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Articles 1 - 30 of 43
Full-Text Articles in Law
The New Peonage, Tamar R. Birckhead
The New Peonage, Tamar R. Birckhead
Washington and Lee Law Review
Although the Thirteenth Amendment to the Constitution formally abolished slavery and involuntary servitude in 1865, the text created an exception for the punishment of crimes “whereof the party shall have been duly convicted.” Two years later, Congress passed The Anti-Peonage Act in an attempt to prohibit the practice of coerced labor for debt. Yet, in the wake of the Civil War, Southern states innovated ways to impose peonage but avoid violations of the law, including criminal surety statutes that allowed employers to pay the court fines for indigent misdemeanants charged with minor offenses in exchange for a commitment to work. …
Taxonomy Of The Snowden Disclosures, Margaret Hu
Taxonomy Of The Snowden Disclosures, Margaret Hu
Washington and Lee Law Review
This brief Essay offers a proposed taxonomy of the Snowden Disclosures. An informed discussion on the legality and constitutionality of the emerging cybersurveillance and mass dataveillance programs revealed by former NSA contractor Edward Snowden necessitates the furtherance of cybersurveillance aptitude. This Essay contends, therefore, that a detailed examination of the Snowden disclosures requires not just a careful inquiry into the legal and constitutional framework that guides the oversight of these programs. A close interrogation also requires a careful inquiry into the big data architecture that guides them. This inquiry includes examining the underlying theories of data science and the rationales …
Customized Procedure In Theory And Reality, W. Mark C. Weidemaier
Customized Procedure In Theory And Reality, W. Mark C. Weidemaier
Washington and Lee Law Review
Contract theory has long posited that parties can maximize contract value by manipulating the procedural rules that will apply if there is a dispute. Beyond choosing a litigation or arbitration forum, parties can allocate costs and fees, alter pleading standards, adjust evidentiary and discovery rules, and customize nearly every aspect of the adjudication process. In time, this theoretical insight became a matter of faith. The assumption that contracts routinely alter procedural rules spawned debate over the normative implications of allowing parties to dictate procedure. Only recently have a few studies suggested that this debate may lack a firm empirical foundation. …
Living In A Material World: Defining “Materiality” In The Municipal Bond Market And Rule 15c2–12, Charlotte W. Rhodes
Living In A Material World: Defining “Materiality” In The Municipal Bond Market And Rule 15c2–12, Charlotte W. Rhodes
Washington and Lee Law Review
No abstract provided.
The Player, The Video Game, And The Tattoo Artist: Who Has The Most Skin In The Game?, Jennifer L. Commander
The Player, The Video Game, And The Tattoo Artist: Who Has The Most Skin In The Game?, Jennifer L. Commander
Washington and Lee Law Review
No abstract provided.
Rethinking Limited Liability Of Parent Corporations For Foreign Subsidiaries’ Violations Of International Human Rights Law, Gwynne Skinner
Rethinking Limited Liability Of Parent Corporations For Foreign Subsidiaries’ Violations Of International Human Rights Law, Gwynne Skinner
Washington and Lee Law Review
The doctrine of limited liability of shareholders often prevents victims harmed by a corporation’s foreign subsidiary’s violation of international human rights norms from obtaining a remedy when that subsidiary operates in a country that has a weak or ineffective judicial system. This is because victims are often unable to obtain a remedy in these countries, and the doctrine almost always prevents victims from seeking a remedy from the parent corporation. Given this problem, in what situations should parent corporations be liable for the tortious activities of their foreign subsidiaries? This Article discusses the circumstances where imposing liability on parent corporations …
State Labs Of Federalism And Law Enforcement "Drone" Use, Chris Jenks
State Labs Of Federalism And Law Enforcement "Drone" Use, Chris Jenks
Washington and Lee Law Review
No abstract provided.
Cybersurveillance In A Free Society, Russell L. Weaver
Cybersurveillance In A Free Society, Russell L. Weaver
Washington and Lee Law Review
No abstract provided.
Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger
Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger
Washington and Lee Law Review
No abstract provided.
Does It Stay, Or Does It Go?: Application Of The Good-Faith Exception When The Warrant Relied Upon Is Fruit Of The Poisonous Tree, Alyson M. Cox
Does It Stay, Or Does It Go?: Application Of The Good-Faith Exception When The Warrant Relied Upon Is Fruit Of The Poisonous Tree, Alyson M. Cox
Washington and Lee Law Review
No abstract provided.
New Limits On General Personal Jurisdiction: Examining The Retroactive Application Of Daimler In Long-Pending Cases, Brooke A. Weedon
New Limits On General Personal Jurisdiction: Examining The Retroactive Application Of Daimler In Long-Pending Cases, Brooke A. Weedon
Washington and Lee Law Review
No abstract provided.
The Fisa Court And Article Iii, Stephen I. Vladeck
The Fisa Court And Article Iii, Stephen I. Vladeck
Washington and Lee Law Review
No abstract provided.
Dangerous Dicta, David Gray
Spying Inc., Danielle Keats Citron
Spying Inc., Danielle Keats Citron
Washington and Lee Law Review
The latest spying craze is the “stalking app.” Once installed on someone’s cell phone, the stalking app can provide continuous access to the phone owner’s calls, texts, snapchats, photos, calendar updates, and movements. Stalking apps destroy the privacy and confidentiality of cell phone activities. Domestic abusers and stalkers frequently turn to stalking apps because they are undetectable even to sophisticated phone owners.
Business is booming for stalking app providers, even though their entire enterprise is arguably illegal. Federal and state wiretapping laws ban the manufacture, sale, or advertisement of devices knowing their design makes them primarily useful for the surreptitious …
Defining "Foreign Affairs" In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies
Defining "Foreign Affairs" In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies
Washington and Lee Law Review
No abstract provided.
Banning Bulk: Passage Of The Usa Freedom Act And Ending Bulk Collection, Bart Forsyth
Banning Bulk: Passage Of The Usa Freedom Act And Ending Bulk Collection, Bart Forsyth
Washington and Lee Law Review
No abstract provided.
I Spy: The New Self-Cybersurveillance And The "Internet Of Things", Steven I. Friedland
I Spy: The New Self-Cybersurveillance And The "Internet Of Things", Steven I. Friedland
Washington and Lee Law Review
Prior to the digital age, surveillance generally meant a government agent or private investigator engaged in a stakeout or observation detail that involved physical work, expense, and time. The digital age changed surveillance fundamentally. Today, we not only generate mountains of data for others, we also effectively surveil ourselves through digitally-connected, multifunctional smart devices, collectively described as the “Internet of Things.”
Cybersurveillance accessed by the government, even when started as self-surveillance, raises complex and uncertain legal issues, especially when related to the Constitution. In United States v. Kyllo, the Supreme Court was reticent to allow government agents to use …
Averting The Inherent Dangers Of "Going Dark": Why Congress Must Require A Locked Front Door To Encrypted Data, Geoffrey S. Corn
Averting The Inherent Dangers Of "Going Dark": Why Congress Must Require A Locked Front Door To Encrypted Data, Geoffrey S. Corn
Washington and Lee Law Review
No abstract provided.
Government-Operated Drones And Data Retention, Gregory S. Mcneal
Government-Operated Drones And Data Retention, Gregory S. Mcneal
Washington and Lee Law Review
No abstract provided.
When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen
When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen
Washington and Lee Law Review
Influential theories of law have celebrated judicial reason-giving as furthering a host of democratic values, including judges’ accountability, citizens’ participation in djudication, and a more accurate and transparent decision-making process. This Article has two main purposes. First, it argues that although reason-giving is important, it is often in tension with other values of the judicial process, such as guidance, sincerity, and efficiency. Reason-giving must, therefore, be balanced against these competing values. In other words, judges sometimes have reasons not to give reasons. Second, contrary to common intuition, common law and civil law systems deal with this tension between reasons for …
Adding A Due Diligence Defense To § 13(B) And Rule 13b 2 – 2 Of The Securities Exchange Act Of 1934, Michael Evans
Adding A Due Diligence Defense To § 13(B) And Rule 13b 2 – 2 Of The Securities Exchange Act Of 1934, Michael Evans
Washington and Lee Law Review
No abstract provided.
Super - Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet
Super - Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet
Washington and Lee Law Review
No abstract provided.
Afterword To The Aig Bailout, William K. Sjostrom Jr.
Afterword To The Aig Bailout, William K. Sjostrom Jr.
Washington and Lee Law Review
No abstract provided.
Municipal Bonds In Bankruptcy § 902(2) And The Proper Scope Of “Special Revenues” In Chapter 9, Alexander D. Flachsbart
Municipal Bonds In Bankruptcy § 902(2) And The Proper Scope Of “Special Revenues” In Chapter 9, Alexander D. Flachsbart
Washington and Lee Law Review
No abstract provided.
Coverage For Ill - Gotten Gains? Discussing The (Un)Insurability Of Restitution And Disgorgement, Katherine C. Skilling
Coverage For Ill - Gotten Gains? Discussing The (Un)Insurability Of Restitution And Disgorgement, Katherine C. Skilling
Washington and Lee Law Review
No abstract provided.
Regulating Professional Sports Leagues, Nathaniel Grow
Regulating Professional Sports Leagues, Nathaniel Grow
Washington and Lee Law Review
Four monopoly sports leagues currently dominate the U.S. professional sports industry. Although federal antitrust law—the primary source of regulation governing the industry—would normally be expected to provide a significant check on anticompetitive, monopolistic behavior, it has failed to effectively govern the leagues due to both their well-entrenched monopoly status and the unique level of coordination necessary among their respective teams. Consequently, the four leagues today each, in many respects, enjoy unregulated monopoly status in what is estimated to be a $67 billion industry.
As one might expect, these leagues use their largely unchecked monopoly power to injure the public in …