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Articles 31 - 60 of 66
Full-Text Articles in Law
State Regulation Of Resale Price Maintenance On The Internet: The Constitutional Problems With The 2009 Amendment To The Maryland Antitrust Act, Katherine M. Brockmeyer
State Regulation Of Resale Price Maintenance On The Internet: The Constitutional Problems With The 2009 Amendment To The Maryland Antitrust Act, Katherine M. Brockmeyer
Washington and Lee Law Review
No abstract provided.
Protecting Blogging: The Need For An Actual Disruption Standard In Pickering, Lindsay A. Hitz
Protecting Blogging: The Need For An Actual Disruption Standard In Pickering, Lindsay A. Hitz
Washington and Lee Law Review
No abstract provided.
Confession Of Error By Administrative Agencies, Alexander L. Merritt
Confession Of Error By Administrative Agencies, Alexander L. Merritt
Washington and Lee Law Review
No abstract provided.
Climate Change Comes To The Clean Water Act: Now What?, Robin Kundis Craig
Climate Change Comes To The Clean Water Act: Now What?, Robin Kundis Craig
Washington and Lee Journal of Energy, Climate, and the Environment
In January 2009, the EPA agreed to respond to the Center for Biological Diversity’s (CBD’s) petition requesting it to modify its marine pH water quality criteria to reflect ocean acidification. Ocean acidification, however, is a by-product of increasing concentrations of carbon dioxide in the atmosphere. Thus, climate change has come to the Clean Water Act—and in May 2009, the CBD filed suit in the U.S. District Court for the District of Washington to bring this point home. The question, of course, is what the Clean Water Act can actually contribute to efforts to deal with climate change. After reviewing the …
Using National Border Climate Adjustment Schemes To Facilitate Global Greenhouse Gas Management In Industrial Production, Alexandra Khrebtukova
Using National Border Climate Adjustment Schemes To Facilitate Global Greenhouse Gas Management In Industrial Production, Alexandra Khrebtukova
Washington and Lee Journal of Energy, Climate, and the Environment
I argue that an appropriately conceived and well-designed border climate adjustment scheme, as a policy mechanism potentially utilizable by many States party to the United Nations Framework Convention on Climate Change, may lead to desirable consequences for the development of comprehensive global greenhouse gas management in furtherance of the Framework Convention’s objectives. By creating the conditions for a healthy experimentalism and regulatory competition among the regulating bodies of diverse national markets, the use of origin-neutral border climate adjustment schemes, equivalent to the climate regulatory costs imposed on like domestic products as a condition of market access, may lead to a …
Totalization With Mexico: A Path To Immigration Reform, Rajeeve Thakur
Totalization With Mexico: A Path To Immigration Reform, Rajeeve Thakur
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Trimming The Fat: A Study Of Mandatory Nutritional Disclosure Laws And Excessive Judicial Deference, Charles R. Yates, Iii
Trimming The Fat: A Study Of Mandatory Nutritional Disclosure Laws And Excessive Judicial Deference, Charles R. Yates, Iii
Washington and Lee Law Review
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Cultural Conflict And The Revival Of Class Warfare, June Carbone
Cultural Conflict And The Revival Of Class Warfare, June Carbone
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman
Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman
Washington and Lee Law Review
A libelplaintiffsued an American defendant in aforeign nation where he took advantage ofplaintiff-favoring defamation Law to obtain a heftyjudgment. He brings this judgment to the defendant's state in the United States to collect from her bank account. The defendant 's state's court could not have entered the plaint /ffs judgment because offirst-Amendment doctrines that stem from New York Times v. Sullivan. How should the U.S. court respond to the "libel tourist" and his judgment? This succinct Article summarizes the tangled tale that emerges. Invoking the First Amendment under a public-policy exception to comity, U.S. courts have rejectedforeign-nation defamation judgments. State …
Greening The Economy Sustainably, David L. Markell
Greening The Economy Sustainably, David L. Markell
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl
Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Climate Change, Scale, And Devaluation: The Challenge Of Our Built Environment, Nathan F. Sayre
Climate Change, Scale, And Devaluation: The Challenge Of Our Built Environment, Nathan F. Sayre
Washington and Lee Journal of Energy, Climate, and the Environment
Climate debate and policy proposals in the United States have yet to grasp the gravity and magnitude of the challenges posed by global warming. This paper develops three arguments to redress this situation. First, the spatial and temporal scale of the processes linking greenhouse gas (GHG) emissions to climate change is unprecedented in human experience, challenging our abilities to comprehend, let alone act. An adequate understanding of the scale of global warming leads to an unequivocal starting point for all discussions: we must leave as much fossil fuel in the ground as possible, for as long as possible. Second, a …
Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd
Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller
Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Browning Of America—Multicultural And Bicultural Families In Conflict: Making Culture A Customary Factor For Consideration In Child Custody Disputes, Cynthia R. Mabry
The Browning Of America—Multicultural And Bicultural Families In Conflict: Making Culture A Customary Factor For Consideration In Child Custody Disputes, Cynthia R. Mabry
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Rhetoric To Reality: Citizenship Delays And U.S. International Obligations In The Post-9/11 Landscape, Clifford Ashcroft-Smith
Rhetoric To Reality: Citizenship Delays And U.S. International Obligations In The Post-9/11 Landscape, Clifford Ashcroft-Smith
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Sexual Offender Registration And Notification Act: No More Than "Statutory ‘Lip Service’ To Interstate Commerce", Lindsey B. Fetzer
The Sexual Offender Registration And Notification Act: No More Than "Statutory ‘Lip Service’ To Interstate Commerce", Lindsey B. Fetzer
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher
A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Conceiving Plan B: A Proposal To Resolve The Conflict Between Women And Conscientiously Objecting Pharmacists Over Access To Emergency Contraceptives, Joshua T. Shaw
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Filling In The Blank: Defining Breaches Of Contract Excepted From Discharge As Willful And Malicious Injuries To Property Under 11i U.S.C. § 523(A)(6), Bryan Hoynak
Washington and Lee Law Review
No abstract provided.
Stare Decisis As Judicial Doctrine, Randy J. Kozel
Stare Decisis As Judicial Doctrine, Randy J. Kozel
Washington and Lee Law Review
Stare decisis has been called many things, among them "~a principle of policy, " "a series ofprudential and pragmatic considerations, " and simply "the preferred course. " Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts. This Article examines stare decisis as applied by the U.S. Supreme Cour~, our nation 's highest doctrinal authority. A review of the Court 'sjurisprudence yields two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely …
The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West
The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West
Washington and Lee Law Review
Increasingly more "ordinary"A mericans are choosing to share their life experiences with a public audience. In doing so, however, they are revealing more than their own personal stories; they are exposing private information about others as well. The faceoff between autobiographical speech and information privacy is coming to a head, and our legal system is not prepared to handle it. In a prior article, I established that autobiographicals peech is a unique and important category of speech that is at risk of being undervalued under current Law. This Article builds on my earlier work by addressing the emerging conflict between …
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Washington and Lee Law Review
No abstract provided.
Statutory Stones And Regulatory Mortar: Using Negligence Per Se To Mend The Wall Between Farmers Growing Genetically Engineered Crops And Their Neighbors, Joshua B. Cannon
Statutory Stones And Regulatory Mortar: Using Negligence Per Se To Mend The Wall Between Farmers Growing Genetically Engineered Crops And Their Neighbors, Joshua B. Cannon
Washington and Lee Law Review
No abstract provided.
Unsteady On Its Feet: Sobriety Checkpoint Reasonableness, Michael F. Lotito
Unsteady On Its Feet: Sobriety Checkpoint Reasonableness, Michael F. Lotito
Washington and Lee Law Review
No abstract provided.
Beyond Batsa: State Taxation Without State Boundaries?, Neil V. Birkhoff
Beyond Batsa: State Taxation Without State Boundaries?, Neil V. Birkhoff
Washington and Lee Law Review
In his Note, Beyond BA TSA: Getting Serious About State Corporate Tax Reform, Quinn Ryan provides us with the following: (1) an overview of the problem of diminishing state corporate tax revenues;2 (2) the basic legal principles applicable in administering state corporate income taxes;3 and (3) a history of the development of state tax nexus standards.4 Ryan uses the Business Activity Tax Simplification Act of 2009 (BATSA) to point out where reform is necessary and argues that BATSA is not the answer.6 While Ryan notes the myriad of problems with corporate income tax apportionment statutes 7 he leaves the mechanics …
A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis
A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis
Washington and Lee Law Review
The definition of torture is broken. The malleability of the term "severe pain or suffering" at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The "V know it when I see it" nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international Law's reliance on self-enforcement is considered After discussing current misconceptions about intelligence gathering and coercion that are common to all sides of the torture debate, this …
The Company Of Scoundrels, Ronald J. Bacigal
The Company Of Scoundrels, Ronald J. Bacigal
Washington and Lee Law Review
My initial reaction to Brett Shockley's Note, Protecting Due Process from the PROTECT Act: The Problems with Increasing Periods of Supervised Release for Sexual Offenders, was to admire his courage. Not many people would undertake a discussion of possible injustice to child pornographers, who surely rank with terrorists and drug dealers as the most reviled and least sympathetic claimants for fair treatment. Shockley puts aside the moral condemnation these people deserve, and focuses on the morality of Procedure-the rule of Law if you will-divorced from the worthiness, or lack thereof, of particular defendants. As students of criminal Procedure come to …