Law Commons^™

Mandating Rule 11 Sanctions? Here We Go Again!, Edward D. Cavanagh

Washington and Lee Law Review Online

The House of Representatives has passed H.R. 720, a bill that would amend Rule 11 of the Federal Rules of Civil Procedure by re‑instituting mandatory sanctions for Rule 11 violations and essentially restoring Rule 11 to its contents under the 1983 amendments to the Federal Rules of Civil Procedure. The legislation would mandate imposition of monetary sanctions and eliminate any restrictions on when a Rule 11 motion could be filed. The bill would thus scuttle the 1993 Amendments, which (1) entrusted the sanctions decision to the sound discretion of the trial court; (2) provided a 21‑day safe harbor period that …

Zika, Feminism, And The Failures Of Health Policy, Johanna Bond

Washington and Lee Law Review Online

The Zika epidemic caused serious concerns about fetal health throughout Latin America and some southern states in the United States. The prevailing governmental response throughout the region continues to emphasize two disease control factors: pregnancy delay and mosquito abatement. This essay argues that the current health policy approach of the World Health Organization, the Centers for Disease Control, and various national governments fails in three primary ways. First, the approach does not adequately consider the intersection of gender and poverty; thus, the current policy fails to respond to the needs of women living in poverty. Second, the health policy response …

The Information Regulation Of Business Actors, Kishanthi Parella

Scholarly Articles

A transnational legal order (TLO) is emerging regarding the role of businesses in respecting human rights. This legal order includes multistakeholder initiatives, international organization recommendations and guidelines, NGO certifications, and other voluntary instruments. Many of the norms within this TLO are nonbinding and therefore lack mandatory compliance; what they may possess is persuasive power, particularly when the norms are developed, endorsed, and managed by reputable organizations. It is that reputational, or legitimacy, advantage that matters for encouraging industry associations to comply with the nonbinding norms associated with these organizations. Industry associations and other business actors will gravitate more towards legitimacy …

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.

Notice And Takedown In The Domain Name System: Icann’S Ambivalent Drift Into Online Content Regulation, Annemarie Bridy

Washington and Lee Law Review

No abstract provided.

Securities Regulation In Virtual Space, Eric C. Chaffee

Washington and Lee Law Review

No abstract provided.

The Professional Prospectus: A Call For Effective Professional Disclosure, Benjamin P. Edwards

Washington and Lee Law Review

No abstract provided.

Positive Externalities And The Economics Of Proximate Cause, Israel Gilead, Michael D. Green

Washington and Lee Law Review

No abstract provided.

Protecting Big Data In The Big Leagues: Trade Secrets In Professional Sports, Lara Grow, Nathaniel Grow

Washington and Lee Law Review

The protection of trade secrets within the professional sports industry became a hot-button issue in the summer of 2015, after news reports emerged revealing that officials from Major League Baseball’s St. Louis Cardinals were under federal investigation for having illegally accessed proprietary information belonging to their league rival, the Houston Astros. Indeed, professional sports teams in the United States and Canada often possess various forms of proprietary information or processes—ranging from scouting reports and statistical analyses to dietary regimens and psychological assessment techniques—giving them a potential competitive advantage over their rivals. Unfortunately, as with the rest of the economy at-large, …

On Health, Law, And Religion, Stacey A. Tovino

Washington and Lee Law Review

The Supreme Court recently decided a number of cases involving health, law, and religion, including Whole Woman’s Health v. Hellerstedt, Zubik v. Burwell, and Burwell v. Hobby Lobby Stores, Inc. These cases were important for understanding constitutional undue burden limitations and the boundaries of religious exercise during the Obama Administration. Unfortunately, the Supreme Court’s recent opinions addressing health, law, and religion have little value for many health law professors and most practicing health care attorneys. These individuals, tasked with teaching and applying the thousands of federal and state statutes, regulations, and government guidance documents that address a …

If It Quacks Like A Duck: The Financial Industry Regulatory Authority And Federal Jurisdiction, Lesesne Phillips

Washington and Lee Law Review

No abstract provided.

In Their Defense: Conflict Between The Criminal Defendant’S Right To Counsel Of Choice And The Right To Appointed Counsel, Kit Thomas

Washington and Lee Law Review

No abstract provided.

Recalibrating Judicial Renominations In The Trump Administration, Carl Tobias

Washington and Lee Law Review Online

Now that President Donald Trump has commenced the fifth month of his administration, federal courts experience 121 circuit and district court vacancies. These statistics indicate that Mr. Trump has a valuable opportunity to approve more judges than any new President. The protracted open judgeships detrimentally affect people and businesses engaged in federal court litigation, because they restrict the expeditious, inexpensive and equitable disposition of cases. Nevertheless, the White House has been treating crucial issues that mandate careful attention—specifically establishing a government, confirming a Supreme Court Justice, and keeping numerous campaign promises. How, accordingly, can President Trump fulfill these critical duties …

Getting Specific About The Policy And Tools Of Securities Regulation: A Limited Response To Diversifying To Mitigate Risk: Can Dodd–Frank Section 342 Help Stabilize The Financial Sector?, Joan Macleod Heminway

Washington and Lee Law Review Online

No abstract provided.

An Indigent Criminal Defendant Is Entitled To “An Expert Of His Own”, Fredrick E. Vars

Washington and Lee Law Review Online

The Supreme Court recently heard the case of an Alabama death row inmate, James McWilliams. A thus far overlooked argument could save his life and help level the playing field in other capital cases. The Court in 1985 promised independent expertise. Now is its chance to make good on that promise.

Data Flow Maps—Increasing Data Processing Transparency And Privacy Compliance In The Enterprise, Jeremy Berkowitz, Michael Mangold, Stephen Sharon

Washington and Lee Law Review Online

In recent years, well-known cyber breaches have placed growing pressure on organizations to implement proper privacy and data protection standards. Attacks involving the theft of employee and customer personal information have damaged the reputations of well-known brands, resulting in significant financial costs. As a result, governments across the globe are actively examining and strengthening laws to better protect the personal data of its citizens. The General Data Protection Regulation (GDPR) updates European privacy law with an array of provisions that better protect consumers and require organizations to focus on accounting for privacy in their business processes through “privacy-by-design” and “privacy …

Combating The Ninth Circuit Judicial Vacancy Crisis, Carl Tobias

Washington and Lee Law Review Online

No abstract provided.

Explaining The Persistence Of The “Ample Alternative Channels” Test, Thomas Berry

Washington and Lee Law Review Online

No abstract provided.

The Market’S Law Of Privacy: Case Studies In Privacy/Security Adoption, Chetan Gupta

Washington and Lee Law Review Online

This paper examines the hypothesis that it may be possible for individual actors in a marketplace to drive the adoption of particular privacy and security standards. It aims to explore the diffusion of privacy and security technologies in the marketplace. Using HTTPS, Two-Factor Authentication, and End-to-End Encryption as case studies, it tries to ascertain which factors are responsible for successful diffusion which improves the privacy of a large number of users. Lastly, it explores whether the FTC may view a widely diffused standard as a necessary security feature for all actors in a particular industry.

Based on the case studies …

Privacy In The Age Of Autonomous Vehicles, Ivan L. Sucharski, Philip Fabinger

Washington and Lee Law Review Online

To prepare for the age of the intelligent, highly connected, and autonomous vehicle, a new approach to concepts of granting consent, managing privacy, and dealing with the need to interact quickly and meaningfully is needed. Additionally, in an environment where personal data is rapidly shared with a multitude of independent parties, there exists a need to reduce the information asymmetry that currently exists between the user and data collecting entities. This Article rethinks the traditional notice and consent model in the context of real-time communication between vehicles or vehicles and infrastructure or vehicles and other surroundings and proposes a re-engineering …

Washington And Lee Legal Scholarship, 3rd Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship (WaLLS) Newsletter

No abstract provided.

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Property Rights And Freedom: The Keys To Improving Life In Indian Country, Adam Crepelle, Walter E. Block

Washington and Lee Journal of Civil Rights and Social Justice

American Indians are at the bottom of nearly every indicator of welfare and have been since the founding of the United States. The present paper focuses on but two of the causal agents: lack of private property rights and a dearth of economic freedom. Although addressing these issues will not solve all of Indian country’s problems, strengthening property rights and improving economic freedom will generate opportunities for American Indians to improve their economic and social well-being. This recommendation is easy to implement and aligns well with tribal culture pre-contact.

Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Current State Of Election Law In The United States, Mark Rush

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Overtime: Are Public Employees Compensated For Working Extra Hours?, Thomas P. Dematteo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

An Examination Of Trans Fat Labeling: Splitting The Third & Ninth Circuit, Jack Gainey

Washington and Lee Journal of Civil Rights and Social Justice

At first glance, consumer claims alleging misleading labeling would seem to find a simple resolution. Under 21 U.S.C. § 343, which governs misbranded food, a food product is misbranded if “its labeling is false or misleading.” However, controversial interpretation of seemingly straightforward statutory language, together with evolving case law, have blurred a once clear picture. Disagreement over the federal preemption of consumer claims regarding trans fat, underscored by a dispute regarding standing, have combined to create a divergence of opinions between courts across the country.

In 2011, the United States District Court for the Northern District of California considered a …

Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.