Law Commons^™

State Labs Of Federalism And Law Enforcement "Drone" Use, Chris Jenks

Washington and Lee Law Review

No abstract provided.

Averting The Inherent Dangers Of "Going Dark": Why Congress Must Require A Locked Front Door To Encrypted Data, Geoffrey S. Corn

Washington and Lee Law Review

No abstract provided.

Does It Stay, Or Does It Go?: Application Of The Good-Faith Exception When The Warrant Relied Upon Is Fruit Of The Poisonous Tree, Alyson M. Cox

Washington and Lee Law Review

No abstract provided.

New Limits On General Personal Jurisdiction: Examining The Retroactive Application Of Daimler In Long-Pending Cases, Brooke A. Weedon

Washington and Lee Law Review

No abstract provided.

Dangerous Dicta, David Gray

Washington and Lee Law Review

No abstract provided.

Banning Bulk: Passage Of The Usa Freedom Act And Ending Bulk Collection, Bart Forsyth

Washington and Lee Law Review

No abstract provided.

I Spy: The New Self-Cybersurveillance And The "Internet Of Things", Steven I. Friedland

Washington and Lee Law Review

Prior to the digital age, surveillance generally meant a government agent or private investigator engaged in a stakeout or observation detail that involved physical work, expense, and time. The digital age changed surveillance fundamentally. Today, we not only generate mountains of data for others, we also effectively surveil ourselves through digitally-connected, multifunctional smart devices, collectively described as the “Internet of Things.”

Cybersurveillance accessed by the government, even when started as self-surveillance, raises complex and uncertain legal issues, especially when related to the Constitution. In United States v. Kyllo, the Supreme Court was reticent to allow government agents to use …

Bitproperty, Joshua A.T. Fairfield

Scholarly Articles

Property is the law of lists and ledgers. County land records, stock certificate entries, mortgage registries, UCC filings on personal property, United States Copyright and Patent registries of interests in intellectual property, bank accounts, domain name systems, and consumers’ Kindle eBook collections in the cloud — all are merely entries in a list, determining who owns what.

Each such list has suffered under a traditional limitation. To prevent falsification or duplication, a single entity must maintain the list, and users must trust (and pay) that entity. As a result, transactions must proceed at significant expense and delay. Yet zero or …

Government-Operated Drones And Data Retention, Gregory S. Mcneal

Washington and Lee Law Review

No abstract provided.

The Case Against Federalizing Trade Secrecy, Christopher B. Seaman

Scholarly Articles

Trade secrecy is unique among the major intellectual property (IP) doctrines because it is governed primarily by state law. Recently, however, a number of influential actors — including legislators, academics, and organizations representing IP attorneys and owners — have proposed creating a private civil cause of action for trade secret misappropriation under federal law. Proponents assert that federalizing trade secrecy would provide numerous benefits, including substantive uniformity, the availability of a federal forum for misappropriation litigation, and the creation of a unified national regime governing IP rights.

This Article engages in the first systematic critique of the claim that federalizing …

O’Bannon V. National Collegiate Athletic Association: Why The Ninth Circuit Should Not Block The Floodgates Of Change In College Athletics, Michael A. Carrier, Christopher L. Sagers

Washington and Lee Law Review Online

In O’Bannon v. National Collegiate Athletic Ass’n, then-Chief Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a groundbreaking decision, potentially opening the floodgates for challenges to National Collegiate Athletic Association (NCAA) amateurism rules. The NCAA was finally put to a full evidentiary demonstration of its amateurism defense, and its proof was found emphatically wanting. We agree with Professor Edelman that O’Bannon could bring about significant changes, but only if the Ninth Circuit affirms. We write mainly to address the NCAA’s vigorous pending appeal and the views of certain amici, and to explain …

Implementation Of The Eu Directive On Environmental Impact Assessment In The Czech Republic: How Long Can The Wolf Be Tricked?, Veronika Tomoszkova

Washington and Lee Journal of Energy, Climate, and the Environment

After the Velvet Revolution in 1989, the former Czechoslovakia experienced the most enthusiastic wave of environmental law drafting in its history. The Czech Act on Environmental Impact Assessment (“EIA Act”) was among the first new environmental statutes adopted already in 1992 with the intention to harmonize Czechoslovakian law with European Union (“EU”) law and to prevent exploitation and pollution of the environment in Czechoslovakia, which in the early 1990s counted for one of the worst in the world. The hardship of transition process that hit Czechoslovakia in 1992 caused a shift from enthusiastic pro-active environmental movement towards more pragmatic approach …

Rising Seas, Receding Ethics? Why Real Estate Professionals Should Seek The Moral High Ground, Keith W. Rizzardi

Washington and Lee Journal of Energy, Climate, and the Environment

Despite the scientific consensus, some political leaders in the United States deny the need for policy making in response to sea level rise. Even in coastal Florida and Virginia, where communities face acute risks of flooding and economic damage, the problem has been denied. Land use development and real estate professionals, when discussing the subject, have a responsibility to do better than our political leaders. In fact, the ethical codes of the professions – law, architecture, engineering, planning, real estate, and corporate compliance – all demand honesty. Material facts must be disclosed, and professionals cannot conceal truth, particularly if it …

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Masthead And Front Matter

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Moving Military Energy “Behind The Fence:” Renewable Energy Generation On U.S. Defense Lands, Cameron E. Tommey

Washington and Lee Journal of Energy, Climate, and the Environment

The United States Department of Defense stands as the world’s single largest consumer of energy—domestic consumption alone by the Department amounts to nearly one percent of the United States’ total energy consumption and nearly eighty percent of the energy consumed by the Federal Government. Although a cadre of statutes, Executive Orders, and agency priorities set high goals for the introduction of renewable energy into the Department’s portfolio, it has historically failed to meet both its target for reducing facility energy use and its target for renewables integration. This Note suggests moving the Department’s energy production “behind the fence,” fixing technology …

Necessary Change: Re-Calculating Just Compensation For Environmental Benefits, Scott Salmon

Washington and Lee Journal of Energy, Climate, and the Environment

This Note is about the recent New Jersey Supreme Court case, Borough of Harvey Cedars v. Karan, and how other courts should adopt its holding of allowing all reasonably certain and calculable benefits to be considered in determining partial takings just compensation. Furthermore, it addresses the impact that the decision will have on environmental takings and its importance to the future of both property and environmental law.

The Shifting Use Of The So-Remote-As-To-Be-Negligible Standard For Qualified Conservation Contributions, Ashley H. Waterbury

Washington and Lee Journal of Energy, Climate, and the Environment

Qualified conservation contributions, also known as conservation easements, have become a subject of close scrutiny under the Internal Revenue Service within the past decade. One reason for such scrutiny is that conditions are being imposed on these contributions, testing the perpetuity requirement for conservation easement deductions. In order for a condition on the donation to survive, the condition must be “so remote as to be negligible.” The judicial interpretation of the so-remote-as-to-be-negligible standard has fluctuated since its addition to the Treasury Regulations in 1939. Most recently, the Tax Court in Graev v. Commissioner, explored the meaning of the so-remote-as-to-be-negligible standard …

An Increase In Beach Reconstruction Projects May Mean A Decrease In Property Rights: The Need For A Multi-Factor Balancing Test When Protecting Waterfront Property, Amy Forman

Washington and Lee Journal of Energy, Climate, and the Environment

In recent years, many states have struggled to come up with an adequate solution to the negative effects of climate change, specifically rising sea levels and severe storms. The most common and successful method of protection, erecting barriers on the waterfront, not only raises its own environmental concerns, but also forces the government to invade on a homeowner’s property rights for the sake of protecting the beach. Recent cases such as the Borough of Harvey Cedars v. Karan, illustrate that when courts abandon traditional property rights, it becomes easier to implement protective measures and save their waterfront properties. This protection …

The Privatization Of Antarctica, Leonid A. Krasnozhon, Pedro A. Benitez, Walter E. Block

Washington and Lee Journal of Energy, Climate, and the Environment

The seventh continent, Antarctica, is a no man’s land in terms of economic development. This is not due to its harsh weather conditions. Parts of Alaska, Canada and Russia are almost equally inhospitable. Rather, this Article argues that Antarctica’s economic isolation is the result of political paralysis and a lack of appreciation for private property rights. This Article makes the case for adding Antarctica to the family of nations, whether as one or several countries.

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Devil Is In The Details: The Supreme Court Erodes The Fourth Amendment In Applying Reasonable Suspicion In Navarette V. California, George M. Dery Iii, Kevin Meehan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Marriage, The Constitution, And The Future Of Family Law, Mark Strasser

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Private In Name Only: A Statutory And Constitutional Analysis Of Milwaukee’S Private School Voucher Program, Julie F. Mead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Military's Sexual Assault Blind Spot, Eric R. Carpenter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Revival Of Substantive Equity: Increased Household Risk, Safety Valve Litigation And Availability Of The Erisa Stock Drop Jury, James F. Parker

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.