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Articles 1621 - 1650 of 6932
Full-Text Articles in Law
Nfib V. Sebelius: A Feather In The Cap Of Those Who Challenge Sorna?, Bethany Belisle
Nfib V. Sebelius: A Feather In The Cap Of Those Who Challenge Sorna?, Bethany Belisle
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Washington and Lee Law Review
No abstract provided.
Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps
Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps
Washington and Lee Law Review
No abstract provided.
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Washington and Lee Law Review
No abstract provided.
The Problem With Misdemeanor Representation, Erica Hashimoto
The Problem With Misdemeanor Representation, Erica Hashimoto
Washington and Lee Law Review
No abstract provided.
Gideon Skepticism, Alexandra Natapoff
Gideon Skepticism, Alexandra Natapoff
Washington and Lee Law Review
The criminal defense lawyer occupies a special doctrinal place in criminal procedure. It is the primary structural guarantor of fairness, the single most important source of validation for individual convictions. Conversely, if a person did have a competent lawyer, it generates a set of presumptions that his trial was in fact fair, the evidence sufficient, and his plea knowing and voluntary. This is a highly problematic legal fiction. The presence of counsel advances but cannot guarantee fair trials and voluntary pleas. More fundamentally, a lawyer in an individual case will often be powerless to address a wide variety of systemic …
Crashing The Misdemeanor System, Jenny Roberts
Crashing The Misdemeanor System, Jenny Roberts
Washington and Lee Law Review
No abstract provided.
Two Rights To Counsel, Josh Bowers
Two Rights To Counsel, Josh Bowers
Washington and Lee Law Review
No abstract provided.
Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross
Washington and Lee Law Review
No abstract provided.
Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples
Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples
Washington and Lee Law Review
No abstract provided.
Unstoppable V. Unwaivable, Steven Benjamin
Unstoppable V. Unwaivable, Steven Benjamin
Washington and Lee Law Review
No abstract provided.
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Washington and Lee Law Review
No abstract provided.
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Washington and Lee Law Review
No abstract provided.
“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller
“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller
Washington and Lee Law Review
No abstract provided.
Hoa Fees: A Bapcpa Death-Trap, Brandt H. Stitzer
Hoa Fees: A Bapcpa Death-Trap, Brandt H. Stitzer
Washington and Lee Law Review
No abstract provided.
You’Re Under Arrest—Say Ah: Suggestions For Legislatures Drafting Statutes Allowing Dna Extraction From Arrestees, Alex Sugzda
You’Re Under Arrest—Say Ah: Suggestions For Legislatures Drafting Statutes Allowing Dna Extraction From Arrestees, Alex Sugzda
Washington and Lee Law Review
No abstract provided.
Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King
Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King
Washington and Lee Law Review
No abstract provided.
Validating The Right To Counsel, Brandon L. Garrett
Validating The Right To Counsel, Brandon L. Garrett
Washington and Lee Law Review
No abstract provided.
Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith
Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith
Washington and Lee Law Review
No abstract provided.
Virginia Bar Exam, February 2013, Section 1
Virginia Bar Exam, February 2013, Section 1
Virginia Bar Exam Archive
No abstract provided.
Virginia Bar Exam, February 2013, Section 2
Virginia Bar Exam, February 2013, Section 2
Virginia Bar Exam Archive
No abstract provided.
The Future Of Legal Education Reform, James E. Moliterno
The Future Of Legal Education Reform, James E. Moliterno
Scholarly Articles
The article discusses the criticism raised against legal education including high cost, disconnection between law schools and profession, and lack of employment opportunities. It examines the role of the bar examinations and reflects that the model in place is dysfunctional. It suggests that modern law school should teach students not only legal analysis but also business aspect of law practice such as project management and creative resolutions of disputes.
Religious Freedom And Women's Health - Litigation On Contraception, Timothy Stoltzfus Jost
Religious Freedom And Women's Health - Litigation On Contraception, Timothy Stoltzfus Jost
Scholarly Articles
Not available.
Rethinking How Business Purpose Is Taught In Catholic Business Education, Lyman P. Q. Johnson, Michael Naughton, William Bojan
Rethinking How Business Purpose Is Taught In Catholic Business Education, Lyman P. Q. Johnson, Michael Naughton, William Bojan
Scholarly Articles
Business education at a Catholic university should engage students and faculty across the university in critically examining the purpose of business in society. Following the best practices of leading business schools, the Catholic business curriculum has mostly focused on the shareholder and stakeholder approaches - with the shareholder approach being the predominant view. Creatively engaging the Catholic Social Tradition (especially the “community of persons”) can bring a richer appreciation of the purpose of business in our contemporary society than either the shareholder or stakeholder approaches. We argue that far more discretion to pursue various corporate purposes in manifold ways exists …
The Trouble With Lawyer Regulation, James E. Moliterno
The Trouble With Lawyer Regulation, James E. Moliterno
Scholarly Articles
The American legal profession has been a backward-looking, change-resistant institution. It has failed to adjust to changes in society, technology, and economics, despite individual lawyers' efforts to change their own practices and entrepreneurs' efforts to enter the legal marketplace to serve the needs of middle- and lower-income clients. When change does come, the legal profession is a late- arriver, usually doing no better than catching up to changes around it that have already become well ensconced. This failure robs society of what could be a positive role of the legal profession in times of change, and it deprives the profession …
Recent Developments In Third-Party Funding, Victoria Shannon
Recent Developments In Third-Party Funding, Victoria Shannon
Scholarly Articles
This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …
Unsettledness In Delaware Corporate Law: Business Judgment Rule, Corporate Purpose, Lyman P. Q. Johnson
Unsettledness In Delaware Corporate Law: Business Judgment Rule, Corporate Purpose, Lyman P. Q. Johnson
Scholarly Articles
This Article revisits two fundamental issues in corporate law. One — the central role of the business judgment rule in fiduciary litigation — involves a great deal of seemingly settled law, while the other — is there a mandated corporate purpose — has very little law. Using the emergent question of whether the business judgment rule should be used in analyzing officer and controlling shareholder fiduciary duties, the latter issue having recently been addressed by Chancellor Strine in the widely-heralded MFW decision, this Article proposes a fundamental rethinking of the rule’s analytical preeminence. For a variety of reasons, it is …
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Scholarly Articles
Dams have been a significant part of flood prevention and management systems in the United States, dating back to the systematic efforts of the Tennessee Valley Authority and, less systemically, long before that. Dealing with flood management in Virginia presents unique challenges because of a colonial legacy that allows most dams in Virginia to be privately owned. Through a mechanism called King’s Grants, some Virginia landowners hold title not simply to property surrounding a navigable waterway, but also to the soil beneath the river and to dams crossing the river. Such ownership of the soil of large, navigable waterways is …
Self-Insurance For Small Employers Under The Affordable Care Act: Federal And State Regulatory Options, Timothy Stoltzfus Jost, Mark A. Hall
Self-Insurance For Small Employers Under The Affordable Care Act: Federal And State Regulatory Options, Timothy Stoltzfus Jost, Mark A. Hall
Scholarly Articles
As implementation of the Affordable Care Act reshapes the US health insurance market, state and federal policy makers should be prepared to revisit regulation of stop-loss coverage — a form of reinsurance — for small businesses. Aspects of the reform law could motivate small businesses to self-insure, rather than participate in state-regulated markets either inside or outside the new health insurance exchanges. If younger or healthier groups self-insure, premiums for insured plans will rise, perhaps to an extent that could seriously impair the regulated market. State or federal lawmakers can influence small businesses to participate in the regulated market by …
American Innovation And The Limits Of Patent Law: A Response To William Hubbard, Competitive Patent Law, Christopher B. Seaman
American Innovation And The Limits Of Patent Law: A Response To William Hubbard, Competitive Patent Law, Christopher B. Seaman
Scholarly Articles
In his recent article Competitive Patent Law, Professor William Hubbard makes a valuable contribution regarding an underexplored aspect of patent law’s ability to encourage innovation — namely, “whether U.S. patent law can be tailored to provide U.S. innovators with enhanced incentives to invent” compared to foreign rivals, and thus by extension make American firms more competitive in the global marketplace. This brief response addresses three aspects of Professor Hubbard’s thoughtful and well-written article. First, it critiques the article’s contention that the United States is currently facing an “innovation gap.” Second, it critically evaluates the claim that patent law can play …