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W&L Law Library Annual Report 2015-2016, The Law Library At Washington And Lee University School Of Law

Law Library Annual Reports

No abstract provided.

Federalism And The Disappearing Equal Protection Rights Of Immigrants, Kevin R. Johnson

Washington and Lee Law Review Online

Jenny-Brooke Condon’s article The Preempting of Equal Protection for Immigrants? analyzes important issues surrounding the constitutional rights of immigrants. Professor Condon in essence contends that the current legislative, executive, and scholarly focus on the distribution of immigration power between the state and federal governments has undermined the Equal Protection rights of legal immigrants in the United States. Despite the contentious national debates over immigration reform, immigrants’ rights have generally been of secondary concern in contemporary immigration scholarship, which is now dominated by analysis of immigration federalism.

Professor Condon undoubtedly is correct that we should not lose sight of the rights …

Virginia Bar Exam, July 2016, Section 2

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, July 2016, Section 1

Virginia Bar Exam Archive

No abstract provided.

In Defense Of The Harmless Error Rule’S Clear And Convincing Evidence Standard: A Response To Professor Baron, Mark Glover

Washington and Lee Law Review Online

In Irresolute Testators, Clear and Convincing Wills Law, Professor Jane Baron draws attention to a conflict between the mechanics of the law of wills and the realities of testation. Baron observes that the law of wills is designed to be used as a tool by resolute and rationale testators to communicate their intent regarding the distribution of property upon death. However, the law’s archetypical testator does not represent the many real testators who are irresolute and irrational, those possessing incoherent and only partially formed thoughts regarding the disposition of their estates.

Based upon the disconnect between the law’s paradigm …

Incomplete Dispositions, Naomi Cahn

Washington and Lee Law Review Online

In Irresolute Testators, Professor Jane Baron provocatively suggests the existence of two distinct types of testators: the rational, autonomous testator who has made deliberate choices about the contents of her will and whose errors, if any, are minor; and the more vulnerable, less resolute testator who may not have actually made the final decisions enshrined in a formal will. To illustrate how these testators appear in wills law, she analyzes how courts apply the doctrines of harmless error and mistake reformation. While the two doctrines appear to be intended to help the resolute testator, courts instead, she suggests, also …

How Much Are You Worth?: A Statutory Alternative To The Unconstitutionality Of Experts’ Use Of Minority-Based Statistics, Anne M. Anderson

Washington and Lee Law Review Online

No abstract provided.

Permanent Injunctions In Patent Litigation After Ebay: An Empirical Study, Christopher B. Seaman

Scholarly Articles

The Supreme Court’s 2006 decision in eBay v. MercExchange is widely regarded as one of the most important patent law rulings of the past decade. Historically, patent holders who won on the merits in litigation nearly always obtained a permanent injunction against infringers. In eBay, the Court unanimously rejected the “general rule” that a prevailing patentee is entitled to an injunction, instead holding that lower courts must apply a four-factor test before granting such relief. Ten years later, however, significant questions remain regarding how this four-factor test is being applied, as there has been little rigorous empirical examination of …

The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl

Scholarly Articles

The United States is not a party to the International Criminal Court and this Article demonstrates that it has a complicated relationship to questions of complementarity in the Rome Statute. Federal and (to a small degree) state criminal law in the United States codifies some of the crimes that, conceptually, relate to conduct proscribed in the Rome Statute, but coverage is incomplete and jurisdiction may often be lacking. Thus, the United States is able to prosecute a limited number of ICC crimes in federal courts as such, particularly genocide, torture, and some war crimes including the recruitment or use of …

The State Of Legal Research Education: A Survey Of First-Year Legal Research Programs, Or “Why Johnny And Jane Cannot Research”, Caroline L. Osborne

Scholarly Articles

None available.

Sovereign Impunity: Why Double Jeopardy Should Apply In Puerto Rico, Colin Miller

Washington and Lee Law Review Online

On January 13th, 2016, the Supreme Court of the United States heard oral arguments in Puerto Rico v. Sanchez Valle. The question that the Court must decide is whether the federal government and the Commonwealth of Puerto Rico are separate sovereigns for purposes of the Double Jeopardy Clause. This essay argues that the Supreme Court cannot answer this question in the affirmative without overturning precedent holding that the U.S. government can unilaterally impose the Federal Death Penalty Act in Puerto Rico. In other words, the Court cannot deprive Puerto Rican citizens of the protection of the Double Jeopardy Clause …

Belmora Llc V. Bayer Consumer Care Ag—The Well-Known Marks Doctrine Reconsidered, Wee Jin Yeo

Washington and Lee Law Review Online

The territoriality principle, basic to United States trademark law, provides that foreign uses of a trademark do not give the user trademark rights in the United States. An important exception to this principle is the well-known marks doctrine, which allows a foreign user to obtain priority rights in the United States over a mark used exclusively overseas, if it has achieved a measure of renown in the United States. However, until now, it remains uncertain whether the doctrine is part of United States federal trademark law, given the split between the Ninth and the Second Circuits on the issue.

On …

Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae C. Quinn

Washington and Lee Law Review Online

In this essay, Candace Johnson and Mae Quinn respond to Tamar Birckhead’s important article The New Peonage, based, in part, on their work and experience representing youth in St. Louis, Missouri. They concur with Professor Birckhead’s conclusions about the unfortunate state of affairs in 21st century America— that we use fines, fees, and other prosecution practices to continue to unjustly punish poverty and oppressively regulate racial minorities. Such contemporary processes are far too reminiscent of historic convict leasing and Jim Crow era efforts intended to perpetuate second-class citizenship for persons of color. Johnson and Quinn add to Professor Birckhead’s …

Evolving The Irb: Building Robust Review For Industry Research, Molly Jackman, Lauri Kanerva

Washington and Lee Law Review Online

Increasingly, companies are conducting research so that they can make informed decisions about what products to build and what features to change. These data-driven insights enable companies to make responsible decisions that will improve peoples’ experiences with their products. Importantly, companies must also be responsible in how they conduct research. Existing ethical guidelines for research do not always robustly address the considerations that industry researchers face. For this reason, companies should develop principles and practices around research that are appropriate to the environments in which they operate, taking into account the values set out in law and ethics. This paper …

Beyond Irbs: Ethical Guidelines For Data Research, Omer Tene, Jules Polonetsky

Washington and Lee Law Review Online

No abstract provided.