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Washington University Law Review

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Full-Text Articles in Law

Table Of Contents Jan 2018

Table Of Contents

Washington University Law Review

No abstract provided.


Mailing Statement Jan 2018

Mailing Statement

Washington University Law Review

No abstract provided.


Faculty List Jan 2018

Faculty List

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 ...


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 ...


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 ...


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 ...


Balancing The Conspiracy’S Books: Inter-Competitor Sales And Price-Fixing Cartels, Christopher R. Leslie Jan 2018

Balancing The Conspiracy’S Books: Inter-Competitor Sales And Price-Fixing Cartels, Christopher R. Leslie

Washington University Law Review

Price fixing is antithetical to a free-market economy. Competitive markets supply goods and services to consumers at the lowest efficient prices. Unfortunately, many businesses would prefer not to compete because they can increase their profits by conspiring to raise price. By refraining from competition, each firm in a price-fixing cartel can maximize its profits at the expense of its customers. Price-fixing conspiracies injure consumers by reducing output below the efficient level and transferring wealth from consumers to conspirators. Fortunately, cartels are often unstable because each member of the conspiracy can maximize its short-term profits by cheating on the cartel agreement ...


Law And The Epistemology Of Disagreements, Alex Stein Jan 2018

Law And The Epistemology Of Disagreements, Alex Stein

Washington University Law Review

This Article identifies a discrepancy between law and epistemology and proposes a way to fix it. Our legal system relies on decisions of multimember tribunals, which include juries, state and federal appellate courts, and supreme courts. Members of those tribunals often disagree with each other on matters of fact. The system settles such disagreement by applying head-counting rules: the unanimity or supermajority requirement for jury verdicts and the majority rule for judges’ decisions. Under these rules, jurors can return an agreed-upon verdict even when their reasons for supporting the verdict are inconsistent with one another. Similarly, judges are authorized to ...


Evolved Standards, Evolving Justices? The Case For A Broader Application Of The Eighth Amendment, William W. Berry Iii Jan 2018

Evolved Standards, Evolving Justices? The Case For A Broader Application Of The Eighth Amendment, William W. Berry Iii

Washington University Law Review

In its Eighth Amendment cases, the Supreme Court has often cited counter-majoritarian considerations as the basis for exercising judicial restraint. As a result, excessive and draconian punishments persist in the United States, with the Court being hesitant to use the Constitution to bar state punishment practices.

The Court’s evolving standards of decency doctrine, however, is majoritarian. As this Article argues, the doctrinal framework of the Court alleviates the counter-majoritarian difficulty, as the Court’s applications of the Eighth Amendment mirror majoritarian practices and only strike down outlier punishments.

Given the lack of justification for judicial restraint under the Eighth ...


Mahr Provisions And The Case For Shari’A Arbitration, Cora Allen Jan 2018

Mahr Provisions And The Case For Shari’A Arbitration, Cora Allen

Washington University Law Review

The global Muslim population is currently estimated at 1.8 billion people, comprising twenty-four percent of the total global population. The United States alone is home to 3.45 million Muslim individuals. Further, both global and national Muslim populations are predicted to grow rapidly over the next half-century. The Pew Research Foundation predicts that between 2015 and 2060, the global Muslim population will grow over twice as fast as the overall world population and that by 2050, the Muslim population in America will reach 8.1 million. These changes would make Muslims the second-largest religious group in the United States ...


No Pay For Sexist Performance: How Gender Disparities In Healthcare Hurt Hospitals’ Pay For Performance Reimbursements, Emily C. Bartlett Jan 2018

No Pay For Sexist Performance: How Gender Disparities In Healthcare Hurt Hospitals’ Pay For Performance Reimbursements, Emily C. Bartlett

Washington University Law Review

Gender disparities and discrimination in healthcare treatment are vast. Women in pain are deemed hysterical, heart attacks in women are caught less frequently than in men due to symptom presentation differences, and women are screened less often than men for some cancers. Meanwhile, in order to be fully reimbursed for healthcare services, legislative reforms increasingly evaluate hospitals and physicians based on their performance as it relates to quality measurements, otherwise known as pay for performance. This particular method of reimbursement expanded after the Patient Protection and Affordable Care Act (ACA) enacted pay for performance standards, particularly for hospitals and physicians ...


Table Of Contents Jan 2018

Table Of Contents

Washington University Law Review

No abstract provided.


Mailing Statement Jan 2018

Mailing Statement

Washington University Law Review

No abstract provided.


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.


Patents And The First Amendment, Dan L. Burk Jan 2018

Patents And The First Amendment, Dan L. Burk

Washington University Law Review

Patents are intended as a means of promoting innovation through private pecuniary incentives. But the patent system has for some time been on a collision course with guarantees of expressive freedom. Surprisingly, no one has ever subjected patent doctrine to a close First Amendment analysis. In this paper I show, first, that patents clearly affect expressive freedom; second, that patents are subject to legal scrutiny for their effect on expressive rights; and third, that patents are not excused from scrutiny by virtue of constituting property rights or by virtue of private discretion. After examining the patent system in terms of ...


Noncompetes As Tax Evasion, Rebecca N. Morrow Jan 2018

Noncompetes As Tax Evasion, Rebecca N. Morrow

Washington University Law Review

Al Capone famously boasted of his criminal empire: “Some call it bootlegging. Some call it racketeering. I call it a business.” Treasury Agent Frank Wilson and Prosecutor George Johnson put Capone behind bars not by disputing his characterization and pursuing murder or assault or RICO charges, but by accepting it and enforcing its tax implications. Irrespective of their legality, Capone’s businesses were profitable, and Capone had not reported their profits for tax purposes. A simple application of bedrock tax law achieved what other legal routes failed to achieve and sent Capone to Alcatraz. The trick was to see the ...


When Shadow Removals Collide: Searching For Solutions To The Legal Black Holes Created By Expedited Removal And Reinstatement, Jennifer Lee Koh Jan 2018

When Shadow Removals Collide: Searching For Solutions To The Legal Black Holes Created By Expedited Removal And Reinstatement, Jennifer Lee Koh

Washington University Law Review

Immigration scholarship has begun to explore the prominence of shadow removals—deportations that are executed by front-line agency officials acting outside the presence of an immigration judge—which now constitute the majority of all reported removals. This Article explores two of the most common forms of shadow removals, expedited removal and reinstatement of removal, and the collision of the two. Expedited removal has typically been perceived as a border enforcement tool, used against persons with limited ties to the United States. Reinstatement of removal exists for persons who enter the U.S. without authorization following a prior removal. The rising ...


Filling The Jurisprudential Gap: “Regular And Established Place Of Business” After In Re Cray, Inc., David A. Serati Jan 2018

Filling The Jurisprudential Gap: “Regular And Established Place Of Business” After In Re Cray, Inc., David A. Serati

Washington University Law Review

Since the nineteenth century, specific venue rules for patent infringement suits have existed in federal law. The current version of the “Patent Venue Statute” is codified in 28 U.S.C. § 1400(b), which provides that “[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.” Over time, the reach of this statute has changed in relation to where a corporation “resides” in the specific context of the statute. These changes have come when ...


Protecting The Democratic Role Of The Press: A Legal Solution To Fake News, Andrea Butler Jan 2018

Protecting The Democratic Role Of The Press: A Legal Solution To Fake News, Andrea Butler

Washington University Law Review

It is difficult to discuss the 2016 presidential election without including the impact of fake news in the conversation, and most commentators deplore the effect of fake news’ proliferation across the internet on American politics and the public. These conversations have centered on the impact fake news had on the presidential election, as well as concerns that the general public is unable to identify fake news. There have even been more immediately dangerous consequences stemming from fake news, such as a gunman showing up to a D.C. pizzeria to liberate children he believed Hillary Clinton was holding hostage there ...


Table Of Contents Jan 2018

Table Of Contents

Washington University Law Review

No abstract provided.


Mailing Statement Jan 2018

Mailing Statement

Washington University Law Review

No abstract provided.


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.


Editorial Board Jan 2018

Editorial Board

Washington University Law Review

No abstract provided.


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 ...


The Future Of Gmo Labeling: How A New Federal Labeling Scheme Will Alter Public Disclosure, Maria Degiovanni Jan 2017

The Future Of Gmo Labeling: How A New Federal Labeling Scheme Will Alter Public Disclosure, Maria Degiovanni

Washington University Law Review

Genetic modification is a process used for a myriad of purposes, including the cultivation of plant species that ultimately find their way into countless food products across the world.1 As the usage of genetically modified organisms (GMOs) has grown, so has the public debate surrounding their presence in food, and, more specifically, their undisclosed presence in food. Until recently, the United States maintained next to no regulation on the labeling of GMO products.2 After many state legislatures began proposing and passing GMO-labeling laws, Congress passed one of its own.3 This Note will discuss the implications of the ...


Editorial Board Jan 2017

Editorial Board

Washington University Law Review

No abstract provided.


Mailing Statement Jan 2017

Mailing Statement

Washington University Law Review

No abstract provided.