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Washington and Lee University School of Law

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Articles 1 - 30 of 1623

Full-Text Articles in Law

Public Relations Litigation, Kishanthi Parella Jul 2019

Public Relations Litigation, Kishanthi Parella

Faculty Scholarship

Conventional wisdom holds that lawsuits harm a corporation’s reputation. So why do corporations and other businesses litigate even when they will likely lose in the court of law and the court of public opinion? One explanation is settlement: some parties file lawsuits not to win but to force the defendant to pay out. But some business litigants defy even this explanation; they do not expect to win the lawsuit or to benefit financially from settlement. What explains their behavior?

The answer is reputation. This Article explains that certain types of litigation can improve a business litigant’s reputation in ...


Book 1, John N. Jacob Jun 2019

Book 1, John N. Jacob

Newton D. Baker Scrapbooks

No abstract provided.


Index To Butler Audio Recording Re The Impeachment Of Richard M. Nixon, John N. Jacob Jun 2019

Index To Butler Audio Recording Re The Impeachment Of Richard M. Nixon, John N. Jacob

Nixon Impeachment Audio Recording

No abstract provided.


Virginia Industrialization Group, Lewis F. Powell Jr. Jun 2019

Virginia Industrialization Group, Lewis F. Powell Jr.

Powell Correspondence

No abstract provided.


Recognition Of Validity And Incidents Of Marriages Between Blacks And Whites, Lewis F. Powell Jr. Jun 2019

Recognition Of Validity And Incidents Of Marriages Between Blacks And Whites, Lewis F. Powell Jr.

Powell Writings

No abstract provided.


Correspondence With The Chief Justice Of The Supreme Court Of The United States, William H. Rehnquist, Lewis F. Powell Jr. Jun 2019

Correspondence With The Chief Justice Of The Supreme Court Of The United States, William H. Rehnquist, Lewis F. Powell Jr.

Powell Correspondence

No abstract provided.


Correspondence With A. Willis Robertson, Lewis F. Powell, Jr. Jun 2019

Correspondence With A. Willis Robertson, Lewis F. Powell, Jr.

Powell Correspondence

No abstract provided.


Correspondence With Fellow Associate Justices Of The Supreme Court Of The United States, Lewis F. Powell, Jr. Jun 2019

Correspondence With Fellow Associate Justices Of The Supreme Court Of The United States, Lewis F. Powell, Jr.

Powell Correspondence

No abstract provided.


Correspondence With The Chief Justice Of The Supreme Court Of The United States, Warren E. Burger, Lewis F. Powell, Jr. Jun 2019

Correspondence With The Chief Justice Of The Supreme Court Of The United States, Warren E. Burger, Lewis F. Powell, Jr.

Powell Correspondence

No abstract provided.


Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart May 2019

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Faculty Scholarship

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.


Board Governance For The Twenty-First Century, Faith Stevelman, Sarah C. Haan Apr 2019

Board Governance For The Twenty-First Century, Faith Stevelman, Sarah C. Haan

Faculty Scholarship

A decade after the global financial crisis, corporate governance is in a state of flux. A conceptual shift is underway. Years ago, in "first wave" governance, boards had a cozy relationship with the company C-suite. In "second wave" governance, which took hold in the 1970s, legal academics reimagined the board's role, conceptualizing directors as monitors charged with limiting waste and abuse that can arise in agency relationships. Now, we find ourselves at the threshold of "third wave" governance, in which boards are asked to grapple immediately and candidly with both the financial aspects of business and new environmental, social ...


Virginia Bar Exam, February 2019, Section 2 Feb 2019

Virginia Bar Exam, February 2019, Section 2

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, February 2019, Section 1 Feb 2019

Virginia Bar Exam, February 2019, Section 1

Virginia Bar Exam Archive

No abstract provided.


Is Supervised Release Tolled Retrospective To The Start Of An Unrelated Detention If The Defendant Is Credited With Time Served Upon Sentencing For The New Offense?, Nora V. Demleitner Feb 2019

Is Supervised Release Tolled Retrospective To The Start Of An Unrelated Detention If The Defendant Is Credited With Time Served Upon Sentencing For The New Offense?, Nora V. Demleitner

Faculty Scholarship

The district court sentenced Jason Mont for violating his supervised release conditions after a state conviction and sentence that credited him for time in pretrial detention served while he was on supervised release. Mont challenges the court’s exercise of jurisdiction, arguing that 18 U.S.C. § 3624(e) does not permit the court to reach backward to find that supervised release was tolled once he received credit for his pretrial detention at sentencing. Petitioner and respondent disagree about the interpretation of the language and structure of Section 3624(e). While the government relies heavily on the purpose of supervised ...


Privatizing Criminal Procedure, John D. King Jan 2019

Privatizing Criminal Procedure, John D. King

Faculty Scholarship

As the staggering costs of the criminal justice system continue to rise, states have begun to look for nontraditional ways to pay for criminal prosecutions and to shift these costs onto criminal defendants. Many states now impose a surcharge on defendants who exercise their constitutional rights to counsel, confrontation, and trial by jury. As these “user fees” proliferate, they have the potential to fundamentally change the nature of criminal prosecutions and the way we think of constitutional rights. The shift from government funding of criminal litigation to user funding constitutes a privatization of criminal procedure. This intrusion of market ideology ...


The Human Element: The Under-Theorized And Underutilized Component Vital To Fostering Blockchain Development, Joshua A.T. Fairfield Jan 2019

The Human Element: The Under-Theorized And Underutilized Component Vital To Fostering Blockchain Development, Joshua A.T. Fairfield

Faculty Scholarship

This Article constitutes a lightly edited transcription of Joshua Fairfield's oral remarks at the April 6, 2018 Cleveland State Law Review Symposium on Blockchain Law and Technology.

The author posits that there is a tendency to think that technology will emerge triumphant in resolving physical problems, including banking and transactional recording; that there is sort of a "tech-bro utopianism," epitomized by Mark Zuckerberg, suggesting that what we need is a technological, not a human, solution. He states that one major problem is that social technologists, psychologists, historians, linguists, and cultural anthropologists are not on the development teams that are ...


Justice Kavanaugh, Lorenzo V. Sec, And The Post-Kennedy Supreme Court, Matthew C. Turk, Karen E. Woody Jan 2019

Justice Kavanaugh, Lorenzo V. Sec, And The Post-Kennedy Supreme Court, Matthew C. Turk, Karen E. Woody

Faculty Scholarship

This Article analyzes a recent Supreme Court case, Lorenzo v. Securities and Exchange Commission, and explains why it provides a valuable window into the Court's future now that Justice Kennedy has retired and his seat filled by Justice Brett Kavanaugh. Lorenzo is an important case that raises fundamental interpretative questions about the reach of federal securities statutes. But most significant is its unique procedural posture: when the Supreme Court issues its decision on Lorenzo in 2019, Justice Kavanaugh will be recused while the other eight Justices rule on a lower court opinion from the D.C. Circuit in which ...


Felon Disenfranchisement, Nora V. Demleitner Jan 2019

Felon Disenfranchisement, Nora V. Demleitner

Faculty Scholarship

In its broadest forms, felon disenfranchisement excludes even individuals who have long been rehabilitated. Yet they are still treated only as partial citizens. Automatic, long-term restrictions on the franchise are unnecessarily exclusionary. More importantly, they hinder reentry and rehabilitation. Citizens returning from imprisonment, who can vote, have lower rates of recidivism than those who are barred from voting. Re-enfranchisement signals a return to citizenship. It advances and confirms a returning citizen’s full participatory rights. Ultimately, that means we recognize these individuals as having lived up to the expectation of rehabilitation rather than leaving them feeling defeated.


Virginia Bar Exam, July 2018, Section 2 Jul 2018

Virginia Bar Exam, July 2018, Section 2

Virginia Bar Exam Archive

No abstract provided.


Annual Report 2017-2018, Caroline L. Osborne Jun 2018

Annual Report 2017-2018, Caroline L. Osborne

Law Library Annual Reports

No abstract provided.


Washington And Lee Legal Scholarship, 5th Edition, The Law Library At Washington And Lee University School Of Law Apr 2018

Washington And Lee Legal Scholarship, 5th Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship

No abstract provided.


Virginia Bar Exam, February 2018, Section 2 Feb 2018

Virginia Bar Exam, February 2018, Section 2

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, February 2018, Section 1 Feb 2018

Virginia Bar Exam, February 2018, Section 1

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, July 2018, Section 1 Feb 2018

Virginia Bar Exam, July 2018, Section 1

Virginia Bar Exam Archive

No abstract provided.


Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner Feb 2018

Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner

Faculty Scholarship

None available.


The Dtsa At One: An Empirical Study Of The First Year Of Litigation Under The Defend Trade Secrets Act, David S. Levine, Christopher B. Seaman Jan 2018

The Dtsa At One: An Empirical Study Of The First Year Of Litigation Under The Defend Trade Secrets Act, David S. Levine, Christopher B. Seaman

Faculty Scholarship

This article represents the first comprehensive empirical study of the Defend Trade Secrets Act (“DTSA”), the law enacted by Congress in 2016 that created a federal civil cause of action for trade secret misappropriation. The DTSA represents the most significant expansion of federal involvement in intellectual property law in at least 30 years. In this study, we examine publicly-available docket information and pleadings to assess how private litigants have been utilizing the DTSA. Based upon an original dataset of nearly 500 newly-filed DTSA cases in federal court, we analyze whether the law is beginning to meet its sponsors’ stated goals ...


Fear-Based Provocation, Michal Buchhandler-Raphael Jan 2018

Fear-Based Provocation, Michal Buchhandler-Raphael

Faculty Scholarship

This Article offers three major contributions to challenge existing view of provocation: first, it considers psychological research that found that fear, similarly to anger, may also significantly interfere with individuals’ decision making processes by disturbing rational judgment, therefore sometimes leading to lethal aggression. Second, drawing on this research, this Article argues that provocation doctrine should be reconstructed to also include a fear-based prong. Third, recognizing fear-based provocation calls for rejecting the loss of control paradigm that currently dominates judges’ and jurors’ perception of the defense. In its place, this Article advocates focusing on the fearful defendant’s fear of violence ...


Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley Jan 2018

Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley

Faculty Scholarship

This article argues that nuisance was historically unique in tort law because of its special role in protecting property rights.' In other words, nuisance historically had distinct features addressed to the special situation of land. Most importantly, nuisance protected the right to exclude in a way that no other cause of action did. The Second Restatement's change then diminished our rights to private property to the extent that it has been adopted. The majority of courts retain the more logical and defensible position--that property rights are special and nuisance encompasses something more than the idea of negligence.


Cybersurveillance Intrusions And An Evolving Katz Privacy Test, Margaret Hu Jan 2018

Cybersurveillance Intrusions And An Evolving Katz Privacy Test, Margaret Hu

Faculty Scholarship

To contextualize why a new approach to the Fourth Amendment is essential, this Article describes two emerging cybersurveillance tools. The first Cybersurveillance tool, Geofeedia, has been deployed by state and local law enforcement. Geofeedia uses a process known as "geofencing" to draw a virtual barrier around a particular geographic region, and then identifies and tracks public social media posts within that region for predictive policing purposes. The second tool, Future Attribute Screening Technology (FAST), is under development by the United States Department of Homeland Security (DHS). FAST is another predictive policing tool that analyzes physiological and behavioral signals with the ...


The Legal Fate Of Internet Ad-Blocking, Russell A. Miller Jan 2018

The Legal Fate Of Internet Ad-Blocking, Russell A. Miller

Faculty Scholarship

Ad-blocking services allow individual users to avoid the obtrusive advertising that both clutters and finances most Internet publishing. Ad-blocking's immense - and growing - popularity suggests the depth of Internet users' frustration with Internet advertising. But its potential to disrupt publishers' traditional Internet revenue model makes ad-blocking one of the most significant recent Internet phenomena. Unsurprisingly, publishers are not inclined to accept ad-blocking without a legal fight. While publishers are threatening suits in the United States, the issues presented by ad-blocking have been extensively litigated in German courts where ad-blocking consistently has triumphed over claims that it represents a form of ...