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Washington and Lee University School of Law

2005

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Articles 31 - 60 of 103

Full-Text Articles in Law

Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew Jun 2005

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.


Taking It Out Of Neutral: The Application Of Locke's Substantial Interest Test To The School Voucher Debate, Sarah Waszmer Jun 2005

Taking It Out Of Neutral: The Application Of Locke's Substantial Interest Test To The School Voucher Debate, Sarah Waszmer

Washington and Lee Law Review

No abstract provided.


Congress Gave And Congress Hath Taken Away:1 Jurisdiction Withdrawal And The Constitution, Travis Christopher Barham Jun 2005

Congress Gave And Congress Hath Taken Away:1 Jurisdiction Withdrawal And The Constitution, Travis Christopher Barham

Washington and Lee Law Review

No abstract provided.


Institutions, Incentives, And Consumer Bankruptcy Reform, Todd J. Zywicki Jun 2005

Institutions, Incentives, And Consumer Bankruptcy Reform, Todd J. Zywicki

Washington and Lee Law Review

No abstract provided.


Beyond The Margin Of Litigation: Reforming U.S. Election Administration To Avoid Electoral Meltdown, Richard L. Hasen Jun 2005

Beyond The Margin Of Litigation: Reforming U.S. Election Administration To Avoid Electoral Meltdown, Richard L. Hasen

Washington and Lee Law Review

No abstract provided.


Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah Jun 2005

Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah

Washington and Lee Law Review

No abstract provided.


Search Engines And Internet Advertisers: Just One Click Away From Trademark Infringement?, Lauren Troxclair Jun 2005

Search Engines And Internet Advertisers: Just One Click Away From Trademark Infringement?, Lauren Troxclair

Washington and Lee Law Review

No abstract provided.


Taxing The Promise To Pay, Brant J. Hellwig, Gregg D. Polsky Apr 2005

Taxing The Promise To Pay, Brant J. Hellwig, Gregg D. Polsky

Scholarly Articles

The IRS recently disclosed that it has identified more than 100 executives at 42 leading public corporations that participated in a tax shelter designed to defer the recognition of income from the exercise of stock options. While the agency thus far has identified approximately $700 million in unreported gains from these shelters, it predicts that the revenue loss to the government will ultimately exceed $1 billion. Compared to most tax shelters, this particular transaction (commonly known as the "Executive Compensation Strategy" or "ECS") is remarkably simple. Rather than exercise the options individually, a participating executive instead transfers the options to …


Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla Mar 2005

Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla

Scholarly Articles

Not available.


Money Talks: An Indigent Defendant's Right To An Ex Parte Hearing For Expert Funding, Justin B. Shane Mar 2005

Money Talks: An Indigent Defendant's Right To An Ex Parte Hearing For Expert Funding, Justin B. Shane

Capital Defense Journal

No abstract provided.


Smith V. Texas 125 S. Ct. 400 (2004) Mar 2005

Smith V. Texas 125 S. Ct. 400 (2004)

Capital Defense Journal

No abstract provided.


United States V. Barnette 393 F.3d 775 (4th Cir. 2004) Mar 2005

United States V. Barnette 393 F.3d 775 (4th Cir. 2004)

Capital Defense Journal

No abstract provided.


Mchone V. Polk 392 F.3d 691 (4th Cir. 2004) Mar 2005

Mchone V. Polk 392 F.3d 691 (4th Cir. 2004)

Capital Defense Journal

No abstract provided.


Respondeat Superior, Intentional Torts, And Clergy Sexual Misconduct: The Implications Of Fearing V. Bucher, Michael J. Sartor Mar 2005

Respondeat Superior, Intentional Torts, And Clergy Sexual Misconduct: The Implications Of Fearing V. Bucher, Michael J. Sartor

Washington and Lee Law Review

No abstract provided.


Ask And The Commonwealth Shall Receive: The Imbalance Of Virginia's Mental Health Expert Statute, Mark J. Goldsmith Mar 2005

Ask And The Commonwealth Shall Receive: The Imbalance Of Virginia's Mental Health Expert Statute, Mark J. Goldsmith

Capital Defense Journal

No abstract provided.


Death By Ambush: A Plea For Discovery Of Evidence In Aggravation, Tamara L. Graham Mar 2005

Death By Ambush: A Plea For Discovery Of Evidence In Aggravation, Tamara L. Graham

Capital Defense Journal

No abstract provided.


"Continuing Threat" To Whom?: Risk Assessment In Virginia Capital Sentencing Hearings, Jessica M. Tanner Mar 2005

"Continuing Threat" To Whom?: Risk Assessment In Virginia Capital Sentencing Hearings, Jessica M. Tanner

Capital Defense Journal

No abstract provided.


Bell V. Cone 125 S. Ct. 847 (2005) Mar 2005

Bell V. Cone 125 S. Ct. 847 (2005)

Capital Defense Journal

No abstract provided.


Florida V. Nixon 125 S. Ct. 551 (2004) Mar 2005

Florida V. Nixon 125 S. Ct. 551 (2004)

Capital Defense Journal

No abstract provided.


Humphries V. Ozmint No. 03-14, 2005 Wl 267962, At *1 (4th Cir. Feb. 4, 2005) Mar 2005

Humphries V. Ozmint No. 03-14, 2005 Wl 267962, At *1 (4th Cir. Feb. 4, 2005)

Capital Defense Journal

No abstract provided.


Kandies V. Polk 385 F.3d 457 (4th Cir. 2004) Mar 2005

Kandies V. Polk 385 F.3d 457 (4th Cir. 2004)

Capital Defense Journal

No abstract provided.


Walker V. True 399 F.3d 315 (4th Cir. 2005) Mar 2005

Walker V. True 399 F.3d 315 (4th Cir. 2005)

Capital Defense Journal

No abstract provided.


Riner V. Commonwealth 601 S.E.2d 555 (Va. 2004) Mar 2005

Riner V. Commonwealth 601 S.E.2d 555 (Va. 2004)

Capital Defense Journal

No abstract provided.


Winston V. Commonwealth 604 S.E.2d 21 (Va. 2004) Mar 2005

Winston V. Commonwealth 604 S.E.2d 21 (Va. 2004)

Capital Defense Journal

No abstract provided.


Mapes V. Tate 388 F.3d 187 (6th Cir. 2004) Mar 2005

Mapes V. Tate 388 F.3d 187 (6th Cir. 2004)

Capital Defense Journal

No abstract provided.


The Law Of Unintended Consequences: The Digital Millennium Copyright Act And Interoperability, Jacqueline Lipton Mar 2005

The Law Of Unintended Consequences: The Digital Millennium Copyright Act And Interoperability, Jacqueline Lipton

Washington and Lee Law Review

The Digital Millennium Copyright Act (DMCA) has been criticized for many reasons, including its impact on the fair use defense to copyright infringement, and its potential to chill the free exchange of scientific, technical, and educational information. Law professors and special interest groups have opposed elements of the DMCA from its inception and continue to lobby for reform. One of the more recent concerns about the DMCA involves the incorporation of copyrightable software code into tangible goods for purposes related to the functionality of those goods. Some manufacturers of such products recently have attempted to use the DMCA to prevent …


The New Map: The Supreme Court's Guide To Curing Thirty Years Of Confusion In Erisa Savings Clause Analysis, Matthew O. Gatewood Mar 2005

The New Map: The Supreme Court's Guide To Curing Thirty Years Of Confusion In Erisa Savings Clause Analysis, Matthew O. Gatewood

Washington and Lee Law Review

No abstract provided.


Saving The Family Farm Through Federal Tax Policy: Easier Said Than Done Alex, Alex E. Snyder Mar 2005

Saving The Family Farm Through Federal Tax Policy: Easier Said Than Done Alex, Alex E. Snyder

Washington and Lee Law Review

No abstract provided.


Internet Hate Speech: The European Framework And The Emerging American Haven, Christopher D. Van Blarcum Mar 2005

Internet Hate Speech: The European Framework And The Emerging American Haven, Christopher D. Van Blarcum

Washington and Lee Law Review

No abstract provided.


Taxing Nonprofits Out Of Business, Diane L. Fahey Mar 2005

Taxing Nonprofits Out Of Business, Diane L. Fahey

Washington and Lee Law Review

In the last twenty years, the number of nonprofit organizations has exploded; there are more than 1.2 million organizations registered with the Internal Revenue Service. Donations and government grants have decreased, while at the same time, nonprofits are facing increasing demands on their services. As a result, nonprofit organizations have been forced to devise new strategies for acquiring funds. Some nonprofit organizations have resorted to renting their mailing lists to businesses and other nonprofit organizations and have licensed their names and logos to be displayed on affinity credit cards offered by banks to consumers. Nonprofit organizations have argued that these …