Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Business Organizations Law (16)
- Science and Technology Law (6)
- Commercial Law (3)
- Criminal Law (3)
- Criminal Procedure (3)
-
- Property Law and Real Estate (3)
- Banking and Finance Law (2)
- Constitutional Law (2)
- Intellectual Property Law (2)
- Legal Education (2)
- Religion Law (2)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Contracts (1)
- Health Law and Policy (1)
- Law and Psychology (1)
- Legal Remedies (1)
- Military, War, and Peace (1)
- National Security Law (1)
- Second Amendment (1)
- Securities Law (1)
- Torts (1)
- Keyword
-
- Corporate law (12)
- Cloud computing (3)
- Corporate purpose (3)
- Digital property (3)
- Property rights (3)
-
- Religion (3)
- Right to destroy (3)
- Cloud storage (2)
- Corporate social responsibility (2)
- Federal rule of criminal procedure (2)
- Guilty plea (2)
- Legal scholarship (2)
- Regulation (2)
- Rule 11 (2)
- United States v. Dominguez Benitez (2)
- Agency (1)
- Agents (1)
- And Burwell v. Hobby Lobby Stores (1)
- Antidiscrimination (1)
- Augmented reality (1)
- Best interests (1)
- Betts v. Brady (1)
- Big data (1)
- Bribery (1)
- Business models (1)
- Chae Chan Ping v. United States (1)
- Chinese exclusion cases (1)
- Civil asset forfeiture (1)
- Civil procedure (1)
- Commercial bribery (1)
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 …
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 …
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 …
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.
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.
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.
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.
Looking Back, Looking Forward: Personal Reflections On A Scholarly Career, David K. Millon
Looking Back, Looking Forward: Personal Reflections On A Scholarly Career, David K. Millon
Washington and Lee Law Review
No abstract provided.
Corporate Officers As Agents, Deborah A. Demott
Corporate Officers As Agents, Deborah A. Demott
Washington and Lee Law Review
No abstract provided.
Purposive Loyalty, Andrew S. Gold
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.
Confident Pluralism In Corporate Legal Theory, Robert K. Vischer
Confident Pluralism In Corporate Legal Theory, Robert K. Vischer
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
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.