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Washington and Lee University School of Law

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Articles 1 - 30 of 5422

Full-Text Articles in Law

Editor's Note, Erica Seig Sep 2018

Editor's Note, Erica Seig

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Out Of The “Serbonian Bog”1 Surrounding Government Acquisition Of Third-Party Cell Site Location Information: “Get A Warrant” †, Glenn Williams Sep 2018

Out Of The “Serbonian Bog”1 Surrounding Government Acquisition Of Third-Party Cell Site Location Information: “Get A Warrant” †, Glenn Williams

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Land Of The Free?: The Allow Act And Economic Liberty From Occupational Licensing, Erica Sieg Sep 2018

The Land Of The Free?: The Allow Act And Economic Liberty From Occupational Licensing, Erica Sieg

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller Jul 2018

Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller

Washington and Lee Law Review Online

William Araiza’s insightful article, Arming the Second Amendment, has one essential, hidden component: dignity. Dignity helps explain the peculiar hydraulics of Congress’s power to enforce section five of the Fourteenth Amendment—a jurisprudence in which the less scrutiny the Court itself applies to a given class or right, the more scrutiny it applies to congressional efforts to protect that same class or right. Dignity helps explain the Court’s halting approach to Reconstruction Amendment enforcement power more generally – an approach in which constitutional versus unconstitutional legislation turns on seemingly insignificant regulatory distinctions. And dignity’s role in § 5 ...


Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation, Eve Hanan Jun 2018

Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation, Eve Hanan

Washington and Lee Law Review Online

Stories abound of public defenders who, overwhelmed with high caseloads, allow defendants to languish in pre-trial detention and guilty pleas to be entered without examining the merits of the case. Most defendants cannot afford to hire an attorney, and, thus, have no choice other than to accept the public counsel appointed by the court. In this Essay, I consider whether Professor Benjamin Edwards’ central argument in The Professional Prospectus: A Call for Effective Professional Disclosure that attorneys should provide potential clients with a prospectus disclosing their performance historyapplies to criminal defense. I reject the proposition that most people charged ...


Annual Report 2017-2018, Caroline L. Osborne Jun 2018

Annual Report 2017-2018, Caroline L. Osborne

Law Library Annual Reports

No abstract provided.


President Donald Trump And Federal Bench Diversity, Carl Tobias May 2018

President Donald Trump And Federal Bench Diversity, Carl Tobias

Washington and Lee Law Review Online

No abstract provided.


The Once And (Maybe) Future Klein Principle, William D. Araiza May 2018

The Once And (Maybe) Future Klein Principle, William D. Araiza

Washington and Lee Law Review Online

This Response considers Evan Zoldan’s argument, set forth in his recently-published Article, that one can find a coherent principle underlying the vexing case of United States v. Klein in the idea that government is prohibited from what Zoldan calls “self-dealing.” The promise is a seductive one: Klein, and in particular its language prohibiting Congress from dictating “rules of decision” to courts, has puzzled scholars for generations. As Zoldan explains, other understandings of Klein all encounter significant obstacles in the form of precedent that rebut other explanations of what that case really means.

Unfortunately, Zoldan’s valiant and careful effort ...


Smoke ‘Em If You Got ‘Em?— Reconsidering The Activist State Attorney General In Light Of Climate Change, Tobacco Tactics, & Exxonmobil, Christopher C. Brewer Apr 2018

Smoke ‘Em If You Got ‘Em?— Reconsidering The Activist State Attorney General In Light Of Climate Change, Tobacco Tactics, & Exxonmobil, Christopher C. Brewer

Washington and Lee Law Review Online

No abstract provided.


Clipping The Wings Of Industry: Uncertainty In Interpretation And Enforcement Of The Migratory Bird Treaty Act, Martha G. VáZquez Apr 2018

Clipping The Wings Of Industry: Uncertainty In Interpretation And Enforcement Of The Migratory Bird Treaty Act, Martha G. VáZquez

Washington and Lee Law Review Online

No abstract provided.


Washington And Lee Legal Scholarship, 5th Edition, The Law Library At Washington And Lee University School Of Law Apr 2018

Washington And Lee Legal Scholarship, 5th Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship

No abstract provided.


I Pledge Allegiance To The Party: Reclaiming The Associational Rights Of Independent Voters In Open Primaries, C. Alan Carrillo Apr 2018

I Pledge Allegiance To The Party: Reclaiming The Associational Rights Of Independent Voters In Open Primaries, C. Alan Carrillo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Contraception Matters: Rights, Class, And Context, Naomi Cahn Apr 2018

Contraception Matters: Rights, Class, And Context, Naomi Cahn

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Savior Siblings In The United States: Ethical Conundrums, Legal And Regulatory Void, Zachary E. Shapiro Apr 2018

Savior Siblings In The United States: Ethical Conundrums, Legal And Regulatory Void, Zachary E. Shapiro

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Forward, Joan M. Shaughnessy Apr 2018

Forward, Joan M. Shaughnessy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


What Is Life? Geriatric Release And The Conflicting Definitions Of “Meaningful Opportunity For Release”, Anthony Gunst Apr 2018

What Is Life? Geriatric Release And The Conflicting Definitions Of “Meaningful Opportunity For Release”, Anthony Gunst

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Battle Of The Backlog: How Congressional Inaction Threatens The Integrity Of Medicare, Joshua M. Kaplan Apr 2018

Battle Of The Backlog: How Congressional Inaction Threatens The Integrity Of Medicare, Joshua M. Kaplan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth Apr 2018

The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Information And The Regulatory Landscape: A Growing Need To Reconsider Existing Legal Frameworks, Anjanette H. Raymond Apr 2018

Information And The Regulatory Landscape: A Growing Need To Reconsider Existing Legal Frameworks, Anjanette H. Raymond

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Masthead Apr 2018

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note, Erica Sieg Apr 2018

Editor's Note, Erica Sieg

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Apr 2018

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Reaching A Sense Of Justice: Understanding How The Facilitation Theory Of Prosecution Under Federal Criminal Law Can Be Used To Hold Hard Targets Accountable For Financial Crimes And Corporate Corruption, Thomas M. Dibiagio Mar 2018

Reaching A Sense Of Justice: Understanding How The Facilitation Theory Of Prosecution Under Federal Criminal Law Can Be Used To Hold Hard Targets Accountable For Financial Crimes And Corporate Corruption, Thomas M. Dibiagio

Washington and Lee Law Review Online

A fundamental principle of criminal law is that to hold a defendant accountable, the prosecution must prove that he culpably participated in the criminal activity. To prove culpable participation, the government can prove a defendant’s direct knowledge of and active participation in the criminal conduct. However, because of the nature of financial crimes and corporate misconduct, culpable targets often are able to insulate themselves from the underlying criminal conduct and thereby, frustrate the prosecution’s ability to meet this evidentiary standard. The resulting impunity undermines the public’s trust and confidence in the fundamental fairness of the enforcement of ...


An Essay Concerning Some Problems With The Constitutional-Doubt Canon, Benjamin M. Flowers Feb 2018

An Essay Concerning Some Problems With The Constitutional-Doubt Canon, Benjamin M. Flowers

Washington and Lee Law Review Online

The constitutional-doubt canon instructs that statutes should be interpreted in a way that avoids placing their constitutionality in doubt. This canon is often said to rest on the presumption that Congress does not intend to exceed its constitutional authority. That presumption, however, is inconsistent with the notion that government actors tend to exceed their lawful authority—a notion that motivates our constitutional structure, and in particular the series of checks and balances that the Constitution creates. This tension between the constitutional- doubt canon and the Constitution’s structure would be acceptable if the canon accurately reflected the manner in which ...


Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner Feb 2018

Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner

Faculty Scholarship

None available.


The Risk Of Regulatory Arbitrage: A Response To Securities Regulation In Virtual Space, Wendy Gerwick Couture Jan 2018

The Risk Of Regulatory Arbitrage: A Response To Securities Regulation In Virtual Space, Wendy Gerwick Couture

Washington and Lee Law Review Online

In Securities Regulation in Virtual Space, Eric. C. Chaffee explores the potential applicability of the securities laws to virtual transactions based on virtual activity and argues that, although many of these transactions likely qualify as “investment contracts” under S.E.C. v. W.J. Howey Co., they should be excluded under the context clause because, among other reasons, application of the securities laws would stifle creativity within this innovative space. This Response proposes a reframing of the Howey test as a response to the risk of regulatory arbitrage, argues that the context clause should only exclude transactions that do not ...


Ask A Director: Reporting Accomplishments, Caroline L. Osborne Jan 2018

Ask A Director: Reporting Accomplishments, Caroline L. Osborne

Faculty Scholarship

None available.


Securing Professional Development: Getting To Yes, Caroline L. Osborne, Carol A. Watson, Amy J. Eaton Jan 2018

Securing Professional Development: Getting To Yes, Caroline L. Osborne, Carol A. Watson, Amy J. Eaton

Faculty Scholarship

None available.


The Dtsa At One: An Empirical Study Of The First Year Of Litigation Under The Defend Trade Secrets Act, David S. Levine, Christopher B. Seaman Jan 2018

The Dtsa At One: An Empirical Study Of The First Year Of Litigation Under The Defend Trade Secrets Act, David S. Levine, Christopher B. Seaman

Faculty Scholarship

This article represents the first comprehensive empirical study of the Defend Trade Secrets Act (“DTSA”), the law enacted by Congress in 2016 that created a federal civil cause of action for trade secret misappropriation. The DTSA represents the most significant expansion of federal involvement in intellectual property law in at least 30 years. In this study, we examine publicly-available docket information and pleadings to assess how private litigants have been utilizing the DTSA. Based upon an original dataset of nearly 500 newly-filed DTSA cases in federal court, we analyze whether the law is beginning to meet its sponsors’ stated goals ...


Table Of Contents Jan 2018

Table Of Contents

Washington and Lee Law Review

No abstract provided.