history of HIV and its impact on the homosexual community, with a focus on criminal statutes that attempted to regulate the actions of individuals with HIV, and how those statutes can be evaluated considering modern advancements against the virus. Bone addresses the state of HIV criminalization bearing in mind medical treatments, such as Highly Effected Antiretroviral Treatment (HAART) and Pre-Exposure Prophylaxis (PrEP), as well as conviction rates among those who engage in sexual activity while HIV positive. Bone proposes amending current criminalization statutes in a way that would de-stigmatize the conversation that surrounds the virus while ...


Universal Clinic Legal Education: Necessary And Feasible, Robert R. Kuehn Jan 2017

Universal Clinic Legal Education: Necessary And Feasible, Robert R. Kuehn

Washington University Journal of Law & Policy

This Essay analyzes the data surrounding clinical education in law schools. Kuehn compares the legal education experience to other professional schools, noting that the legal field does not take the steps to prepare law students for the professional field that other schools do. Kuehn argues that a mandated clinical experience for all students is both not costly to obtain and feasible to immediately implement. Kuehn concludes his argument by calling for required clinical training in ABA-approved law schools to ensure practice-ready professionals.


Wherefore Moot Court?, Richard E. Finneran Jan 2017

Wherefore Moot Court?, Richard E. Finneran

Washington University Journal of Law & Policy

This Essay, by Richard E. Finneran, adjunct professor and moot court coach at Washington University School of Law, extols the benefits of participating in moot court programs and offers tips how to instruct students to become better appellate advocates. Finneran underscores the value of studying oral advocacy, particularly as the decline in popularity studying and teaching the art of oral argument is reflected in the lack of quality exhibited by some advocates. Finneran does not attribute this lack of quality on the innate skills of an advocate, but rather places the onus on educators to teach moot court students the ...


The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer Jan 2017

The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer

Washington University Journal of Law & Policy

This Essay discusses how public defender apprenticeships impact law students and help mold their future careers. Brayer discusses the tangible advantages that the apprenticeship imparts on students as well as the transferable skills that students gain. Brayer then analyzes the internal and professional growth of students that participate in this apprenticeship. Brayer situates this growth within the context of Chief Justice John Marshall’s own similar experience, arguing how the public defender experience focuses and matures aspiring lawyers.


Practice Makes Perfect: New Practitioners’ Perspectives On Trends In Legal Education, Claire Botnick, Cort Vanostran Jan 2017

Practice Makes Perfect: New Practitioners’ Perspectives On Trends In Legal Education, Claire Botnick, Cort Vanostran

Washington University Journal of Law & Policy

This Essay, by attorneys Claire Botnick and Cort VanOstran, both recent graduates of Washington University School of Law, offers a perspective on the efficacy and shortcomings of recent modal changes in legal training. Botnick and VanOstran have a point of view situated between a student’s immediate exposure but limited perspective, and the established practitioner’s measured but distant analysis. Botnick and VanOstran emphasize the importance of academic programs that prioritize a student’s interaction with the law through curricular offerings, clinical experiences, and oral advocacy training.


Embracing New (And Old) Ideas, James E. Daily Jan 2017

Embracing New (And Old) Ideas, James E. Daily

Washington University Journal of Law & Policy

This Essay, by James E. Daily, lecturer at Washington University School of Law, identifies current declines in the demand for legal education and the greater job market offers a possible solution—re-introducing the LL.B degree. Daily looks at the historical increases in demand that led to the acceptance of the J.D. as the standard law degree required for practice. Daily proposes law schools should re-organize the current J.D. program to become a research or theory-focused advanced degree, and re-introduce the LL.B undergraduate LL.B degree that integrates the use and creation of new technologies in legal ...


Gendered Due Process Of Juvenile Justice, Annette R. Appell Jan 2017

Gendered Due Process Of Juvenile Justice, Annette R. Appell

Washington University Journal of Law & Policy

This Essay illustrates how the United States Constitution has developed gendered jurisprudence for children and families that affords children a higher level of due process in juvenile courts than is afforded to their parents. Appell discusses this jurisprudence through the lens of child protection and delinquency cases, followed by the laws treatment of children outside of the familial context. Appell highlights the higher level of constitutional freedom afforded children who break the law versus their parents who raise them and ends with a discussion of the implications this has on juvenile jurisprudence.


Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook Jan 2017

Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook

Washington University Journal of Law & Policy

This Essay discusses the economic and public policy concerns regarding the implied warrant of habitability law and the ability of tenants in the state of Missouri can raise effective defenses to rent and possession/eviction actions. The authors, Tokarz and Schmook, director and supervising attorney, respectively, of Washington University’s Civil Rights and Community Justice Clinic, evaluate these issues in light of Kohner Props., Inc. v. Johnson, which currently awaits a decision from the Missouri Supreme Court. Tokarz and Schmook use statistical analysis to identify recent trends in favorable results for landlords in disputes with tenants and stress the effects ...


The Joy Of Takings, Michael M. Berger Jan 2017

The Joy Of Takings, Michael M. Berger

Washington University Journal of Law & Policy

This Essay discusses the various circumstances under which Takings Law can be litigated. Beginning with an analysis of his personal experience in litigation, Berger details significant developments in Takings Law and posits on their future in a rapidly advancing technological sphere. Berger closes by analogizing airport takings law to issues involving drones and speculates that the intersection between drones and the law will mirror that of prior takings lawsuits.


Law Schools At Founding And Today, Russell K. Osgood, Jacob Glickfield Jan 2017

Law Schools At Founding And Today, Russell K. Osgood, Jacob Glickfield

Washington University Journal of Law & Policy

This Essay offers a historical perspective detailing the development of Missouri’s Constitution and the history of common law legal education by focusing on the founding of the Washington University Law Department. The authors address some suggestions by other scholars on how to modernize education including conversion to a two-year curriculum. While reflecting on the past, the authors suggest that a longer, but non-rigid, curriculum may be the only feasible way to structure legal education and offers several alternative structures for modern legal education. They discuss the pros and cons of their proposal, highlighting the need for social discussion concerning ...


Introduction, Nancy Staudt Jan 2017

Introduction, Nancy Staudt

Washington University Journal of Law & Policy

No abstract provided.


Plain Tobacco Packaging’S Impact On International Trade And The Family Smoking Prevention And Tobacco Control Act In The U.S. And Drafting Suggestions, Sunil S. Gu Jan 2017

Plain Tobacco Packaging’S Impact On International Trade And The Family Smoking Prevention And Tobacco Control Act In The U.S. And Drafting Suggestions, Sunil S. Gu

Washington University Global Studies Law Review

Despite its legal status, tobacco products, due to the potential harmful effects on health, have never been free from various governmental regulations. However, it was easier said than done to regulate them as governments wished, and in fact there were numerous failed attempts. Thus, governments tried to come up with a better and more effective regulation that will reduce the tobacco consumption thereby promoting public health, under the name of public health of their citizens. And plain tobacco packaging measures are the latest solution suggested.

The introduction of the plain tobacco measures has stirred huge controversy (understandably so), since it ...


Exile And Election: The Case For Barring Exiled Leaders From Contesting In National Elections, Fizza Batool Jan 2017

Exile And Election: The Case For Barring Exiled Leaders From Contesting In National Elections, Fizza Batool

Washington University Global Studies Law Review

During the twentieth century, the world witnessed a series of regime changes. Dictatorships, military coups, and fascist governments were rejected in favor of democratic values and principles. This change in governance seems to have continued into the twenty-first century, albeit with some major challenges in the implementation of a democratic system in States. One of the more alarming trends has been exiled leaders returning to their State to contest national elections despite facing serious criminal charges. This causes the developing democratic State’s legitimacy of governance, free and fair elections, accountability, and transparency to be threatened. Fragile States struggling to ...