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Washington and Lee Law Review

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Full-Text Articles in Law

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 ...


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.


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 ...


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.


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.


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.


Masthead And Front Matter Sep 2017

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.


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 ...


Table Of Contents Sep 2017

Table Of Contents

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 ...


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.


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.


Protecting Big Data In The Big Leagues: Trade Secrets In Professional Sports, Lara Grow, Nathaniel Grow Jun 2017

Protecting Big Data In The Big Leagues: Trade Secrets In Professional Sports, Lara Grow, Nathaniel Grow

Washington and Lee Law Review

The protection of trade secrets within the professional sports industry became a hot-button issue in the summer of 2015, after news reports emerged revealing that officials from Major League Baseball’s St. Louis Cardinals were under federal investigation for having illegally accessed proprietary information belonging to their league rival, the Houston Astros. Indeed, professional sports teams in the United States and Canada often possess various forms of proprietary information or processes—ranging from scouting reports and statistical analyses to dietary regimens and psychological assessment techniques—giving them a potential competitive advantage over their rivals. Unfortunately, as with the rest of ...


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.


Positive Externalities And The Economics Of Proximate Cause, Israel Gilead, Michael D. Green Jun 2017

Positive Externalities And The Economics Of Proximate Cause, Israel Gilead, Michael D. Green

Washington and Lee Law Review

No abstract provided.


Table Of Contents Jun 2017

Table Of Contents

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 ...


Table Of Contents Apr 2017

Table Of Contents

Washington and Lee Law Review

No abstract provided.


Masthead And Front Matter Apr 2017

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.


Tribute To Professor Margaret Howard, Neil P. Olack, Geoffrey L. Berman, Eric D. Chapman, Shane Vandenberg, Joshua A.T. Fairfield, Lois R. Lupica, Ann Maclean Massie, Denise Neary, Nancy B. Rapoport, Charles J. Tabb, Eugene R. Wedoff, Robin Fretwell Wilson Apr 2017

Tribute To Professor Margaret Howard, Neil P. Olack, Geoffrey L. Berman, Eric D. Chapman, Shane Vandenberg, Joshua A.T. Fairfield, Lois R. Lupica, Ann Maclean Massie, Denise Neary, Nancy B. Rapoport, Charles J. Tabb, Eugene R. Wedoff, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.


Tribute To Professor Sally Wiant, Laura N. Gasaway, James Heller, Ann Maclean Massie, Brian C. Murchison, Caroline L. Osborne, Christopher B. Seaman, Joan Shaughnessy, Joseph A. Ulrich, Christopher Wolf Apr 2017

Tribute To Professor Sally Wiant, Laura N. Gasaway, James Heller, Ann Maclean Massie, Brian C. Murchison, Caroline L. Osborne, Christopher B. Seaman, Joan Shaughnessy, Joseph A. Ulrich, Christopher Wolf

Washington and Lee Law Review

No abstract provided.


Reflecting On Three Decades Of Corporate Law Scholarship, Lyman P.Q. Johnson Apr 2017

Reflecting On Three Decades Of Corporate Law Scholarship, Lyman P.Q. Johnson

Washington and Lee Law Review

No abstract provided.


Looking Back, Looking Forward: Personal Reflections On A Scholarly Career, David K. Millon Apr 2017

Looking Back, Looking Forward: Personal Reflections On A Scholarly Career, David K. Millon

Washington and Lee Law Review

No abstract provided.


The Fiduciary Enterprise Of Corporate Law, Christopher M. Bruner Apr 2017

The Fiduciary Enterprise Of Corporate Law, Christopher M. Bruner

Washington and Lee Law Review

No abstract provided.


Religious Conceptions Of Corporate Purpose, Ronald J. Colombo Apr 2017

Religious Conceptions Of Corporate Purpose, Ronald J. Colombo

Washington and Lee Law Review

No abstract provided.


Corporate Officers As Agents, Deborah A. Demott Apr 2017

Corporate Officers As Agents, Deborah A. Demott

Washington and Lee Law Review

No abstract provided.


Purposive Loyalty, Andrew S. Gold Apr 2017

Purposive Loyalty, Andrew S. Gold

Washington and Lee Law Review

No abstract provided.