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Cultural Conflict And The Revival Of Class Warfare, June Carbone 2010 Washington and Lee University School of Law

Cultural Conflict And The Revival Of Class Warfare, June Carbone

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 2010 Washington and Lee University School of Law

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 2010 Washington and Lee University School of Law

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 2010 Washington and Lee University School of Law

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 2010 Washington and Lee University School of Law

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 2010 Washington and Lee University School of Law

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.


Totalization With Mexico: A Path To Immigration Reform, Rajeeve Thakur 2010 Washington and Lee University School of Law

Totalization With Mexico: A Path To Immigration Reform, Rajeeve Thakur

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 2010 Washington and Lee University School of Law

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.


Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part One, John H. Blume, Emily C. Paavola 2010 Cornell Law School

Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part One, John H. Blume, Emily C. Paavola

Cornell Law Faculty Publications

This article addresses the Fifth Amendment issues to be considered when analyzing the admissibility of a criminal defendant's out-of-court statements.


Climate Change Comes To The Clean Water Act: Now What?, Robin Kundis Craig 2010 Washington and Lee University School of Law

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 ...


Greening The Economy Sustainably, David L. Markell 2010 Washington and Lee University School of Law

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 2010 Washington and Lee University School of Law

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 2010 Washington and Lee University School of Law

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 ...


Using National Border Climate Adjustment Schemes To Facilitate Global Greenhouse Gas Management In Industrial Production, Alexandra Khrebtukova 2010 Washington and Lee University School of Law

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 ...


The Dilemma Of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, Mathew McCubbins 2010 UC San Diego

The Dilemma Of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, Mathew Mccubbins

University of Southern California Legal Studies Working Paper Series

One of the oldest axioms about human decision-making is that knowledge is power. To be more specific, knowledge may enable people to make reasoned – that is, welfare improving – decisions. To determine whether this adage applies to voters with respect to ballot measures, we test four hypotheses. We find first that voters who know certain basic facts about an initiative vote similarly to voters who have knowledge of an information shortcut related to that initiative. We also show that many voters employ a “defensive no” strategy when faced with complex policy choices on the ballot. This reaction means that voters whose ...


Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman 2010 Washington and Lee University School of Law

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 ...


Stare Decisis As Judicial Doctrine, Randy J. Kozel 2010 Washington and Lee University School of Law

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 of malleable ...


The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West 2010 Washington and Lee University School of Law

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 ...


Jurisdictional Discovery In United States Federal Courts, S. I. Strong 2010 Washington and Lee University School of Law

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 2010 Washington and Lee University School of Law

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.


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