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Washington and Lee University School of Law

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Articles 1561 - 1590 of 6932

Full-Text Articles in Law

“Turn On The Lights”—Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad Sep 2013

“Turn On The Lights”—Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad

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

Hydrokinetic energy is an under-recognized, low-cost renewable technology that can be deployed in Pakistan through a robust national energy strategy and international investment schemes to tackle the country’s acute energy crisis. This article will show how national and local laws can be amended to favor progress in the sustainable energy sector and achieve hydrokinetic energy production in Pakistan, which if actualized, would be nothing short of a game changer—strategically and environmentally. Despite current legal regimes that disfavor small scale hydroelectric power production, Pakistan and other less developed countries can adapt and deploy hydrokinetic technology through revamped investment laws, regulatory rules, …


“To Comply Or Not To Comply?” An Argument In Favor Of Increasing Investigation And Enforcement Of Marpol Annex I Violations, Katriel Statman Sep 2013

“To Comply Or Not To Comply?” An Argument In Favor Of Increasing Investigation And Enforcement Of Marpol Annex I Violations, Katriel Statman

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

The 1973 International Convention for the Prevention of Pollution from Ships and the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) seek to protect the world’s oceans from environmental harms. Traditional maritime law, principles of international law, and difficulties in detecting violations of MARPOL 73/78 have made it difficult for nations to enforce the strict requirements regarding oil pollution under Annex I. In light of these difficulties, the United States authorities have used other means under United States law to prosecute these violations. This note argues that while the United States’ …


Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History, Amara S. Chaudhry-Kravitz Sep 2013

Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History, Amara S. Chaudhry-Kravitz

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Masthead Sep 2013

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Copyright Sep 2013

Copyright

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Sep 2013

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note Sep 2013

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The New Facially Neutral “Anti-Shariah” Bills: A Constitutional Analysis, Amara S. Chaudhry-Kravitz Sep 2013

The New Facially Neutral “Anti-Shariah” Bills: A Constitutional Analysis, Amara S. Chaudhry-Kravitz

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Holy Land Foundation Case: The Collapse Of American Justice, Hollander Nancy Sep 2013

The Holy Land Foundation Case: The Collapse Of American Justice, Hollander Nancy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Deciphering The Divine: An Unmasking Of Islamic Law, Hamid Khan Sep 2013

Deciphering The Divine: An Unmasking Of Islamic Law, Hamid Khan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin Sep 2013

The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker Sep 2013

Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Young Sex Offender Debacle: The Continued Need For Changes To Juvenile Sex Offender Registry Requirements, Samantha Brewster-Owens Sep 2013

The Young Sex Offender Debacle: The Continued Need For Changes To Juvenile Sex Offender Registry Requirements, Samantha Brewster-Owens

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk Sep 2013

A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Why Turner V. Rogers Was And Wasn’T Correctly Decided: How The Fourteenth Amendment Should Be Read For Child Support Contemnors, Gina Rose Lauterio Sep 2013

Why Turner V. Rogers Was And Wasn’T Correctly Decided: How The Fourteenth Amendment Should Be Read For Child Support Contemnors, Gina Rose Lauterio

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Pharmaceutical Efficacy: The Illusory Legal Standard , Jonathan J. Darrow Sep 2013

Pharmaceutical Efficacy: The Illusory Legal Standard , Jonathan J. Darrow

Washington and Lee Law Review

The very long and expensive process of new drug research and development might suggest to observers that the efficacy standard for drugs is elevated and substantial, but this is not the case. Under the U.S. Federal Food, Drug, and Co smetic Act, new drug approval merely requires that there be “substantial evidence that the drug will have the effect it purports or is represented to have.” While the evidence of effectiveness must therefore be substantial, the efficacy attested to by that evidence need not surpass any particular threshold (other than zero), thus allowing drugs with de minimis efficacy to be …


The Unsupportable Cost Of Variable Pricing Of Student Loans , Jonathan D. Glater Sep 2013

The Unsupportable Cost Of Variable Pricing Of Student Loans , Jonathan D. Glater

Washington and Lee Law Review

No abstract provided.


The New Right In Water, Rhett B. Larson Sep 2013

The New Right In Water, Rhett B. Larson

Washington and Lee Law Review

This Article divides all rights into two broad categories— provision rights and participation rights. With a provision right, the government makes substantive guarantees to provide some minimum quantity and quality of a good or service. With a participation right, the government is legally proscribed from interfering with an individual citizen’s access to institutions and resources controlled or held in trust by the state, and the state is required to facilitate access to those institutions and resources equally and transparently. A growing number of national constitutions guarantee a right to water. Without exception to date, these constitutions frame the right to …


A Group’S A Group, No Matter How Small: An Economic Analysis Of Defamation, Alan D. Miller, Ronen Perry Sep 2013

A Group’S A Group, No Matter How Small: An Economic Analysis Of Defamation, Alan D. Miller, Ronen Perry

Washington and Lee Law Review

Consider the following: A Jews-for-Jesus bulletin reports, falsely, that a Jewish woman became “a believer in the tenets, the actions, and the philosophy of Jews for Jesus.” Does this publication constitute defamation? Should defamatoriness be determined in accordance with the views of the general non- Jewish community, with those of the Jewish minority, or with a normative ethical commitment? Our Article aims to provide the answers. Part I demonstrates that the de finition of defamatoriness in common law jurisdictions is essentially empirical and distinguishes between the two leading tests—the English test and the American test. Part II.A describes the English, …


The Promise Of Plyler: Public Institutional In-State Tuition Policies For Undocumented Students And Compliance With Federal Law, Nancy B. Anderson Sep 2013

The Promise Of Plyler: Public Institutional In-State Tuition Policies For Undocumented Students And Compliance With Federal Law, Nancy B. Anderson

Washington and Lee Law Review

No abstract provided.


Reinterpreting The Limited Partner Exclusion To Maximize Labor Income In The Self-Employment Tax Base , Laura E. Erdman Sep 2013

Reinterpreting The Limited Partner Exclusion To Maximize Labor Income In The Self-Employment Tax Base , Laura E. Erdman

Washington and Lee Law Review

No abstract provided.


Is Time Up For Equitable Relief? Examining Whether The Statute Of Limitations Contained In 28 U.S.C. § 2462 Applies To Claims For Injunctive Relief , Douglas Edward Pittman Sep 2013

Is Time Up For Equitable Relief? Examining Whether The Statute Of Limitations Contained In 28 U.S.C. § 2462 Applies To Claims For Injunctive Relief , Douglas Edward Pittman

Washington and Lee Law Review

No abstract provided.


Torturous Transfers: Examining Detainee Habeas Jurisdiction For Nonremoval Challenges And Deference To Diplomatic Assurances , Kristin E. Slawter Sep 2013

Torturous Transfers: Examining Detainee Habeas Jurisdiction For Nonremoval Challenges And Deference To Diplomatic Assurances , Kristin E. Slawter

Washington and Lee Law Review

No abstract provided.


An Empirical Examination Of Case Outcomes Under The Ada Amendments Act , Stephen F. Befort Sep 2013

An Empirical Examination Of Case Outcomes Under The Ada Amendments Act , Stephen F. Befort

Washington and Lee Law Review

Congress enacted the ADA Amendments Act (ADAAA) in order to override four Supreme Court decisions that had narrowly restricted the scope of those protected by the Americans with Disabilities Act (ADA) and to provide “a national mandate for the elimination of discrimination.” This Article undertakes an empirical examination of the impact of the ADAA on case outcomes. The recent reported cases provide a unique opportunity for such an examination because, with the ADAAA not retroactively applicable to cases pending prior to its effective date, courts have been simultaneously deciding cases under both the pre-amendment and post-amendment standards. This study examines …


Virginia Bar Exam, July 2013, Section 2 Jul 2013

Virginia Bar Exam, July 2013, Section 2

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, July 2013, Section 1 Jul 2013

Virginia Bar Exam, July 2013, Section 1

Virginia Bar Exam Archive

No abstract provided.


Contextualizing Legitimacy, Kish Vinayagamoorthy Jul 2013

Contextualizing Legitimacy, Kish Vinayagamoorthy

Scholarly Articles

The article discusses the effects of jurisprudential values on the responsibility to prevent and the relationship between the State sovereignty and the responsibility of the State to prevent its citizens from crime. It evaluates how international law can facilitate the implementation of the responsibility to prevent. It emphasizes that international lawyers and academics should consider the qualities that define law and distinguish legal norms and social norm from principles of society.


Rage Against The Machine: A Reply To Professors Bierschbach And Bibas, Erik Luna Jun 2013

Rage Against The Machine: A Reply To Professors Bierschbach And Bibas, Erik Luna

Scholarly Articles

The article presents a response to the article by Professor Albert Alschuler on the administrative rulemaking in criminal law enforcement and guiding the power which was wielded by criminal justice officials. It mentions that the increase in the rate of the punishment given to the convicts is less effective in reducing the crime and enhancing public safety. It informs that bureaucratization can be considered as the means to improve the criminal process in the U.S.


The Odd State Of Twiqbal Plausibility In Pleading Affirmative Defenses , William M. Janssen Jun 2013

The Odd State Of Twiqbal Plausibility In Pleading Affirmative Defenses , William M. Janssen

Washington and Lee Law Review

No abstract provided.


Regulating Shadows: Financial Regulation And Responsibility Failure , Steven L. Schwarcz Jun 2013

Regulating Shadows: Financial Regulation And Responsibility Failure , Steven L. Schwarcz

Washington and Lee Law Review

In the modern financial architecture, financial services and products increasingly are provided outside of the traditional banking system—and thus without the need for bank intermediation between capital markets and the users of funds. Most corporate financing, for example, no longer is dependent on bank loans but is raised through special-purpose entities, money- market mutual funds, securiti es lenders, hedge funds, and investment banks. This shift, referred to as “disintermediation” and described as creating a “shadow banking” system, is transforming finance so radically that regulatory scholars need to rethink their assumptions. Two of the fundamental market failures underlying shadow banking—information failure …