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Articles 1 - 7 of 7

Full-Text Articles in Law

Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr. Sep 2009

Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.

Washington and Lee Law Review

No abstract provided.


Road To Nowhere Or Jurisprudential U-Turn? The Intersection Of Punitive Damage Class Actions And The Due Process Clause, James M. Underwood Mar 2009

Road To Nowhere Or Jurisprudential U-Turn? The Intersection Of Punitive Damage Class Actions And The Due Process Clause, James M. Underwood

Washington and Lee Law Review

This Article analyzes the likely impact of recent Supreme Court jurisprudence applying substantive and procedural due process limits on punitive damage awards to class action punitive damage Lawsuits. In BMW v. Gore and State Farm v. Campbell the Supreme Court adopted a tripartite analysis to determine whether punitive damage awards were excessive under the Due Process Clause. Just last year in Philip Morris v. Williams the Court took a step further by imposing the additional 'procedural" limitation that requires trial courts to take steps to ensure that juries do not punish a tortfeasor through an award ofpunitive damages in one …


The Elephant In The Seventh Circuit: A Modified Approach To The Minimal Suspicion Standard, Gregory L. Schinner Mar 2009

The Elephant In The Seventh Circuit: A Modified Approach To The Minimal Suspicion Standard, Gregory L. Schinner

Washington and Lee Law Review

No abstract provided.


A Check On Faint-Hearted Presidents: Letters Of Marque And Reprisal, William Young Mar 2009

A Check On Faint-Hearted Presidents: Letters Of Marque And Reprisal, William Young

Washington and Lee Law Review

No abstract provided.


Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun Jan 2009

Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun

Scholarly Articles

Professor Geoffrey Stone’s Essay, The World of the Framers: A Christian Nation?, seeks to state “the truth about . . . what [the Framers] believed, and about what they aspired to when they created this nation.” Doing so will accomplish Professor Stone’s main objective, helping us to understand what “the Constitution allows” on a host of controversial public policy issues. Regrettably, Professor Stone’s effort is unsuccessful. Although he clearly tried to be fair in his historical account, the Essay ultimately presents a misleading view of the Framers’ perspective on the proper relationship between religion and the state.


Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla Jan 2009

Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla

Scholarly Articles

Not available.


Is The Family A Federal Question?, Meredith Johnson Harbach Jan 2009

Is The Family A Federal Question?, Meredith Johnson Harbach

Washington and Lee Law Review

There has long been conflict over the relationship between the states and the federal system vis-i-vis the family. The traditional account of domestic relations describes family Law as the exclusive domain of the states, andfederal courts have credited this account in the "domestic relations exception." Although scholars have analyzed and critiqued the exception's applicability to diversity jurisdiction, the intersection offederal question jurisdiction and this exception remains largely unexplored. This Article describes and critiques, on both instrumental and deeper normative terms, federal courts' willingness to expand the "domestic relations exception" to include federal question cases. The Article proceeds in three parts. …