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Articles 1441 - 1470 of 6932
Full-Text Articles in Law
Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment, Thayer Case
Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment, Thayer Case
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
“Justice Is What Love Looks Like In Public”: How The Affordable Care Act Falls Short On Transgender Health Care Access, Rachel C. Kurzweil
“Justice Is What Love Looks Like In Public”: How The Affordable Care Act Falls Short On Transgender Health Care Access, Rachel C. Kurzweil
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Digital Value Transfer Systems, Edward Castronova
Digital Value Transfer Systems, Edward Castronova
Washington and Lee Law Review Online
A “digital value transfer system” (DVT) is a computer program that moves purchasing power from one person to another by exchanging different forms of virtual currency. In this Essay, I will give examples of DVTs and explain how they work. Then I will use the economic theory of budgets to explain how DVTs increase the liquidity and reach of all forms of virtual money. In effect, DVTs make all forms of currency, from dollars to frequent-flyer miles, essentially equivalent in terms of purchasing power. I conclude with a brief discussion of the possible implications of DVTs for the economy and …
Dynamic Common Law And Technological Change: The Classification Of Bitcoin, Shawn Bayern
Dynamic Common Law And Technological Change: The Classification Of Bitcoin, Shawn Bayern
Washington and Lee Law Review Online
Most legal analysis of Bitcoin has addressed public-law and regulatory matters, such as taxation, securities regulation, and money laundering. This essay considers some questions that Bitcoin raises from a private-law perspective, and it aims to show that technological innovation may highlight problems with conceptualistic, classical rules of private law.
Smart Contracts, Bitcoin Bots, And Consumer Protection, Joshua A.T. Fairfield
Smart Contracts, Bitcoin Bots, And Consumer Protection, Joshua A.T. Fairfield
Washington and Lee Law Review Online
Trustless public ledgers (“TPLs”)—the technology underneath Bitcoin—do more than just create online money. The technology permits people to directly exchange money for what they want, with no intermediaries, such as credit card companies. Contract law is the law of bargained-for exchange, so a technology that enables direct exchange online will change the reality of online contracting. The current problem with consumer contracting online is that courts and companies have collaborated to create an online system in which consumers cannot bargain. Under the current regime, consumers have no choice but to click the “I Accept” button. Online, contract law is not …
Did New York State Just Anoint Virtual Currencies By Proposing To Regulate Them, Or Will Regulation Spoil Them For Some?, Sarah Jane Hughes
Did New York State Just Anoint Virtual Currencies By Proposing To Regulate Them, Or Will Regulation Spoil Them For Some?, Sarah Jane Hughes
Washington and Lee Law Review Online
This Essay previews issues raised by the general subject of regulating virtual currencies and the specific efforts of New York State’s Department of Financial Services’ proposed Virtual Currency Regulatory Framework (the BitLicense) in particular. It focuses on five topics in the proposal and their interplay with the current regulation of “money services” and “money transmission” in other states, using the Commonwealth of Virginia and the State of Washington approaches on a few common topics for comparison purposes. It also asks whether regulation of virtual currencies is likely to cause more widespread adoption of virtual currencies or to frustrate the proponents …
Combatting Cyber-Attacks Through National Interest Diplomacy: A Trilateral Treaty With Teeth, Lawrence L. Muir Jr.
Combatting Cyber-Attacks Through National Interest Diplomacy: A Trilateral Treaty With Teeth, Lawrence L. Muir Jr.
Washington and Lee Law Review Online
In May 2014, the Federal Bureau of Investigation indicted five Chinese nationals for cybercrimes against American companies. That indictment was an impotent response. The United States has no extradition treaty with China, and the defendants will in all likelihood never be tried in the United States. The inefficacy of the indictments highlights a larger problem: State-controlled cyberunits can act with impunity under the present mix of international and domestic law. No laws govern conduct between nation-states, and, thus, neither victims nor nation-states have recourse against violators. This Article suggests that the United States should pursue national interest diplomacy to triangulate …
Revisiting The 1938 Rules Experiment, Paul V. Niemeyer
Revisiting The 1938 Rules Experiment, Paul V. Niemeyer
Washington and Lee Law Review
No abstract provided.
Proportionality, Pretrial Confidentiality, And Discovery Sharing, Dustin B. Benham
Proportionality, Pretrial Confidentiality, And Discovery Sharing, Dustin B. Benham
Washington and Lee Law Review
No abstract provided.
The District Court Decision In O’Bannon V. National Collegiate Athletic Association: A Small Step Forward For College-Athlete Rights, And A Gateway For Far Grander Change, Marc Edelman
Washington and Lee Law Review
No abstract provided.
The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock
The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock
Washington and Lee Law Review
Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class were treated differently than other employees or applicants. It can also help a defendant rebut such a claim by showing that differential treatment was due to characteristics other than being a member of a protected class. Yet, too often, opposing experts present invalid rebuttal evidence that the jury …
I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino
I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino
Washington and Lee Law Review
In its broadest sense, this Article examines the complex relationship between population booms, doctor shortages, and United States government financing of graduate medical education (GME). More specifically, this Article argues that current rules governing the calculation of Medicare payments to teaching hospitals for the costs of GME are based on cost, population, and other data that are no longer relevant. As applied, these formulas discriminate in favor of the nation’s oldest teaching hospitals, located in New England and the Middle Atlantic, and against current and future teaching hospitals located in growing population centers, especially regions in the South and West. …
Taking Back The Internet: Imposing Civil Liability On Interactive Computer Services In An Attempt To Provide An Adequate Remedy To Victims Of Nonconsensual Pornography, Amanda L. Cecil
Washington and Lee Law Review
No abstract provided.
Blurred Lines: Analyzing An Attorney’S Duties To A Fiduciary-Client’S Beneficiaries, Daniel R. Nappier
Blurred Lines: Analyzing An Attorney’S Duties To A Fiduciary-Client’S Beneficiaries, Daniel R. Nappier
Washington and Lee Law Review
No abstract provided.
Mad Money: Rethinking Private Placements, Abraham J.B. Cable
Mad Money: Rethinking Private Placements, Abraham J.B. Cable
Washington and Lee Law Review
Currently, regulations try to limit unregistered sales of stock (private placements) to the “smart money,” either by informing investors through disclosure or excluding unsophisticated investors from the market. In theory, these smart-money approaches promote the dual goals of capital formation and investor protection. But in practice, regulators have struggled to craft effective disclosure or screening mechanisms. In light of these failures, this Article advocates for a new approach—investment caps that allow every investor a limited amount of “mad money” to invest in risky private placements. This mad-money approach can protect investors by encouraging basic diversification and liquidity, while advancing capital …
Aereo And Filmon: Technology’S Latest Copyright War And Why Aereo Should Survive, Krista Consiglio
Aereo And Filmon: Technology’S Latest Copyright War And Why Aereo Should Survive, Krista Consiglio
Washington and Lee Law Review
No abstract provided.
Virginia Bar Exam, July 2014, Section 2
Virginia Bar Exam, July 2014, Section 2
Virginia Bar Exam Archive
No abstract provided.
Virginia Bar Exam, July 2014, Section 1
Virginia Bar Exam, July 2014, Section 1
Virginia Bar Exam Archive
No abstract provided.
Digital Innocence, Joshua A.T. Fairfield, Erik Luna
Digital Innocence, Joshua A.T. Fairfield, Erik Luna
Scholarly Articles
Recent revelations have shown that almost all online activity and increasing amounts of offline activity are tracked using Big Data and data mining technologies. The ensuing debate has largely failed to consider an important consequence of mass surveillance: the obligation to provide access to information that might exonerate a criminal defendant. Although information technology can establish innocence—an ability that will only improve with technological advance—the fruits of mass surveillance have been used almost exclusively to convict. To address the imbalance and inform public dialogue, this Article develops the concept of “digital innocence” as a means of leveraging the tools of …
The State, Parents, Schools, "Culture Wars", And Modern Technologies: Challenges Under The U.N. Convention On The Rights Of A Child, Nora V. Demleitner
The State, Parents, Schools, "Culture Wars", And Modern Technologies: Challenges Under The U.N. Convention On The Rights Of A Child, Nora V. Demleitner
Scholarly Articles
This paper focuses on some of the core principles of the U.N. Convention on the Rights of the Child and their application under U.S. state and federal law. While the United States has not ratified the Convention, it is a signatory. Many of the most intractable cultural issues in the United States involve children and their rights to participation, information, and decision-making. Frequently, primary and secondary education presents a fertile battle ground for “cultural clashes” between parents, schools, and state officials. In the private context, both U.S. law and the U.N. Convention have adopted the “best interests of the child” …
Sentencing Inequality Versus Sentencing Injustice, Melanie D. Wilson
Sentencing Inequality Versus Sentencing Injustice, Melanie D. Wilson
Scholarly Articles
Women lag behind men in pay for equal work and in positions of prestigious employment, such as chief executive officers at Fortune 500 companies and presidents of colleges and universities. Women also suffer conscious and subconscious negative bias from both men and women in positions to evaluate an applicant's capabilities and potential, making it less likely that an employer or mentor will choose a woman instead of a man. In contrast to these and many other contexts, our federal criminal justice system regularly favors women over men. Empirical studies show that this lenient treatment begins with prosecutors and law enforcement …
Why Lawyers Do What They Do (When Behaving Ethically), James E. Moliterno
Why Lawyers Do What They Do (When Behaving Ethically), James E. Moliterno
Scholarly Articles
Since the early 1990s, when David Wilkins published his influential paper “Who Should Govern Lawyers” in the Harvard Law Review, legal ethics scholars and professors have paid attention to the range of processes and devices that govern lawyer behavior. This Article will report on the results of a study currently underway that seeks to provide empirical evidence to answer the question posed in this Article’s title: Do lawyers train staff in confidentiality preservation because they fear bar discipline? Because they fear malpractice liability? Because they must comply with malpractice liability carrier demands? Because they honor client confidences for their own …
Dynamic Forest Federalism, Blake Hudson
Dynamic Forest Federalism, Blake Hudson
Washington and Lee Law Review
State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has shifted toward multilevel governance known as “dynamic federalism” for many if not most regulatory subject areas, especially in the context of the natural environment. The nation has done so both legally and politically—the constitutional validity of expanded federal regulatory authority over resources has consistently been …
Polymorphous Public Law Litigation:The Forgotten History Of Nineteenth Century Public Law Litigation, David Sloss
Polymorphous Public Law Litigation:The Forgotten History Of Nineteenth Century Public Law Litigation, David Sloss
Washington and Lee Law Review
Recent debates about popular constitutionalism and judicial supremacy have focused on the question of who interprets the Constitution. This Article reframes the debate by asking what legal sources courts apply to protect individual rights from government infringement. Throughout the nineteenth century, federal courts applied a mix of international law, statutory, and common law to protect fundamental rights and restrain government action. This Article uncovers the forgotten history of nineteenth century public law litigation. Professors Post and Siegel have advocated “policentric constitutional interpretation,” wherein the Supreme Court shares authority for constitutional interpretation with other actors. By analogy, this Article introduces the …
Regulatory Monopoly And Differential Pricing In The Market For Patents , Neel U. Sukhatme
Regulatory Monopoly And Differential Pricing In The Market For Patents , Neel U. Sukhatme
Washington and Lee Law Review
Patents are limited-term monopolies awarded to inventors to incentivize innovation. But there is another monopoly that has been largely overlooked at the heart of patent law: the monopoly of the U.S. Patent and Trademark Office (PTO) over the granting of patents. This Article addresses this topic by developing the notion of a regulatory monopoly, where a single governmental actor has the power to set prices in a regulatory area. The Article explains how regulatory monopolists like the PTO could enhance social welfare via differential pricing—by charging regulated entities differing fees based on their willingness and ability to pay. In particular, …
Avoiding The Nuclear Option: Balancing Borrower And Lender Rights Under The Truth In Lending Act’S Right Of Rescission , Jonathan L. Caulder
Avoiding The Nuclear Option: Balancing Borrower And Lender Rights Under The Truth In Lending Act’S Right Of Rescission , Jonathan L. Caulder
Washington and Lee Law Review
No abstract provided.
Stayin’ Alive?: Bg Group, Plc V. Republic Of Argentina And The Vitality Of Host-Country Litigation Requirements In Investment Treaty Arbitration, Stephen R. Halpin Iii
Stayin’ Alive?: Bg Group, Plc V. Republic Of Argentina And The Vitality Of Host-Country Litigation Requirements In Investment Treaty Arbitration, Stephen R. Halpin Iii
Washington and Lee Law Review
No abstract provided.
Facing Down The Trolls: States Stumble On The Bridge To Patent-Assertion Regulation , David Lee Johnson
Facing Down The Trolls: States Stumble On The Bridge To Patent-Assertion Regulation , David Lee Johnson
Washington and Lee Law Review
No abstract provided.
Five-Star Exclusion: Modern Silicon Valley Companies Are Pushing The Limits Of Section 119 By Providing Tax-Free Meals To Employees , Austin L. Lomax
Five-Star Exclusion: Modern Silicon Valley Companies Are Pushing The Limits Of Section 119 By Providing Tax-Free Meals To Employees , Austin L. Lomax
Washington and Lee Law Review
No abstract provided.
Shelby And Section 3: Pulling The Voting Rights Act’S Pocket Trigger To Protect Voting Rights After Shelby County V. Holder, Paul M. Wiley
Shelby And Section 3: Pulling The Voting Rights Act’S Pocket Trigger To Protect Voting Rights After Shelby County V. Holder, Paul M. Wiley
Washington and Lee Law Review
No abstract provided.