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Articles 1951 - 1980 of 6932
Full-Text Articles in Law
Protecting Blogging: The Need For An Actual Disruption Standard In Pickering, Lindsay A. Hitz
Protecting Blogging: The Need For An Actual Disruption Standard In Pickering, Lindsay A. Hitz
Washington and Lee Law Review
No abstract provided.
Power And Purpose In The "Anglo-American" Corporation, Christopher M. Bruner
Power And Purpose In The "Anglo-American" Corporation, Christopher M. Bruner
Scholarly Articles
The article discusses the impact of a shareholder-centric and market-oriented approach to corporate governance among public business firms in the U.S. and Great Britain. It mentions that both countries have more common similarities in terms of corporate governance systems and business cultures. It affirms that despite such similarities, both countries' corporate governance system differs on how they relate to external regulations that can affect their relationships among stakeholders.
Climate Change Comes To The Clean Water Act: Now What?, Robin Kundis Craig
Climate Change Comes To The Clean Water Act: Now What?, Robin Kundis Craig
Washington and Lee Journal of Energy, Climate, and the Environment
In January 2009, the EPA agreed to respond to the Center for Biological Diversity’s (CBD’s) petition requesting it to modify its marine pH water quality criteria to reflect ocean acidification. Ocean acidification, however, is a by-product of increasing concentrations of carbon dioxide in the atmosphere. Thus, climate change has come to the Clean Water Act—and in May 2009, the CBD filed suit in the U.S. District Court for the District of Washington to bring this point home. The question, of course, is what the Clean Water Act can actually contribute to efforts to deal with climate change. After reviewing the …
Climate Change, Scale, And Devaluation: The Challenge Of Our Built Environment, Nathan F. Sayre
Climate Change, Scale, And Devaluation: The Challenge Of Our Built Environment, Nathan F. Sayre
Washington and Lee Journal of Energy, Climate, and the Environment
Climate debate and policy proposals in the United States have yet to grasp the gravity and magnitude of the challenges posed by global warming. This paper develops three arguments to redress this situation. First, the spatial and temporal scale of the processes linking greenhouse gas (GHG) emissions to climate change is unprecedented in human experience, challenging our abilities to comprehend, let alone act. An adequate understanding of the scale of global warming leads to an unequivocal starting point for all discussions: we must leave as much fossil fuel in the ground as possible, for as long as possible. Second, a …
Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl
Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Greening The Economy Sustainably, David L. Markell
Greening The Economy Sustainably, David L. Markell
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Using National Border Climate Adjustment Schemes To Facilitate Global Greenhouse Gas Management In Industrial Production, Alexandra Khrebtukova
Using National Border Climate Adjustment Schemes To Facilitate Global Greenhouse Gas Management In Industrial Production, Alexandra Khrebtukova
Washington and Lee Journal of Energy, Climate, and the Environment
I argue that an appropriately conceived and well-designed border climate adjustment scheme, as a policy mechanism potentially utilizable by many States party to the United Nations Framework Convention on Climate Change, may lead to desirable consequences for the development of comprehensive global greenhouse gas management in furtherance of the Framework Convention’s objectives. By creating the conditions for a healthy experimentalism and regulatory competition among the regulating bodies of diverse national markets, the use of origin-neutral border climate adjustment schemes, equivalent to the climate regulatory costs imposed on like domestic products as a condition of market access, may lead to a …
Filling In The Blank: Defining Breaches Of Contract Excepted From Discharge As Willful And Malicious Injuries To Property Under 11i U.S.C. § 523(A)(6), Bryan Hoynak
Washington and Lee Law Review
No abstract provided.
Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd
Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Sexual Offender Registration And Notification Act: No More Than "Statutory ‘Lip Service’ To Interstate Commerce", Lindsey B. Fetzer
The Sexual Offender Registration And Notification Act: No More Than "Statutory ‘Lip Service’ To Interstate Commerce", Lindsey B. Fetzer
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West
The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West
Washington and Lee Law Review
Increasingly more "ordinary"A mericans are choosing to share their life experiences with a public audience. In doing so, however, they are revealing more than their own personal stories; they are exposing private information about others as well. The faceoff between autobiographical speech and information privacy is coming to a head, and our legal system is not prepared to handle it. In a prior article, I established that autobiographicals peech is a unique and important category of speech that is at risk of being undervalued under current Law. This Article builds on my earlier work by addressing the emerging conflict between …
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Washington and Lee Law Review
No abstract provided.
Statutory Stones And Regulatory Mortar: Using Negligence Per Se To Mend The Wall Between Farmers Growing Genetically Engineered Crops And Their Neighbors, Joshua B. Cannon
Statutory Stones And Regulatory Mortar: Using Negligence Per Se To Mend The Wall Between Farmers Growing Genetically Engineered Crops And Their Neighbors, Joshua B. Cannon
Washington and Lee Law Review
No abstract provided.
Trimming The Fat: A Study Of Mandatory Nutritional Disclosure Laws And Excessive Judicial Deference, Charles R. Yates, Iii
Trimming The Fat: A Study Of Mandatory Nutritional Disclosure Laws And Excessive Judicial Deference, Charles R. Yates, Iii
Washington and Lee Law Review
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller
Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Cultural Conflict And The Revival Of Class Warfare, June Carbone
Cultural Conflict And The Revival Of Class Warfare, June Carbone
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Browning Of America—Multicultural And Bicultural Families In Conflict: Making Culture A Customary Factor For Consideration In Child Custody Disputes, Cynthia R. Mabry
The Browning Of America—Multicultural And Bicultural Families In Conflict: Making Culture A Customary Factor For Consideration In Child Custody Disputes, Cynthia R. Mabry
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Rhetoric To Reality: Citizenship Delays And U.S. International Obligations In The Post-9/11 Landscape, Clifford Ashcroft-Smith
Rhetoric To Reality: Citizenship Delays And U.S. International Obligations In The Post-9/11 Landscape, Clifford Ashcroft-Smith
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher
A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Conceiving Plan B: A Proposal To Resolve The Conflict Between Women And Conscientiously Objecting Pharmacists Over Access To Emergency Contraceptives, Joshua T. Shaw
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Totalization With Mexico: A Path To Immigration Reform, Rajeeve Thakur
Totalization With Mexico: A Path To Immigration Reform, Rajeeve Thakur
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman
Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman
Washington and Lee Law Review
A libelplaintiffsued an American defendant in aforeign nation where he took advantage ofplaintiff-favoring defamation Law to obtain a heftyjudgment. He brings this judgment to the defendant's state in the United States to collect from her bank account. The defendant 's state's court could not have entered the plaint /ffs judgment because offirst-Amendment doctrines that stem from New York Times v. Sullivan. How should the U.S. court respond to the "libel tourist" and his judgment? This succinct Article summarizes the tangled tale that emerges. Invoking the First Amendment under a public-policy exception to comity, U.S. courts have rejectedforeign-nation defamation judgments. State …
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Stare Decisis As Judicial Doctrine, Randy J. Kozel
Stare Decisis As Judicial Doctrine, Randy J. Kozel
Washington and Lee Law Review
Stare decisis has been called many things, among them "~a principle of policy, " "a series ofprudential and pragmatic considerations, " and simply "the preferred course. " Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts. This Article examines stare decisis as applied by the U.S. Supreme Cour~, our nation 's highest doctrinal authority. A review of the Court 'sjurisprudence yields two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely …
Unsteady On Its Feet: Sobriety Checkpoint Reasonableness, Michael F. Lotito
Unsteady On Its Feet: Sobriety Checkpoint Reasonableness, Michael F. Lotito
Washington and Lee Law Review
No abstract provided.
Virginia Bar Exam, February 2010, Section 2
Virginia Bar Exam, February 2010, Section 2
Virginia Bar Exam Archive
No abstract provided.
Virginia Bar Exam, February 2010, Section 1
Virginia Bar Exam, February 2010, Section 1
Virginia Bar Exam Archive
No abstract provided.
"Partial-Birth Abortion" Is Not Abortion: Carhart Ii's Fundamental Misapplication Of Roe, Samuel W. Calhoun
"Partial-Birth Abortion" Is Not Abortion: Carhart Ii's Fundamental Misapplication Of Roe, Samuel W. Calhoun
Scholarly Articles
In explaining his constitutional objection to Wisconsin’s partial-birth abortion ban, Judge Richard Posner contrasts killing during “normal labor” with partial-birth abortion. The former can be constitutionally prohibited, but the latter cannot. Why the distinction? For Posner, the former involves “killing a live baby that is half-born,” whereas the latter does not. This article will show that Judge Posner is correct to assert that killing a baby in the midst of the birth process is not constitutionally protected. But Judge Posner is wrong to say that partial-birth abortion does not kill “a live baby that is half-born.” This article will demonstrate …
The Restrictive Ethos In Civil Procedure, A. Benjamin Spencer
The Restrictive Ethos In Civil Procedure, A. Benjamin Spencer
Scholarly Articles
Those of us who study civil procedure are familiar with the notion that federal procedure under the 1938 civil rules was generally characterized by a "liberal ethos," meaning that it was originally designed to promote open access to the courts and to facilitate a resolution of disputes on the merits. Most of us are also aware of the fact that the reality of procedure is not always access-promoting or fixated on merits-based resolutions as a priority. Indeed, I would say that a "restrictive ethos" characterizes procedure today, with many rules being developed, interpreted, and applied in a manner that frustrates …