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Articles 1 - 30 of 109
Full-Text Articles in Law
Resistance Proceduralism: A Prologue To Theorizing Procedural Subordination, Portia Pedro
Resistance Proceduralism: A Prologue To Theorizing Procedural Subordination, Portia Pedro
Washington and Lee Law Review
Several legal scholars have discussed the role of slavery within their own family histories and a growing number of scholars are exploring the successes and strategies of lawyers and Black litigants in freedom suits and other litigation in the United States antebellum South. I build on these literatures with a focus on procedure. In this Article, I analyze procedures involved in a few of my ancestral and personal experiences. Some of the experiences with process involved litigation to be free from slavery while other experiences did not explicitly involve any law. But they all involved process.
Engaging in this practice—marshaling …
Making Privacy Injuries Concrete, Peter Ormerod
Making Privacy Injuries Concrete, Peter Ormerod
Washington and Lee Law Review
In recent years, the U.S. Supreme Court has repeatedly said that the doctrine of Article III standing deprives the federal courts of jurisdiction over some lawsuits involving intangible injuries. The lower federal courts are carrying out the Supreme Court’s instructions, and privacy injuries have borne the brunt of the Court’s directive. This Article identifies two incoherencies in the Court’s recent intangible injury decisions and builds on the work of privacy scholars to fashion a solution.
The first incoherency is a line-drawing problem: the Court has never explained why some intangible injuries create an Article III injury in fact while others …
Federal Magistrate Court Of Appeals: Whether Magistrate Judge Disposition Of Section 2255 Motions Under Consent Jurisdiction Is Statutorily And Constitutionally Permissible, Corey J. Hauser
Washington and Lee Law Review
For decades the Supreme Court has balanced the tension between judicial efficiency and adherence to our constitutional system of separation of powers. As more cases were filed in federal courts, Congress increased the responsibilities and power given to magistrate judges. The result is magistrate judges wielding as much power as district judges. With post-conviction relief under § 2255, magistrate judges take on a whole new role— appellate judge—reviewing and potentially overturning sentences imposed by district judges.
This practice raises two concerns. First, did Congress intend to statutorily give magistrate judges this power? The prevailing interpretation is that § 2255 motions …
No Injury? No Class: Proof Of Injury In Federal Antitrust Class Actions Post-Wal-Mart, Rami Abdallah Elias Rashmawi
No Injury? No Class: Proof Of Injury In Federal Antitrust Class Actions Post-Wal-Mart, Rami Abdallah Elias Rashmawi
Washington and Lee Law Review
Over the past twenty years the Supreme Court of the United States has systematically limited the scope of federal class actions brought under Rule 23 of the Federal Rules of Civil Procedure. Importantly, in two landmark decisions, Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend, the Supreme Court cemented a heightened level of inquiry demanded by Rule 23, a stringent, “rigorous analysis.”
This Note analyses the effects of this heightened inquiry on federal antitrust class actions, particularly in situations where the plaintiffs’ method of proving antitrust injury fails to do so for some of the putative class …
Personal Jurisdiction And National Sovereignty, Ray Worthy Campbell
Personal Jurisdiction And National Sovereignty, Ray Worthy Campbell
Washington and Lee Law Review
State sovereignty, once seemingly sidelined in personal jurisdiction analysis, has returned with a vengeance. Driven by the idea that states must not offend rival states in their jurisdictional reach, some justices have looked for specific targeting of individual states as individual states by the defendant in order to justify an assertion of personal jurisdiction. To allow cases to proceed based on national targeting alone, they argue, would diminish the sovereignty of any state that the defendant had specifically targeted.
This Article looks for the first time at how this emphasis on state sovereignty limits national sovereignty, especially where alien defendants …
Supervisors Without Supervision: Colon, Mckenna, And The Confusing State Of Supervisory Liability In The Second Circuit, Ryan E. Johnson
Supervisors Without Supervision: Colon, Mckenna, And The Confusing State Of Supervisory Liability In The Second Circuit, Ryan E. Johnson
Washington and Lee Law Review
This Note received the 2019 Washington and Lee Law Council Law Review Award.
This Note analyzes two intra-Second Circuit splits that make it nearly impossible for prisoners to recover against supervisors under § 1983. First, district courts in the Second Circuit are divided as to whether the five categories of personal involvement defined in Colon v. Coughlin survive the Supreme Court’s decision in Ashcroft v. Iqbal. Personal involvement by the supervisory defendant is a necessary element to impose supervisory liability. Some district courts hold that only the first and third Colon factors survive Iqbal, while others hold that all …
Categorical Confusion In Personal Jurisdiction Law, Todd Peterson
Categorical Confusion In Personal Jurisdiction Law, Todd Peterson
Washington and Lee Law Review
In Part I, the Article discusses the history of the U.S. Supreme Court’s substantive due process limitations on personal jurisdiction and, in particular, the standards for corporate-activities-based jurisdiction before the Court’s recent cases on that issue. Part II discusses the Court’s failure to provide a convincing theoretical justification for imposing substantive due process limitations on personal jurisdiction. It also discusses the consequences of that failure in three doctrinal areas of personal jurisdiction law, the traditional basis of service on an individual in the forum state, specific jurisdiction and corporate-activities-based jurisdiction. Part III then analyzes in detail the four recent Supreme …
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.
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.
Proportionality, Pretrial Confidentiality, And Discovery Sharing, Dustin B. Benham
Proportionality, Pretrial Confidentiality, And Discovery Sharing, Dustin B. Benham
Washington and Lee Law Review
No abstract provided.
I Like To Move It, Move It: Partialvenue Transfer For Less Than A Fulllegal Action, Krystal Brunner Swendsboe
I Like To Move It, Move It: Partialvenue Transfer For Less Than A Fulllegal Action, Krystal Brunner Swendsboe
Washington and Lee Law Review
No abstract provided.
The Odd State Of Twiqbal Plausibility In Pleading Affirmative Defenses , William M. Janssen
The Odd State Of Twiqbal Plausibility In Pleading Affirmative Defenses , William M. Janssen
Washington and Lee Law Review
No abstract provided.
Applying The Stored Communications Act To The Civil Discovery Of Social Networking Sites, Rudolph J. Burshnic
Applying The Stored Communications Act To The Civil Discovery Of Social Networking Sites, Rudolph J. Burshnic
Washington and Lee Law Review
No abstract provided.
Reining In The Rogue Squadron: Making Sense Of The “Original Source” Exception For Qui Tam Relators, Dayna Bowen Matthew
Reining In The Rogue Squadron: Making Sense Of The “Original Source” Exception For Qui Tam Relators, Dayna Bowen Matthew
Washington and Lee Law Review
No abstract provided.
Open The Door, Not The Floodgates: Controlling Qui Tam Litigation Under The False Claims Act, Christopher M. Alexion
Open The Door, Not The Floodgates: Controlling Qui Tam Litigation Under The False Claims Act, Christopher M. Alexion
Washington and Lee Law Review
No abstract provided.
Optimizing Qui Tam Litigation And Minimizing Fraud And Abuse: A Comment On Christopher Alexion’S Open The Door, Not The Floodgates, Timothy Stoltzfus Jost
Optimizing Qui Tam Litigation And Minimizing Fraud And Abuse: A Comment On Christopher Alexion’S Open The Door, Not The Floodgates, Timothy Stoltzfus Jost
Washington and Lee Law Review
No abstract provided.
Due Process In Civil Commitments, Alexander Tsesis
Due Process In Civil Commitments, Alexander Tsesis
Washington and Lee Law Review
In one of its most controversial decisions to date, United States v. Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof. The statute provided for the postsentencing confinement of anyone proven by "clear and convincing evidence" to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistaken evaluations about patients’ likelihood …
W(H)Ither The Jury? The Diminishing Role Of The Jury Trial In Our Legal System, Jennifer Walker Elrod
W(H)Ither The Jury? The Diminishing Role Of The Jury Trial In Our Legal System, Jennifer Walker Elrod
Washington and Lee Law Review
No abstract provided.
Filtering Through A Mess: A Proposal To Reduce The Confusion Surrounding The Requirements For Standing In False Advertising Claims Brought Under Section 43(A) Of The Lanham Act, Peter S. Massaro, Iii
Filtering Through A Mess: A Proposal To Reduce The Confusion Surrounding The Requirements For Standing In False Advertising Claims Brought Under Section 43(A) Of The Lanham Act, Peter S. Massaro, Iii
Washington and Lee Law Review
No abstract provided.
Will The Real Real Party In Interest Please Stand Up?: Applying The Capacity To Sue Rule In Diversity Cases, Benjamin J. Conley
Will The Real Real Party In Interest Please Stand Up?: Applying The Capacity To Sue Rule In Diversity Cases, Benjamin J. Conley
Washington and Lee Law Review
No abstract provided.
Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew
Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew
Washington and Lee Law Review
No abstract provided.
The Expiration Of The Civil Justice Reform Act Of 1990, Carl Tobias
The Expiration Of The Civil Justice Reform Act Of 1990, Carl Tobias
Washington and Lee Law Review
No abstract provided.
Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland
Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland
Washington and Lee Law Review
No abstract provided.
Preliminary Injunctions And The Status Quo, Thomas R. Lee
Preliminary Injunctions And The Status Quo, Thomas R. Lee
Washington and Lee Law Review
No abstract provided.
Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya
Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya
Washington and Lee Law Review
No abstract provided.
Suggestions For Circuit Court Review Of Local Procedures, Carl Tobias
Suggestions For Circuit Court Review Of Local Procedures, Carl Tobias
Washington and Lee Law Review
No abstract provided.
Erasing The Law: The Implications Of Settlements Conditioned Upon Vacatur Or Reversal Of Judgments, Michael W. Loudenslager
Erasing The Law: The Implications Of Settlements Conditioned Upon Vacatur Or Reversal Of Judgments, Michael W. Loudenslager
Washington and Lee Law Review
No abstract provided.
Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney
Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney
Washington and Lee Law Review
No abstract provided.
Civil Justice Reform In The Fourth Circuit, Carl Tobias
Civil Justice Reform In The Fourth Circuit, Carl Tobias
Washington and Lee Law Review
No abstract provided.
For The Civil Practitioner Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992
Washington and Lee Law Review
No abstract provided.