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Articles 1 - 24 of 24
Full-Text Articles in Law
Virginia Bar Exam, July 2018, Section 2
Virginia Bar Exam, July 2018, Section 2
Virginia Bar Exam Archive
No abstract provided.
W&L Law Library Annual Report 2017-2018, The Law Library At Washington And Lee University School Of Law
W&L Law Library Annual Report 2017-2018, The Law Library At Washington And Lee University School Of Law
Law Library Annual Reports
No abstract provided.
Washington And Lee Legal Scholarship, 5th Edition, The Law Library At Washington And Lee University School Of Law
Washington And Lee Legal Scholarship, 5th Edition, The Law Library At Washington And Lee University School Of Law
Washington and Lee Legal Scholarship (WaLLS) Newsletter
No abstract provided.
Virginia Bar Exam, February 2018, Section 1
Virginia Bar Exam, February 2018, Section 1
Virginia Bar Exam Archive
No abstract provided.
Virginia Bar Exam, February 2018, Section 2
Virginia Bar Exam, February 2018, Section 2
Virginia Bar Exam Archive
No abstract provided.
Virginia Bar Exam, July 2018, Section 1
Virginia Bar Exam, July 2018, Section 1
Virginia Bar Exam Archive
No abstract provided.
Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner
Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner
Scholarly Articles
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
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
Scholarly Articles
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 …
Fear-Based Provocation, Michal Buchhandler-Raphael
Fear-Based Provocation, Michal Buchhandler-Raphael
Scholarly Articles
This Article offers three major contributions to challenge existing view of provocation: first, it considers psychological research that found that fear, similarly to anger, may also significantly interfere with individuals’ decision making processes by disturbing rational judgment, therefore sometimes leading to lethal aggression. Second, drawing on this research, this Article argues that provocation doctrine should be reconstructed to also include a fear-based prong. Third, recognizing fear-based provocation calls for rejecting the loss of control paradigm that currently dominates judges’ and jurors’ perception of the defense. In its place, this Article advocates focusing on the fearful defendant’s fear of violence threatened …
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
Scholarly Articles
This article argues that nuisance was historically unique in tort law because of its special role in protecting property rights.' In other words, nuisance historically had distinct features addressed to the special situation of land. Most importantly, nuisance protected the right to exclude in a way that no other cause of action did. The Second Restatement's change then diminished our rights to private property to the extent that it has been adopted. The majority of courts retain the more logical and defensible position--that property rights are special and nuisance encompasses something more than the idea of negligence.
Cybersurveillance Intrusions And An Evolving Katz Privacy Test, Margaret Hu
Cybersurveillance Intrusions And An Evolving Katz Privacy Test, Margaret Hu
Scholarly Articles
To contextualize why a new approach to the Fourth Amendment is essential, this Article describes two emerging cybersurveillance tools. The first Cybersurveillance tool, Geofeedia, has been deployed by state and local law enforcement. Geofeedia uses a process known as "geofencing" to draw a virtual barrier around a particular geographic region, and then identifies and tracks public social media posts within that region for predictive policing purposes. The second tool, Future Attribute Screening Technology (FAST), is under development by the United States Department of Homeland Security (DHS). FAST is another predictive policing tool that analyzes physiological and behavioral signals with the …
The Legal Fate Of Internet Ad-Blocking, Russell A. Miller
The Legal Fate Of Internet Ad-Blocking, Russell A. Miller
Scholarly Articles
Ad-blocking services allow individual users to avoid the obtrusive advertising that both clutters and finances most Internet publishing. Ad-blocking's immense - and growing - popularity suggests the depth of Internet users' frustration with Internet advertising. But its potential to disrupt publishers' traditional Internet revenue model makes ad-blocking one of the most significant recent Internet phenomena. Unsurprisingly, publishers are not inclined to accept ad-blocking without a legal fight. While publishers are threatening suits in the United States, the issues presented by ad-blocking have been extensively litigated in German courts where ad-blocking consistently has triumphed over claims that it represents a form …
The Kapo On Film: Tragic Perpetrators And Imperfect Victims, Mark A. Drumbl
The Kapo On Film: Tragic Perpetrators And Imperfect Victims, Mark A. Drumbl
Scholarly Articles
The Nazis coerced and enlisted detainees into the administration of the labour and death camps. These detainees were called Kapos. The Kapos constitute a particularly contested, and at times tabooified, element of Holocaust remembrance. Some Kapos deployed their situational authority to ease the conditions of other prisoners, while others acted cruelly and committed abuse. This project explores treatment of the Kapo on film. This paper considers two films: Kapò (1959, directed by Pontecorvo, Italy) and Kapo (2000, directed by Setton, Israel). These two films vary in genre: Kapò (1959) is a feature fiction movie, whereas Kapo (2000) is a documentary. …
Structuring Relief For Sex Offenders From Registration And Notification Requirements: Learning From Foreign Jurisdictions And From The Model Penal Code: Sentencing, Nora V. Demleitner
Structuring Relief For Sex Offenders From Registration And Notification Requirements: Learning From Foreign Jurisdictions And From The Model Penal Code: Sentencing, Nora V. Demleitner
Scholarly Articles
This paper first discusses the scope of sex offender registration and notification under federal and state laws, and contrasts U.S. laws with those in other countries. Part III turns to the prevailing rationales for these laws and tests their empirical validity. It highlights the negative effect of registries and notification on criminal investigations, and the cost they impose on public coffers, public safety, and those labeled sex offenders. Part IV discusses a set of proposals to turn registries, which may serve a limited legitimate function, into more effective law enforcement tools while restricting public notification. This section outlines ex ante …
Epilogue: Homecoming Kings, Queens, Jesters, And Nobodies, Mark A. Drumbl
Epilogue: Homecoming Kings, Queens, Jesters, And Nobodies, Mark A. Drumbl
Scholarly Articles
This epilogue unpacks the return of convicted war criminals as homecomings, with all the attendant rites, rituals, and expectations. Knotting together the various papers in this edited collection, this paper examines how the international community constructs an ideal homecoming and, in turn, how such a construction may simply be fanciful.
The Corporate Personhood Two-Step, Carliss N. Chatman
The Corporate Personhood Two-Step, Carliss N. Chatman
Scholarly Articles
The corporation cannot exist without its founders complying explicitly with the requirements for incorporation provided by state statutes. The artificial entity theory acknowledges that the corporation cannot and will not exist until its founders comply explicitly with the requirements for corporate formation and in-corporation imposed by the state. A corporation is also, by design, a new and distinct entity divorced from its people. The real entity theory acknowledges that once a corporation is formed, it has rights that belong only to the corporation it-self, wholly separate from its founders. By merging the artificial entity and real entity theories, the Court …
Book Review, Anton Weiss-Wendt, The Soviet Union And The Gutting Of The Un Genocide Convention (2017), Mark A. Drumbl
Book Review, Anton Weiss-Wendt, The Soviet Union And The Gutting Of The Un Genocide Convention (2017), Mark A. Drumbl
Scholarly Articles
Weiss-Wendt’s book unpacks what happened to “genocide” as it journeyed along this path of codification. To be clear, codification was conditioned by compromise among states; and states were often motivated by Cold War selfishness, spite, manipulation, and machination. The Convention narrowed—and even mangled—the set of protected groups to national, ethnic, racial, and religious. The Convention, moreover, limited the recognized forms that genocide could take. The title of Weiss-Wendt’s book reflects its argument that the expansiveness of genocide as an idea was “gutted” in the process of codifying it in an international treaty.
Book Review, Jamie Rowen, Searching For Truth In The Transitional Justice Movement (2017) & Leonie Steinl, Child Soldiers As Agents Of War And Peace: A Restorative Transitional Justice Approach To Accountability For Crimes Under International Law (2017), Mark A. Drumbl
Scholarly Articles
Why do truth commissions emerge following some conflicts but not others? Jamie Rowen tackles this question in Searching for Truth in the Transitional Justice Movement. Rowen approaches this topic through a detailed study of three jurisdictions: the former Yugoslavia, Colombia, and the United States. Although truth commissions did progress in Colombia, they stalled in both the former Yugoslavia in the wake of the Balkan Wars as well as in the United States in regard to the conduct of US officials after the events on 11 September 2001. Rowen unpacks what happened and what failed to happen — and why …
Clerking For God’S Grandfather: Chauncey Belknap’S Year With Justice Oliver Wendell Holmes, Jr., Todd C. Peppers, Ira Brad Matetsky, Elizabeth R. Williams, Jessica Winn
Clerking For God’S Grandfather: Chauncey Belknap’S Year With Justice Oliver Wendell Holmes, Jr., Todd C. Peppers, Ira Brad Matetsky, Elizabeth R. Williams, Jessica Winn
Scholarly Articles
Most of what we know about law clerks comes from the clerks themselves, usually in the form of law review articles memorializing their Justices and their clerkships or in interviews with reporters and legal scholars. In a few instances, however, law clerks have contemporaneously memorialized their experiences in diaries. These materials provide a rare window into the insular world of the Court. While the recollections contained in the diaries are often infused with youthful hero worship for their employer—in contradistinction to Justice Oliver Wendell Holmes, Jr.’s claim that no man is a hero to his valet— they offer a real-time, …
Corwin V. Kkr Financial Holdings Llc—An After-Action Report, Joseph R. Slights Iii, Matthew Diller
Corwin V. Kkr Financial Holdings Llc—An After-Action Report, Joseph R. Slights Iii, Matthew Diller
Scholarly Articles
Vice Chancellor Slights presented this speech as the Eighteenth Annual Albert A. Destefano Lecture On Corporate, Securities, and Financial Law at the Fordham Corporate Law Center on April 9, 2018. Includes an introduction by Matthew Diller, Dean of the Fordham University School of Law.
Bulk Biometric Metadata Collection, Margaret Hu
Bulk Biometric Metadata Collection, Margaret Hu
Scholarly Articles
Smart police body cameras and smart glasses worn by law enforcement increasingly reflect state-of-the-art surveillance technology, such as the integration of live-streaming video with facial recognition and artificial intelligence tools, including automated analytics. This Article explores how these emerging cybersurveillance technologies risk the potential for bulk biometric metadata collection. Such collection is likely to fall outside the scope of the types of bulk metadata collection protections regulated by the USA FREEDOM Act of 2015. The USA FREEDOM Act was intended to bring the practice of bulk telephony metadata collection conducted by the National Security Agency (“NSA”) under tighter regulation. In …
Micro Essay, Alex Zhang
Micro Essay, Alex Zhang
Scholarly Articles
Ideally, you would want a database that contains everything possible. But life is not perfect, especially when you are already stranded on a deserted island. I would take a magic citator service, which provides the subseque nt history of every single primary source of law: not just cases, statutes, or regulations, but all agency decisions, trial court orders, municipal codes, and ethics opinions, etc. The one that is not only a citation index of legal resources but a “citation index” w/2 (legal-rule! or legal-standard!). May my wish come true (citator % “deserted island!”).
Ask A Director: Reporting Accomplishments, Caroline L. Osborne
Ask A Director: Reporting Accomplishments, Caroline L. Osborne
Scholarly Articles
None available.
Securing Professional Development: Getting To Yes, Caroline L. Osborne, Carol A. Watson, Amy J. Eaton
Securing Professional Development: Getting To Yes, Caroline L. Osborne, Carol A. Watson, Amy J. Eaton
Scholarly Articles
None available.