Law Commons^™

Response To Christopher Odinet, Super- Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Peter W. Salsich Jr.

Washington and Lee Law Review Online

No abstract provided.

Is It Time To Give Up On Antitrust Law For Pro Sports?, Geoffrey Rapp

Washington and Lee Law Review Online

Professor Nathaniel Grow has produced a creative, thoroughly researched piece arguing that antitrust has failed in the context of professional sports and calling for the creation of a national-level federal regulatory agency to address anticompetitive conduct by the major leagues. I respond to his diagnosis of antitrust’s failings and to his prescription.

Local Government Finance As Integrated System: The Uneasy Case For Using Special Districts In Real Estate Finance (A Response To Odinet’S Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance), Darien Shanske

Washington and Lee Law Review Online

Local governments have long used special financing districts to build infrastructure. If a local project, say building a pocket park, is likely to increase the values of properties very close to the park, then why should those properties not pay for the park in the first place? Though efficient and fair in many cases, the use of these districts can also be problematic. For instance, it seems likely that wealthier residents, with higher property values to leverage, are especially likely to use these districts effectively. It has also been the case that developers have used these districts speculatively, which had …

The Liberal Arts In Practice, Brian C. Murchison

Scholarly Articles

None available.

Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen

Scholarly Articles

Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing.
/="/">
/="/">Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.”
/="/">
/="/">Statutory minimum recoveries for defendants’ violations of plaintiffs’ …

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.

The New Peonage, Tamar R. Birckhead

Washington and Lee Law Review

Although the Thirteenth Amendment to the Constitution formally abolished slavery and involuntary servitude in 1865, the text created an exception for the punishment of crimes “whereof the party shall have been duly convicted.” Two years later, Congress passed The Anti-Peonage Act in an attempt to prohibit the practice of coerced labor for debt. Yet, in the wake of the Civil War, Southern states innovated ways to impose peonage but avoid violations of the law, including criminal surety statutes that allowed employers to pay the court fines for indigent misdemeanants charged with minor offenses in exchange for a commitment to work. …

Rethinking Limited Liability Of Parent Corporations For Foreign Subsidiaries’ Violations Of International Human Rights Law, Gwynne Skinner

Washington and Lee Law Review

The doctrine of limited liability of shareholders often prevents victims harmed by a corporation’s foreign subsidiary’s violation of international human rights norms from obtaining a remedy when that subsidiary operates in a country that has a weak or ineffective judicial system. This is because victims are often unable to obtain a remedy in these countries, and the doctrine almost always prevents victims from seeking a remedy from the parent corporation. Given this problem, in what situations should parent corporations be liable for the tortious activities of their foreign subsidiaries? This Article discusses the circumstances where imposing liability on parent corporations …

Customized Procedure In Theory And Reality, W. Mark C. Weidemaier

Washington and Lee Law Review

Contract theory has long posited that parties can maximize contract value by manipulating the procedural rules that will apply if there is a dispute. Beyond choosing a litigation or arbitration forum, parties can allocate costs and fees, alter pleading standards, adjust evidentiary and discovery rules, and customize nearly every aspect of the adjudication process. In time, this theoretical insight became a matter of faith. The assumption that contracts routinely alter procedural rules spawned debate over the normative implications of allowing parties to dictate procedure. Only recently have a few studies suggested that this debate may lack a firm empirical foundation. …

The Player, The Video Game, And The Tattoo Artist: Who Has The Most Skin In The Game?, Jennifer L. Commander

Washington and Lee Law Review

No abstract provided.

Living In A Material World: Defining “Materiality” In The Municipal Bond Market And Rule 15c2–12, Charlotte W. Rhodes

Washington and Lee Law Review

No abstract provided.

Taxonomy Of The Snowden Disclosures, Margaret Hu

Washington and Lee Law Review

This brief Essay offers a proposed taxonomy of the Snowden Disclosures. An informed discussion on the legality and constitutionality of the emerging cybersurveillance and mass dataveillance programs revealed by former NSA contractor Edward Snowden necessitates the furtherance of cybersurveillance aptitude. This Essay contends, therefore, that a detailed examination of the Snowden disclosures requires not just a careful inquiry into the legal and constitutional framework that guides the oversight of these programs. A close interrogation also requires a careful inquiry into the big data architecture that guides them. This inquiry includes examining the underlying theories of data science and the rationales …

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Keep On Truckin', Uber: Using The Dormant Commerce Clause To Challenge Regulatory Roadblocks To Tncs, Boris Bindman

Washington and Lee Law Review Online

No abstract provided.

Raze The Debt Ceiling: A Test Case For State-Sovereign And Institutional Bondholder Litigation To Void The Debt Limit Statute, Victor Williams

Washington and Lee Law Review Online

In March 2015, the debt ceiling was hit again and sovereign default loomed. Refusing to timely raise the debt ceiling, congressional ideologues have four times pushed our nation to the brink of a catastrophic debt default in as many years. Our struggling economy is again threatened, financial institutions are again spending millions planning for default, and vulnerable citizens are once again worrying about their benefit payments. Enough is enough.

This Essay argues that nationwide bondholder litigation can void the unconstitutional debt ceiling, and it presents the first litigation in that effort. (Williams v. Lew, No. 15-1565, U.S. Court of Appeals …

Disentangling Choice Of Law For Torts And Contracts, Rick Kirgis

Washington and Lee Law Review Online

In a federal system with state lines that are easily crossed, physically and electronically, legal disputes often raise choice-of-law issues. Common among those disputes are torts and contracts cases. The courts have taken a variety of approaches to these cases, leading to inconsistent results that depend largely on which forum the plaintiff selects. Judicial fairness and economy dictate, or should dictate, that the choice-of-law issues be resolvable consistently and without unnecessarily tying up the courts or imposing large litigation costs, if it can be done in a principled manner. This article shows how it could be done.

Preventing Creditor Abuse Of Deficiency Judgements: Some Good (And Not-So-Good) Approaches, Dale A. Whitman

Washington and Lee Law Review Online

No abstract provided.

Setting Up Shop: Technology Options & Recommendations, Jennifer R. Mart-Rice, Bradford Thomas

Scholarly Articles

No abstract provided.

Virginia Bar Exam, July 2015, Section 2

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, July 2015, Section 1

Virginia Bar Exam Archive

No abstract provided.

Representation By Counsel Or Access To Defense Resources: Utah’S Single Source Approach To Indigent Defense, John P. Gross

Washington and Lee Law Review Online

The State of Utah has a unique way of providing representation in criminal cases to defendants who are too poor to hire an attorney. In Utah, there is no statewide funding or supervision of indigent defense. Each county, city, or town is responsible for creating and funding their own indigent defense delivery system. Utah is one of only two states in the United States—Pennsylvania is the other—that fails to provide state funding or oversight of indigent defense. But what makes Utah truly unique is the way in which counties and municipalities are required to structure their indigent defense delivery systems. …

Citizen Lewis Powell, David Westin

Washington and Lee Law Review Online

No abstract provided.

A Return To Reasonability: Modifying The Collateral Source Rule In Light Of Artificially Inflated Damage Awards, J. Zachary Balasko

Washington and Lee Law Review Online

No abstract provided.

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.

Table Of Contents

Washington and Lee Law Review

No abstract provided.

The Fisa Court And Article Iii, Stephen I. Vladeck

Washington and Lee Law Review

No abstract provided.

Cybersurveillance In A Free Society, Russell L. Weaver

Washington and Lee Law Review

No abstract provided.

Spying Inc., Danielle Keats Citron

Washington and Lee Law Review

The latest spying craze is the “stalking app.” Once installed on someone’s cell phone, the stalking app can provide continuous access to the phone owner’s calls, texts, snapchats, photos, calendar updates, and movements. Stalking apps destroy the privacy and confidentiality of cell phone activities. Domestic abusers and stalkers frequently turn to stalking apps because they are undetectable even to sophisticated phone owners.

Business is booming for stalking app providers, even though their entire enterprise is arguably illegal. Federal and state wiretapping laws ban the manufacture, sale, or advertisement of devices knowing their design makes them primarily useful for the surreptitious …

Defining "Foreign Affairs" In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies

Washington and Lee Law Review

No abstract provided.

Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger

Washington and Lee Law Review

No abstract provided.