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- Restitution (11)
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Articles 1 - 30 of 71
Full-Text Articles in Law
Copyright
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons
Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law, Mary-Caitlin Ray
The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law, Mary-Caitlin Ray
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Terror Cats: Tria’S Failure To Encourage A Private Market For Terrorism Insurance And How Federal Securitization Of Terrorism Risk May Be A Viable Alternative, Andrew Gerrish
Washington and Lee Law Review
No abstract provided.
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Consequences Of Criminal Convictions For Misdemeanor Or Felony Offenses, David P. Baugh
The Consequences Of Criminal Convictions For Misdemeanor Or Felony Offenses, David P. Baugh
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy
The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Brave New World Of Stop And Frisk, Ron Bacigal
A Brave New World Of Stop And Frisk, Ron Bacigal
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What’S New Is Old Again: Why Padilla V. Kentucky Applies Retroactively, Michael Hartley
What’S New Is Old Again: Why Padilla V. Kentucky Applies Retroactively, Michael Hartley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Little White Lie: The Dangers Of Allowing Police Officers To Stretch The Truth As A Means To Gain A Suspect’S Consent To Search, William E. Underwood
A Little White Lie: The Dangers Of Allowing Police Officers To Stretch The Truth As A Means To Gain A Suspect’S Consent To Search, William E. Underwood
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
"Patient Capital": Can Delaware Corporate Law Help Revive It?, Jack B. Jacobs
"Patient Capital": Can Delaware Corporate Law Help Revive It?, Jack B. Jacobs
Washington and Lee Law Review
No abstract provided.
Credit Ratings In Insurance Regulation: The Missing Piece Of Financial Reform, John Patrick Hunt
Credit Ratings In Insurance Regulation: The Missing Piece Of Financial Reform, John Patrick Hunt
Washington and Lee Law Review
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 directed federal financial regulators to remove credit ratings from their rules, but had nothing to say about the use of credit ratings by state insurance regulators. This omission is significant because insurers own nearly twice as many foreign, corporate, and municipal bonds as banks do. During the 2000s, state insurance regulators came to rely increasingly on rating agencies rather than the regulators’ in-house valuation office to assess the credit risks of these holdings. After the perceived widespread failure of ratings in the crisis, the insurance regulators did undertake a …
Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi
Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi
Washington and Lee Law Review
On December 15, 2010, President Obama signed the Healthy Hunger- Free Kids Act of 2010 (HHFKA)1 into law. It was hailed as a bipartisan success and a significant reform of childhood nutrition policy. Indeed, on its surface the law appears to make a significant shift away from the food paradigm of the past. However, upon closer examination, it fails to unwind the tangled connections between domestic eating habits and longstanding farm subsidies. This Article breaks new ground in several ways: First, it is one of the first essays in the emerging and underexplored field of food law, a crosssection of …
Efficient Uncertainty In Patent Interpretation, Harry Surden
Efficient Uncertainty In Patent Interpretation, Harry Surden
Washington and Lee Law Review
Research suggests that widespread uncertainty over the scopes of issued patents creates significant costs for third-party firms and may decrease innovation. This Article addresses the scope uncertainty issue from a theoretical perspective by creating a model of patent claim scope uncertainty. It is often difficult for third parties to determine the legal coverage of issued patents. Scope underdetermination exists when the words of a patent claim are capable of a broad range of plausible scopes ex ante in light of the procedures for interpreting patents. Underdetermination creates uncertainty about claim coverage because a lay interpreter cannot know which interpretation will …
Credit Rating Agencies Deserve Credit For The 2007–2008 Financial Crisis: An Analysis Of Cra Liability Following The Enactment Of The Dodd-Frank Act, Steven Harper
Washington and Lee Law Review
No abstract provided.
Csli Disclosure: Why Probable Cause Is Necessary To Protect What’S Left Of The Fourth Amendment, Steven M. Harkins
Csli Disclosure: Why Probable Cause Is Necessary To Protect What’S Left Of The Fourth Amendment, Steven M. Harkins
Washington and Lee Law Review
No abstract provided.
United States V. Textron: The Right Answer To A Billion-Dollar Question, Ned Hillenbrand
United States V. Textron: The Right Answer To A Billion-Dollar Question, Ned Hillenbrand
Washington and Lee Law Review
No abstract provided.
The Constitutionality Of The Epa's Enforcement Of Cercla: Big Business Challenges And A Small Business Problem, Scott Corley
The Constitutionality Of The Epa's Enforcement Of Cercla: Big Business Challenges And A Small Business Problem, Scott Corley
Washington and Lee Journal of Energy, Climate, and the Environment
With the Deepwater Horizon oil drill disaster in 2010 and the disaster at Japan's Fukushima Dai-Ichi nuclear power plant in 2011, more attention has recently been focused on the government's role in responding to and recovering from environmental disasters. In the U.S., the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is one of the statutes that allows the EPA to respond to environmental pollution and the inappropriate disposal of hazardous wastes. Businesses have long claimed that CERCLA goes too far in the power it grants the EPA to order private parties to clean up hazardous waste sites, and this …
Cost-Benefit Analysis: Not A Suitable Approach For Evaluating Climate Regulation Policies, Gregory Scott Crespi
Cost-Benefit Analysis: Not A Suitable Approach For Evaluating Climate Regulation Policies, Gregory Scott Crespi
Washington and Lee Journal of Energy, Climate, and the Environment
Cost-benefit analysis is a widely used approach for guiding public sector policy decisions. Given the impetus provided by strong evidence of global warming, numerous scholars are now considering the role that cost-benefit analysis should play, if any, in assessing climate regulation policies, and are offering recommendations as to how this methodology can be better utilized in that context. However, that scholarship invariably overlooks the fact that conventional cost-benefit analyses implicitly embrace the untenable assumption that the genetic identities of future persons are exogenous with regard to the policies being evaluated. The conclusions of such cost-benefit analyses are therefore irrelevant to …
Examining California‘S Sb 375‘S High Density "Sustainable Communities Strategy" And What It Means For Cities With Their Own Low Density Strategies To Curb The Excesses Of Growth: Separate Paths To A Better World?, Byron K. Toma
Washington and Lee Journal of Energy, Climate, and the Environment
In 2006, the State of California adopted a pioneering effort by a mere state to address global warming. The law was known in California as Assembly Bill 32. It sought to mandate that local governments in California reduce Greenhouse Gas Emissions to 1990 levels by 2020. Beyond 2020, the law required greater further reductions at specified milestones. The methods adopted to achieve these reductions were set forth in California Senate Bill 375 which, among other strategies, required regional governments in California to herd local governments into adopting an anti-sprawl approach to growth. That strategy is called the "Sustainable Communities Strategy." …
Lord Of The Files: International Secondary Liability For Internet Service Providers, Emerald Smith
Lord Of The Files: International Secondary Liability For Internet Service Providers, Emerald Smith
Washington and Lee Law Review
No abstract provided.
When The Bezzle Bursts: Restitutionary Distribution Of Assets After Ponzi Schemes Enter Bankruptcy, Mallory A. Sullivan
When The Bezzle Bursts: Restitutionary Distribution Of Assets After Ponzi Schemes Enter Bankruptcy, Mallory A. Sullivan
Washington and Lee Law Review
No abstract provided.
Moses V. Macferlan 250 Years On, W. M. C. Gummow
Moses V. Macferlan 250 Years On, W. M. C. Gummow
Washington and Lee Law Review
The continued influence of this decision of Lord Mansfield upon the scope of the action for money had and received is apparent in the Restatement (Third) of Restitution & Unjust Enrichment, recently adopted by the American Law Institute. The basic proposition that the action lies where the money was received in such circumstances that retention would offend equity and good conscience informs the Restatement. In particular, over definition and dissection of the defence of "change of position" by reference to "good faith" of the recipient diverts attention from the question whether in the circumstances of the case it would be …
Intent To Charge For Unsolicited Benefits Conferred In An Emergency: A Case Study In The Meaning Of "Unjust" In The Restatement (Third) Of Restitution & Unjust Enrichment, Louis E. Wolcher
Washington and Lee Law Review
This Article is a legal and jurisprudential case study that attempts to shed light on the use of the word "unjust" in the law of restitution as it has been reinterpreted by the new Restatement (Third) of Restitution & Unjust Enrichment. The particular case studied is the legal meaning of the term "intent to charge" in the law’s treatment of claims for unsolicited benefits conferred in emergencies. The author conducts a thought experiment involving the use of a sworn "Declaration of Intent to Charge for Benefits Conferred" to illustrate certain ambiguities and difficulties in the way the new Restatement deals …
Proprietary Remedies In Insolvency: A Comparison Of The Restatement (Third) Of Restitution & Unjust Enrichment With English And Commonwealth Law, Anthony Duggan
Proprietary Remedies In Insolvency: A Comparison Of The Restatement (Third) Of Restitution & Unjust Enrichment With English And Commonwealth Law, Anthony Duggan
Washington and Lee Law Review
This Article deals with proprietary remedies, in particular the constructive trust, and their application in the defendant’s bankruptcy. The Article offers a comparative analysis of English and Commonwealth law with the relevant parts of the recently completed Restatement (Third) of Restitution & Unjust Enrichment. The discussion is organized around five simple hypotheticals, each representing issues which courts in England and other parts of the Commonwealth have found particularly troubling: mistaken payments; misrepresentation in the context of land dealings; misrepresentation in other contexts; breach of fiduciary obligation; and specific performance. The aim is to identify the likely outcome in each case …
Introduction: Mission Accomplished, Brandon Hasbrouck
Introduction: Mission Accomplished, Brandon Hasbrouck
Washington and Lee Law Review
No abstract provided.
Three Restatements Of Restitution, Andrew Kull
Three Restatements Of Restitution, Andrew Kull
Washington and Lee Law Review
No abstract provided.
The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor
The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor
Washington and Lee Law Review
No abstract provided.