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Articles 1 - 30 of 39
Full-Text Articles in Law
Using State And Local Governments’ Purchasing Power To Combat Wage Theft, Courtlyn G. Roser-Jones
Using State And Local Governments’ Purchasing Power To Combat Wage Theft, Courtlyn G. Roser-Jones
Washington and Lee Law Review
Regulatory efforts to curb wage theft are failing. And for good reason: these laws generally empower individual workers to pursue their rights when employers neglect to pay them what they are owed and deter employers with substantial penalties. But the vast majority of workers do not take formal action against their employers. So, when the penalties for committing wage theft are almost entirely triggered by claims workers do not bring, they do not deter employer behavior. Instead, because the likelihood of being penalized at all is so low, some employers make profit-maximizing decisions to commit wage theft on a large …
Another Collateral Consequence: Kicking The Victim When She’S Down, Lauren N. Hancock
Another Collateral Consequence: Kicking The Victim When She’S Down, Lauren N. Hancock
Washington and Lee Law Review
Every state has a victim compensation fund that provides financial relief to victims of crime who have no other way to pay for medical expenses, funeral costs, crime scene cleanup, or other costs associated with the crime. States impose their own eligibility requirements to determine which victims can receive funding. Six states prohibit victims with certain criminal histories from obtaining compensation. This means that innocent victims of crime are left with nowhere to turn because of something that they already “paid” for. This leaves victims, who are likely already in a financially precarious situation due to their felon status, with …
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 …
If A Tree Falls In A Roadway, Is Anyone Liable?: Proposing The Duty Of Reasonable Care For Virginia’S Road-Maintaining Entities, Ian J. Mcelhaney
If A Tree Falls In A Roadway, Is Anyone Liable?: Proposing The Duty Of Reasonable Care For Virginia’S Road-Maintaining Entities, Ian J. Mcelhaney
Washington and Lee Law Review
This Note considers whether a duty for road-maintaining entities is tenable under Virginia law. It also explores the rationale for imposing differing liabilities between landowners and road-maintaining entities. Part III reviews the various duties other states use with respect to dangerous roadside trees and concludes that the duty of reasonable care is most appropriate for Virginia. Sovereign immunity is a companion issue and is addressed in Part IV. The Part provides a brief overview of the policy arguments for sovereign immunity, before reviewing immunity’s impact at the state, county, and municipal levels. The Part also addresses a government employee’s entitlement …
In Search Of A Unified Theory Of The Duties Flowing From Property Ownership In Virginia: A Response To Mcelhaney’S If A Tree Falls, E. Kyle Mcnew
In Search Of A Unified Theory Of The Duties Flowing From Property Ownership In Virginia: A Response To Mcelhaney’S If A Tree Falls, E. Kyle Mcnew
Washington and Lee Law Review
In his Note, Ian McElhaney concludes that the Court got it right in Cline v. Dunlora South, LLC—that the landowner owes no duty to protect travelers on adjoining roadways from natural conditions on the landowner’s property—because the Court also got it right in Cline v. Commonwealth when it held that the Commonwealth of Virginia may have that duty instead. In the narrowest view, that is certainly a defensible position. If the case is just about natural conditions and roads, then there is intuitive appeal in saying that they are the Commonwealth’s roads; so, it is the Commonwealth’s job to make …
A Few Thoughts On “If A Tree Falls In A Roadway . . . .”, David Eggert
A Few Thoughts On “If A Tree Falls In A Roadway . . . .”, David Eggert
Washington and Lee Law Review
This Response to Ian McElhaney’s note examines (1) the background legal context that got us to where we are on falling-tree liability; (2) how this peculiar issue fits into Virginia’s general approach to the law; and (3) presents some thoughts on Mr. McElhaney’s reasoning and ultimate conclusions in urging liability for road maintainers.
Untangling The Circuit Splits Regarding Cell Tower Siting Policy And 47 U.S.C. § 332(C)(7): When Is A Denial Of One Effectively A Prohibition On All? , Lucas R. White
Untangling The Circuit Splits Regarding Cell Tower Siting Policy And 47 U.S.C. § 332(C)(7): When Is A Denial Of One Effectively A Prohibition On All? , Lucas R. White
Washington and Lee Law Review
No abstract provided.
The Public Pension Crisis , Jack M. Beermann
The Public Pension Crisis , Jack M. Beermann
Washington and Lee Law Review
Unfunded employee pension obligations will present a serious fiscal problem to state and local governments in the not-toodistant future. This Article takes a look at the causes and potential cures for the public pension mess, mainly through the lens of legal doctrines that limit public employers’ ability to avoid obligations. As far as the causes are concerned, this Article examines the political environment within which public pension promises are made and funded, as an attempt to understand how this occurred. The Article then turns to ask if states could implement meaningful reforms without violating either state or federal law. In …
Imminently Eminent: A Game Theoretic Analysis Of Takings Since Kelo V. City Of New London, Alex Hornaday
Imminently Eminent: A Game Theoretic Analysis Of Takings Since Kelo V. City Of New London, Alex Hornaday
Washington and Lee Law Review
No abstract provided.
The Better Course In The Post-Lapides Circuit Split: Eschewing The Waiver-By-Removal Rule In State Sovereignty Jurisprudence, Matthew Mcdermott
The Better Course In The Post-Lapides Circuit Split: Eschewing The Waiver-By-Removal Rule In State Sovereignty Jurisprudence, Matthew Mcdermott
Washington and Lee Law Review
No abstract provided.
The Collision Of The Takings And State Sovereign Immunity Doctrines, Eric Berger
The Collision Of The Takings And State Sovereign Immunity Doctrines, Eric Berger
Washington and Lee Law Review
No abstract provided.
New Federalism's Unanswered Question: Who Should Prosecute State And Local Officials For Political Corruption?, George D. Brown
New Federalism's Unanswered Question: Who Should Prosecute State And Local Officials For Political Corruption?, George D. Brown
Washington and Lee Law Review
No abstract provided.
Pleading To Stay In State Court: Forum Control, Federal Removal Jurisdiction, And The Amount In Controversy Requirement, Russell D. Jessee
Pleading To Stay In State Court: Forum Control, Federal Removal Jurisdiction, And The Amount In Controversy Requirement, Russell D. Jessee
Washington and Lee Law Review
No abstract provided.
Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Other Immunity Doctrines, Paul J. Heald, Michael L. Wells
Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Other Immunity Doctrines, Paul J. Heald, Michael L. Wells
Washington and Lee Law Review
No abstract provided.
Case Comments S. Sovereign Immunity Goldstar (Panama) S.A. V. United States
Case Comments S. Sovereign Immunity Goldstar (Panama) S.A. V. United States
Washington and Lee Law Review
No abstract provided.
The Material Burden Test: The Better Method Of Determining Takings Issues Arising Under Section 621(A)(2) Of The Cable Communications Policy Act Of 1984
Washington and Lee Law Review
No abstract provided.
Citizens Action Coalition Of Indiana, Inc. V. Northern Indiana Public Service Company. Should Utility Consumers Pay Now Or Pay Later?
Washington and Lee Law Review
No abstract provided.
Federal Impact Fund Deduction In State School Appropriation Formulae
Federal Impact Fund Deduction In State School Appropriation Formulae
Washington and Lee Law Review
No abstract provided.
Liddell V. Missouri: Financing The Ancillary Costs Ofpublic School Desegregation Through A Court-Orderedtax Increase, Daniel P. Shaver
Liddell V. Missouri: Financing The Ancillary Costs Ofpublic School Desegregation Through A Court-Orderedtax Increase, Daniel P. Shaver
Washington and Lee Law Review
No abstract provided.
City Of Lafayette, Louisiana V. Louisiana Power & Light Co.: Will Municipal Antitrust Liability Doom Effective State-Local Government Relations?
Washington and Lee Law Review
No abstract provided.
Municipal Liability For Riot Damage Under Eminent Domain
Municipal Liability For Riot Damage Under Eminent Domain
Washington and Lee Law Review
No abstract provided.
Political Subdivisions-Qualifications For Exclusion From The Labor-Management Relations Act
Political Subdivisions-Qualifications For Exclusion From The Labor-Management Relations Act
Washington and Lee Law Review
No abstract provided.
The Public Employee Under An Immunity Statute
The Public Employee Under An Immunity Statute
Washington and Lee Law Review
No abstract provided.
Principles Of Public Utility Regulation: Theory And Practice. By A.J.G. Priest, Charles F. Phillips, Jr.
Principles Of Public Utility Regulation: Theory And Practice. By A.J.G. Priest, Charles F. Phillips, Jr.
Washington and Lee Law Review
No abstract provided.
Constitutional Reform Fails In The Free State: The Maryland Constitutional Convention Of 1967-68*, John P. Wheeler, Jr.
Constitutional Reform Fails In The Free State: The Maryland Constitutional Convention Of 1967-68*, John P. Wheeler, Jr.
Washington and Lee Law Review
No abstract provided.
The Virginia Habitual Offender Act
The Virginia Habitual Offender Act
Washington and Lee Law Review
No abstract provided.
Annexation-Virginia's Dilemma, William L. Martin, J. E. Buchholtz
Annexation-Virginia's Dilemma, William L. Martin, J. E. Buchholtz
Washington and Lee Law Review
No abstract provided.
The Tweed Ring, By Alexander B. Callow, Jr.
The Tweed Ring, By Alexander B. Callow, Jr.
Washington and Lee Law Review
No abstract provided.
State Legislatures In American Politics, By Alexander Heard
State Legislatures In American Politics, By Alexander Heard
Washington and Lee Law Review
No abstract provided.
Arraignment, Pre-Trial Motions, And Pleas In Virginia
Arraignment, Pre-Trial Motions, And Pleas In Virginia
Washington and Lee Law Review
No abstract provided.