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Articles 121 - 139 of 139
Full-Text Articles in Law
Transactionalism Costs, Alan M. Trammell
Transactionalism Costs, Alan M. Trammell
Scholarly Articles
Modern civil litigation is organized around the “transaction or occurrence,” a simple and fluid concept that brings together logically related claims in one lawsuit. It was a brilliant innovation a century ago, but its time has passed. Two inherent defects always lurked within transactionalism, but modern litigation realities have exacerbated them. First, transactionalism represents a crude estimate about the most efficient structure of a lawsuit. Often that estimate turns out to be wrong. Second, the goals of transactionalism are in tension. To function properly, the transactional approach must be simultaneously flexible (when structuring a lawsuit at the beginning of litigation) …
Toil And Trouble: How The Erie Doctrine Became Structurally Incoherent (And How Congress Can Fix It), Alan M. Trammell
Toil And Trouble: How The Erie Doctrine Became Structurally Incoherent (And How Congress Can Fix It), Alan M. Trammell
Scholarly Articles
The Erie doctrine is still a minefield. It has long been a source of frustration for scholars and students, and recent case law has exacerbated the troubles. Although other scholars have noted and criticized these developments, this Article explores a deeper systemic problem that remains undeveloped in the literature. In its present form, the Erie doctrine fails to protect any coherent vision of the structural interests that supposedly are at its core—federalism, separation of powers, and equality.
This Article argues that Congress has the power to fix nearly all of these problems. Accordingly, it proposes a novel statute to revamp …
Surgeons Or Scribes? The Role Of United States Court Of Appeals Law Clerks In "Appellate Triage", Todd C. Peppers, Micheal W. Giles, Bridget Tainer-Parkins
Surgeons Or Scribes? The Role Of United States Court Of Appeals Law Clerks In "Appellate Triage", Todd C. Peppers, Micheal W. Giles, Bridget Tainer-Parkins
Scholarly Articles
Using original survey data, we explore how federal courts of appeals judges select and use their law clerks—a question that we answered in an earlier article about federal district court clerks. As with that first article, we do not intend to tackle such normative issues as whether courts of appeals law clerks possess too much influence over the judicial process or whether the selection criteria used by these judges is appropriate. What we will present, however, is descriptive data on the criteria that courts of appeals judges use to pick their law clerks as well as the tasks assigned to …
Judicial Assistants Or Junior Judges: The Hiring, Utilization, And Influence Of Law Clerks, Chad Oldfather, Todd C. Peppers
Judicial Assistants Or Junior Judges: The Hiring, Utilization, And Influence Of Law Clerks, Chad Oldfather, Todd C. Peppers
Scholarly Articles
Law clerks have been part of the American judicial system since 1882, when Supreme Court Justice Horace Gray hired a young Harvard Law School graduate named Thomas Russell to serve as his assistant. Justice Gray paid for his law clerks out of his own pocket until Congress authorized funds for the hiring of “stenographic clerks” in 1886. The Gray law clerks, however, were not mere stenographers. Justice Gray assigned them a host of legal and non-legal job duties. His clerks discussed the record and debated the attendant legal issues with Justice Gray prior to oral argument, conducted legal research, and …
Grade Incomplete: Examining The Securities And Exchange Commission's Attempt To Implement Credit Rating And Certain Corporate Governance Reforms Of Dodd-Frank, Tod Perry, Randle B. Pollard
Grade Incomplete: Examining The Securities And Exchange Commission's Attempt To Implement Credit Rating And Certain Corporate Governance Reforms Of Dodd-Frank, Tod Perry, Randle B. Pollard
Scholarly Articles
Following the financial crisis of 2007-2009, Congress passed the Dodd-Frank Act with stated goals, among others, of creating a sound economic foundation and protecting consumers. The Dodd-Frank Act creates several new agencies and restructures the financial regulatory system, yet controversies remain on the promulgation of new rules and the overall effectiveness in accomplishing the stated goals of the Act.
This Article briefly discusses the status of rulemaking by newly created agencies and the restructured financial regulatory system mandated by the Dodd- Frank Act three years after its passage. Next, we focus on certain aspects of the SEC and its charge …
Anti-Justice, Melanie D. Wilson
Anti-Justice, Melanie D. Wilson
Scholarly Articles
This Article contends that, despite their unique, ethical duty to “seek justice,” prosecutors regularly fail to fulfill this ethical norm when removed from the traditional, adversarial courtroom setting. Examples abound. For instance, in 2013, Edward Snowden leaked classified information revealing a government-operated surveillance program known as PRISM. That program allows the federal government to collect metadata from phone companies and email accounts and to monitor phone conversations. Until recently, prosecutors relied on some of this covertly acquired intelligence to build criminal cases against American citizens without informing the accused. In failing to notify defendants, prosecutors violated the explicit statutory directives …
Indistinguishable From Magic: A Wizard’S Guide To Copyright And 3d Printing, James Grimmelmann
Indistinguishable From Magic: A Wizard’S Guide To Copyright And 3d Printing, James Grimmelmann
Washington and Lee Law Review
No abstract provided.
A Continuing War With Asbestos: The Stalemate Among State Courts On Liability For Take-Home Asbestos Exposure, Meghan E. Flinn
A Continuing War With Asbestos: The Stalemate Among State Courts On Liability For Take-Home Asbestos Exposure, Meghan E. Flinn
Washington and Lee Law Review
No abstract provided.
“Kill The Sea Turtles” And Other Things You Can’T Make The Government Say , Scott W. Gaylord
“Kill The Sea Turtles” And Other Things You Can’T Make The Government Say , Scott W. Gaylord
Washington and Lee Law Review
In Pleasant Grove City v. Summum, the Supreme Court confirmed that there is no heckler’s veto under the government speech doctrine. When speaking, the government has the right to speak for itself and to select the views that it wants to express. But the Court acknowledged that sometimes it is difficult to determine whether the government is actually speaking. Specialty license plates have proven to be one of those difficult situations, raising novel and important First Amendment issues. Six circuits have reached four separate conclusions regarding the status of messages on specialty license plates. Three circuits have held that specialty …
The Dwindling Of Revlon, Lyman P.Q. Johnson, Robert Ricca
The Dwindling Of Revlon, Lyman P.Q. Johnson, Robert Ricca
Washington and Lee Law Review
No abstract provided.
U.S. Judicial Independence: Victim In The “War On Terror” , Wayne Mccormack
U.S. Judicial Independence: Victim In The “War On Terror” , Wayne Mccormack
Washington and Lee Law Review
No abstract provided.
Innovation In Teaching Llcs: Introduction, Lyman P.Q. Johnson
Innovation In Teaching Llcs: Introduction, Lyman P.Q. Johnson
Washington and Lee Law Review
No abstract provided.
Goals And Governance In Municipal Bankruptcy, Juliet M. Moringiello
Goals And Governance In Municipal Bankruptcy, Juliet M. Moringiello
Washington and Lee Law Review
The years from 2011 to 2013 were remarkable in municipal bankruptcy terms. During those years, several cities and counties took the rare step of filing for bankruptcy under Chapter 9 of the Bankruptcy Code. When Detroit filed for bankruptcy in July 2013, it became the largest city measured by both population and outstanding debt to file for Chapter 9. The recent filings challenge the conventional wisdom that Chapter 9 is poorly tailored to the rehabilitation needs of larger cities and counties. Those who have written about Chapter 9 in the past twenty years have treated Chapter 9 and state intervention …
Teaching Llcs Through A Problem-Based Approach, Michelle M. Harner, Robert J. Rhee
Teaching Llcs Through A Problem-Based Approach, Michelle M. Harner, Robert J. Rhee
Washington and Lee Law Review
No abstract provided.
Teaching Llcs By Design, Anne M. Tucker
Teaching Llcs By Design, Anne M. Tucker
Washington and Lee Law Review
No abstract provided.
Cad’S Cradle: Untangling Copyrightability, Derivative Works, And Fair Use In 3d Printing, Kyle Dolinsky
Cad’S Cradle: Untangling Copyrightability, Derivative Works, And Fair Use In 3d Printing, Kyle Dolinsky
Washington and Lee Law Review
No abstract provided.
Comment: 3d Printing, Sarah K. Wiant
Comment: 3d Printing, Sarah K. Wiant
Washington and Lee Law Review
No abstract provided.
Asbestos Wars: In Three Parts, David Partlett
Asbestos Wars: In Three Parts, David Partlett
Washington and Lee Law Review
No abstract provided.
Comment: Knowledge Circles And The Duty Of Care, Jill M. Fraley
Comment: Knowledge Circles And The Duty Of Care, Jill M. Fraley
Washington and Lee Law Review
No abstract provided.