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Articles 1 - 30 of 54
Full-Text Articles in Law
Arming The Second Amendment—And Enforcing The Fourteenth, William D. Araiza
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 enforcement power cases …
A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu
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
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
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
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
Locked Up: Demore, Mandatory Detention, And The Fifth Amendment, Alix Sirota
Washington and Lee Law Review
No abstract provided.
Warfare As Regulation, Robert Knowles
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. Also, like other …
Exploiting Regulatory Inconsistencies, Emily Cauble
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 …
If It Quacks Like A Duck: The Financial Industry Regulatory Authority And Federal Jurisdiction, Lesesne Phillips
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
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
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
Securities Regulation In Virtual Space, Eric C. Chaffee
Washington and Lee Law Review
No abstract provided.
The Professional Prospectus: A Call For Effective Professional Disclosure, Benjamin P. Edwards
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
Positive Externalities And The Economics Of Proximate Cause, Israel Gilead, Michael D. Green
Washington and Lee Law Review
No abstract provided.
Protecting Big Data In The Big Leagues: Trade Secrets In Professional Sports, Lara Grow, Nathaniel Grow
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 the economy at-large, …
On Health, Law, And Religion, Stacey A. Tovino
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 …
Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire A. Hill
Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire A. Hill
Washington and Lee Law Review
No abstract provided.
Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett H. Mcdonnell
Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett H. Mcdonnell
Washington and Lee Law Review
No abstract provided.
Corporate Power Is Corporate Purpose Ii: An Encouragement For Future Consideration From Professors Johnson And Millon, Leo E. Strine Jr.
Corporate Power Is Corporate Purpose Ii: An Encouragement For Future Consideration From Professors Johnson And Millon, Leo E. Strine Jr.
Washington and Lee Law Review
No abstract provided.
The Next Iteration Of Progressive Corporate Law, Matthew T. Bodie
The Next Iteration Of Progressive Corporate Law, Matthew T. Bodie
Washington and Lee Law Review
No abstract provided.
The Fiduciary Enterprise Of Corporate Law, Christopher M. Bruner
The Fiduciary Enterprise Of Corporate Law, Christopher M. Bruner
Washington and Lee Law Review
No abstract provided.
Lyman Johnson’S Invaluable Contribution To Delaware Corporate Jurisprudence, Lawrence A. Hamermesh, Jack B. Jacobs
Lyman Johnson’S Invaluable Contribution To Delaware Corporate Jurisprudence, Lawrence A. Hamermesh, Jack B. Jacobs
Washington and Lee Law Review
No abstract provided.
The Life (And Death?) Of Corporate Waste, Harwell Wells
The Life (And Death?) Of Corporate Waste, Harwell Wells
Washington and Lee Law Review
At first glance, corporate waste makes no sense. The very definition of waste—a transaction so one-sided that no reasonable business person would enter into it, an act equivalent to gift or “spoliation”—suggests that it would never occur, for what corporation would ever enter into a transaction so absurd? Yet waste claims are regularly made against corporate managers. Respected judges have downplayed waste as a “vestige” and described it as “possibly non-existent,” the Loch Ness monster of corporate law; but waste survives. It is a remnant of ultra vires, a doctrine proclaimed largely dead for the last hundred years—but waste is …
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
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.