Law Commons^™

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.

The Next Iteration Of Progressive Corporate Law, Matthew T. Bodie

Washington and Lee Law Review

No abstract provided.

Religious Conceptions Of Corporate Purpose, Ronald J. Colombo

Washington and Lee Law Review

No abstract provided.

Purposive Loyalty, Andrew S. Gold

Washington and Lee Law Review

No abstract provided.

Lyman Johnson’S Invaluable Contribution To Delaware Corporate Jurisprudence, Lawrence A. Hamermesh, Jack B. Jacobs

Washington and Lee Law Review

No abstract provided.

Shareholder Wealth Maximization As A Function Of Statutes, Decisional Law, And Organic Documents, Joan Macleod Heminway

Washington and Lee Law Review

No abstract provided.

The Shrinking Scope Of Csr In Uk Corporate Law, Andrew Johnston

Washington and Lee Law Review

Through a historical analysis of corporate law reforms in the United Kingdom (UK) during the twentieth and early twenty-first centuries, this paper traces the shrinking scope for corporations to take socially responsible decisions. It offers a detailed examination of the rationales and drivers of the reforms, and shows that, by focusing exclusively on the question of accountability of directors to shareholders, wider social concerns were “bracketed” after 1948, leading to a permanent state of “crisis,” which constantly threatens the legitimacy of the corporate law system. Following the Brexit vote, there are signs that the UK Government is willing to reconsider …

Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett H. Mcdonnell

Washington and Lee Law Review

No abstract provided.

Corporate Power Is Corporate Purpose Ii: An Encouragement For Future Consideration From Professors Johnson And Millon, Leo E. Strine Jr.

Washington and Lee Law Review

No abstract provided.

Confident Pluralism In Corporate Legal Theory, Robert K. Vischer

Washington and Lee Law Review

No abstract provided.

Effective Compliance With Antidiscrimination Law: Corporate Personhood, Purpose And Social Responsibility, Cheryl L. Wade

Washington and Lee Law Review

No abstract provided.

The Life (And Death?) Of Corporate Waste, Harwell Wells

Washington and Lee Law Review

At first glance, corporate waste makes no sense. The very definition of waste—a transaction so one-sided that no reasonable business person would enter into it, an act equivalent to gift or “spoliation”—suggests that it would never occur, for what corporation would ever enter into a transaction so absurd? Yet waste claims are regularly made against corporate managers. Respected judges have downplayed waste as a “vestige” and described it as “possibly non-existent,” the Loch Ness monster of corporate law; but waste survives. It is a remnant of ultra vires, a doctrine proclaimed largely dead for the last hundred years—but waste is …

Looking Back, Looking Forward: Personal Reflections On A Scholarly Career, David K. Millon

Washington and Lee Law Review

No abstract provided.

Reflecting On Three Decades Of Corporate Law Scholarship, Lyman P.Q. Johnson

Washington and Lee Law Review

No abstract provided.

Tribute To Professor Margaret Howard, Neil P. Olack, Geoffrey L. Berman, Eric D. Chapman, Shane Vandenberg, Joshua A.T. Fairfield, Lois R. Lupica, Ann Maclean Massie, Denise Neary, Nancy B. Rapoport, Charles J. Tabb, Eugene R. Wedoff, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.

Tribute To Professor Sally Wiant, Laura N. Gasaway, James Heller, Ann Maclean Massie, Brian C. Murchison, Caroline L. Osborne, Christopher B. Seaman, Joan Shaughnessy, Joseph A. Ulrich, Christopher Wolf

Washington and Lee Law Review

No abstract provided.

The Fiduciary Enterprise Of Corporate Law, Christopher M. Bruner

Washington and Lee Law Review

No abstract provided.

Corporate Officers As Agents, Deborah A. Demott

Washington and Lee Law Review

No abstract provided.

Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire A. Hill

Washington and Lee Law Review

No abstract provided.

Corporate Governance As Moral Psychology, Alan R. Palmiter

Washington and Lee Law Review

No abstract provided.

Civil Asset Forfeiture In Virginia: An Imperfect System, James Simon

Washington and Lee Law Review

No abstract provided.

Bringing Racial Justice To The Courtroom And Community: Race Matters For Juvenile Justice And The Charlotte Model, Susan Mccarter, Elisa Chinn-Gary, Louis A. Trosch, Jr., Ahmed Toure, Abraham Alsaeedi, Jennifer Harrington

Washington and Lee Law Review Online

This article describes regional institutional organizing efforts to bring racial justice to the Charlotte courts and community through a collaborative called Race Matters for Juvenile Justice (RMJJ). The authors explain community and institutional organizing in-depth using the example of minority overrepresentation in the juvenile justice system, but recognize the pervasiveness of racial and ethnic disparities. Moreover, as the Race Matters for Juvenile Justice-Charlotte Model has gained national prominence, many jurisdictions seek to replicate the collaborative and the authors, therefore, provide RMJJ’s history as well as strategies for changing the narrative through communication and education, workforce development, data and research, community …

The Limits Of Gatekeeper Liability, Andrew F. Tuch

Washington and Lee Law Review Online

No abstract provided.

Patent Injunctions On Appeal: An Empirical Study Of The Federal Circuit's Application Of Ebay, Christopher B. Seaman, Ryan T. Holte

Scholarly Articles

More than ten years after the United States Supreme Court’s landmark decision in eBay v. MercExchange, the availability of injunctive relief in patent cases remains hotly contested. For example, in a recent decision in the long-running litigation between Apple and Samsung, members of the United States Court of Appeals for the Federal Circuit divided sharply on whether an injunction was warranted to prevent Samsung from continuing to infringe several smartphone features patented by Apple. To date, however, nearly all empirical scholarship regarding eBay has focused on trial court decisions, rather than the Federal Circuit.

This Article represents the first …

The Quality Of Mercy, Paul Rosenzweig

Washington and Lee Law Review Online

No abstract provided.

Virginia Bar Exam, February 2017, Section 1

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, February 2017, Section 2

Virginia Bar Exam Archive

No abstract provided.

Changing The Culture Of Disclosure And Forensics, Valena Beety

Washington and Lee Law Review Online

This Essay responds to Professor Brandon Garrett’s Constitutional Regulation of Forensic Evidence, and, in particular, his identification of the dire need to change the culture of disclosing forensic evidence. My work on forensics is—similarly to Garrett’s—rooted in both scholarship and litigation of wrongful convictions. From this perspective, I question whether prosecutors fully disclose forensics findings and whether defense attorneys understand these findings and their impact on a client’s case. To clarify forensic findings for the entire courtroom, this Essay suggests increased pre-trial discovery and disclosure of forensic evidence and forensic experts. Forensic analysts largely work in police-governed labs; therefore, …

Post-Trial Plea Bargaining And Predictive Analytics In Public Law, Harold J. Krent

Washington and Lee Law Review Online

Adam Gershowitz’s article calling for post-trial plea bargaining in capital cases reasons that governors should commute sentences to life in prison, in exceptional cases, to limit the costs of protracted post-trial litigation over imposition of the death penalty. The commutation power, in his view, resembles pre-trial plea bargaining in that both the state and the criminal defendant can benefit—the state saves resources while the defendant gets off death row.

Gershowitz’s article, therefore, affords a window into the increasing use of predictive analytics in deciding whether to bring or resolve litigation. Sifting through data on all prior capital cases can yield …