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Washington and Lee Law Review

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Full-Text Articles in Law

Table Of Contents Jan 2018

Table Of Contents

Washington and Lee Law Review

No abstract provided.


Quacks Or Bootleggers: Who’S Really Regulating Hedge Funds?, Jeremy Kidd Jan 2018

Quacks Or Bootleggers: Who’S Really Regulating Hedge Funds?, Jeremy Kidd

Washington and Lee Law Review

Influential scholars of corporate law have questioned previous federal interventions into corporate governance, calling it quackery. Invoking images of medical malpractice, these critiques have argued persuasively that Congress, in responding to crises, makes policy that disrupts efficient private rules and established state laws. This Article applies the Bootleggers and Baptists theory to show that Dodd–Frank’s hedge fund rules are more than just negligent or reckless, but designed to benefit special interests that compete with the hedge fund model. Those rules offer no solutions to any real or perceived risks arising from hedge fund investing, but might offer an ...


Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Shaun M. Bennett Jan 2018

Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Shaun M. Bennett

Washington and Lee Law Review

No abstract provided.


Canons Of Construction For Dysfunctional Statutes: A Comment On Bennett, Paul G. Mahoney Jan 2018

Canons Of Construction For Dysfunctional Statutes: A Comment On Bennett, Paul G. Mahoney

Washington and Lee Law Review

No abstract provided.


The Off-Label Use Of Pom Wonderful: Using Section 43(A) To Eliminate Misleading Off-Label Drug Promotion, Christopher A. Hurley Jan 2018

The Off-Label Use Of Pom Wonderful: Using Section 43(A) To Eliminate Misleading Off-Label Drug Promotion, Christopher A. Hurley

Washington and Lee Law Review

No abstract provided.


Comment On Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Sarah C. Haan Jan 2018

Comment On Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Sarah C. Haan

Washington and Lee Law Review

No abstract provided.


Reconciling The Lanham Act And The Fdca: A Comment On Chris Hurley’S Note, Christopher B. Seaman Jan 2018

Reconciling The Lanham Act And The Fdca: A Comment On Chris Hurley’S Note, Christopher B. Seaman

Washington and Lee Law Review

No abstract provided.


The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson Jan 2018

The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson

Washington and Lee Law Review

No abstract provided.


Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs Jan 2018

Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs

Washington and Lee Law Review

Mass atrocity prosecutions are credited with advancing a host of praiseworthy objectives. They are believed to impose much-needed retribution, deter future atrocities, and affirm the rule of law in previously lawless societies. However, mass atrocity prosecutions will accomplish none of these laudable ends unless they are able to find accurate facts. Convicting the appropriate individuals of the appropriate crimes is a necessary and foundational condition for the success of mass atrocity prosecutions. But it is a condition that is frequently difficult to meet, as mass atrocity prosecutions are often bedeviled by pervasive and invidious obstacles to accurate fact-finding. This Article ...


Reckoning Contract Damages: Valuation Of The Contract As An Asset, Victor P. Goldberg Jan 2018

Reckoning Contract Damages: Valuation Of The Contract As An Asset, Victor P. Goldberg

Washington and Lee Law Review

No abstract provided.


Ending Litigation And Financial Windfalls On Time-Barred Debts, Marc C. Mcallister Jan 2018

Ending Litigation And Financial Windfalls On Time-Barred Debts, Marc C. Mcallister

Washington and Lee Law Review

A trap for unsophisticated debtors, debt collectors often attempt to collect time-barred debts through written offers to settle those debts for a fraction of what is owed. Debtors typically respond to such offers in one of four ways. First, some debtors simply pay the offered settlement amount, usually 10%–40% of the total outstanding debt, thereby satisfying the debt in full. Second, those who wish to eliminate the debt but cannot pay the entire offered settlement amount will instead make a small payment, unwittingly reviving the statute of limitations on collections and making the entire debt judicially enforceable for several ...


The Formulary Fix Buries Fritz & Harvey: Drug Promotion Escapes Its Past Constraints, James T. O'Reilly Jan 2018

The Formulary Fix Buries Fritz & Harvey: Drug Promotion Escapes Its Past Constraints, James T. O'Reilly

Washington and Lee Law Review

No abstract provided.


Warfare As Regulation, Robert Knowles Sep 2017

Warfare As Regulation, Robert Knowles

Washington and Lee Law Review

The United States government’s national security activities, including the use of force, consume more than half of all federal discretionary spending and are carried out by the world’s largest bureaucracy. Yet existing scholarship treats these activities as conduct to be regulated, rather than as forms of regulatory action.

This Article introduces a new paradigm for depicting what agencies involved in national security do. It posits that, like other agencies, the national security bureaucracy is best understood to be engaging in regulatory activity—by targeting, detaining, interrogating, and prosecuting enemies; patrolling the border; and conducting surveillance and covert actions ...


The Klein Rule Of Decision Puzzle And The Self-Dealing Solution, Evan C. Zoldan Sep 2017

The Klein Rule Of Decision Puzzle And The Self-Dealing Solution, Evan C. Zoldan

Washington and Lee Law Review

Scholars and courts have struggled to make sense of the Supreme Court’s decision in United States v. Klein, an intriguing but enigmatic opinion concerning the limits of Congress’s ability to interfere with cases pending before the federal courts. Klein is intriguing because its broad and emphatic language suggests significant limits on the power of Congress. Klein is enigmatic because the Court has never again struck down a statute because of Klein or even made clear what principle animates its result. In fact, despite reaffirming the existence of a principle based on Klein, the Court has repeatedly read it ...


The Debt-Equity Labyrinth: A Case For The New Section 385 Regulations, Alexander Lewitt Sep 2017

The Debt-Equity Labyrinth: A Case For The New Section 385 Regulations, Alexander Lewitt

Washington and Lee Law Review

No abstract provided.


Masthead And Front Matter Sep 2017

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.


Table Of Contents Sep 2017

Table Of Contents

Washington and Lee Law Review

No abstract provided.


Arming The Second Amendment—And Enforcing The Fourteenth, William D. Araiza Sep 2017

Arming The Second Amendment—And Enforcing The Fourteenth, William D. Araiza

Washington and Lee Law Review

This Article considers the timely and important question of Congress’s power to enforce the Second Amendment. Such legislation would test the Court’s current enforcement power doctrine, which ostensibly acknowledges a congressional role in vindicating constitutional rights while insisting on judicial supremacy in stating constitutional meaning. Second Amendment doctrine is complex and, importantly, methodologically varied. That complexity and variety would require the Court to perform a more nuanced, granular approach to the enforcement power than it has thus far in the modern era.

Part II quickly recaps the Court’s Enforcement Clause jurisprudence. It concludes that its most recent ...


Exploiting Regulatory Inconsistencies, Emily Cauble Sep 2017

Exploiting Regulatory Inconsistencies, Emily Cauble

Washington and Lee Law Review

In many instances, sophisticated parties exploit inconsistencies between regulatory regimes to achieve beneficial treatment under each regime by obtaining classification under one regime that is, at least superficially, inconsistent with classification under the other regime. For instance, parties might design an instrument that is treated as “debt” for tax purposes, but “equity” for purposes of capital requirements instituted by financial regulators.

This Article asks whether exploiting regulatory inconsistencies is problematic. This Article concludes that inconsistency, in and of itself, is not necessarily a problem. Different regulatory regimes might classify a transaction differently when doing so best serves the unique goals ...


A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu Sep 2017

A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu

Washington and Lee Law Review

No abstract provided.


What Do I Have To Do To Get Paid Around Here?: Rule 26(B)(4)(E)(I) And The Qualms Regarding Expert Deposition Preparation Time, Brett Lawrence Sep 2017

What Do I Have To Do To Get Paid Around Here?: Rule 26(B)(4)(E)(I) And The Qualms Regarding Expert Deposition Preparation Time, Brett Lawrence

Washington and Lee Law Review

No abstract provided.


Locked Up: Demore, Mandatory Detention, And The Fifth Amendment, Alix Sirota Sep 2017

Locked Up: Demore, Mandatory Detention, And The Fifth Amendment, Alix Sirota

Washington and Lee Law Review

No abstract provided.


Notice And Takedown In The Domain Name System: Icann’S Ambivalent Drift Into Online Content Regulation, Annemarie Bridy Jun 2017

Notice And Takedown In The Domain Name System: Icann’S Ambivalent Drift Into Online Content Regulation, Annemarie Bridy

Washington and Lee Law Review

No abstract provided.


Securities Regulation In Virtual Space, Eric C. Chaffee Jun 2017

Securities Regulation In Virtual Space, Eric C. Chaffee

Washington and Lee Law Review

No abstract provided.


On Health, Law, And Religion, Stacey A. Tovino Jun 2017

On Health, Law, And Religion, Stacey A. Tovino

Washington and Lee Law Review

The Supreme Court recently decided a number of cases involving health, law, and religion, including Whole Woman’s Health v. Hellerstedt, Zubik v. Burwell, and Burwell v. Hobby Lobby Stores, Inc. These cases were important for understanding constitutional undue burden limitations and the boundaries of religious exercise during the Obama Administration. Unfortunately, the Supreme Court’s recent opinions addressing health, law, and religion have little value for many health law professors and most practicing health care attorneys. These individuals, tasked with teaching and applying the thousands of federal and state statutes, regulations, and government guidance documents that address a wide ...


If It Quacks Like A Duck: The Financial Industry Regulatory Authority And Federal Jurisdiction, Lesesne Phillips Jun 2017

If It Quacks Like A Duck: The Financial Industry Regulatory Authority And Federal Jurisdiction, Lesesne Phillips

Washington and Lee Law Review

No abstract provided.


In Their Defense: Conflict Between The Criminal Defendant’S Right To Counsel Of Choice And The Right To Appointed Counsel, Kit Thomas Jun 2017

In Their Defense: Conflict Between The Criminal Defendant’S Right To Counsel Of Choice And The Right To Appointed Counsel, Kit Thomas

Washington and Lee Law Review

No abstract provided.


Masthead And Front Matter Jun 2017

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.


The Professional Prospectus: A Call For Effective Professional Disclosure, Benjamin P. Edwards Jun 2017

The Professional Prospectus: A Call For Effective Professional Disclosure, Benjamin P. Edwards

Washington and Lee Law Review

No abstract provided.


Table Of Contents Jun 2017

Table Of Contents

Washington and Lee Law Review

No abstract provided.