Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (991)
- Civil Rights and Discrimination (767)
- Law Enforcement and Corrections (709)
- Criminal Law (669)
- Criminal Procedure (645)
-
- Human Rights Law (449)
- Legal Education (344)
- Securities Law (337)
- Business Organizations Law (314)
- Courts (305)
- Fourteenth Amendment (266)
- International Law (242)
- Torts (242)
- Labor and Employment Law (234)
- Civil Procedure (229)
- Family Law (211)
- Health Law and Policy (193)
- Environmental Law (186)
- Education Law (176)
- Evidence (164)
- Intellectual Property Law (164)
- Administrative Law (159)
- Law and Society (154)
- First Amendment (152)
- Antitrust and Trade Regulation (125)
- Banking and Finance Law (124)
- Comparative and Foreign Law (123)
- Property Law and Real Estate (123)
- Science and Technology Law (123)
- Keyword
-
- Capital punishment sentencing (413)
- Legal Education (202)
- Law School (198)
- Bar Exam (197)
- Constitutional Law (169)
-
- Capital punishment (162)
- Constitutional law (117)
- Criminal Law (67)
- Criminal law (67)
- Securities (60)
- Death penalty (59)
- Evidence (56)
- First Amendment (53)
- Civil rights (52)
- Equal protection (51)
- Freedom of speech (50)
- Criminal procedure (49)
- Due process of law (47)
- Securities fraud (47)
- Federal Courts (46)
- Torts (44)
- Civil Rights (40)
- Abortion (39)
- Antitrust law (39)
- Habeas Corpus (39)
- Fifth Amendment (38)
- Civil Procedure (36)
- Damages (36)
- Discrimination (36)
- Capital punishment of offenders with mental disabilities (34)
- Publication Year
- Publication
-
- Washington and Lee Law Review (3361)
- Scholarly Articles (960)
- Supreme Court Case Files (764)
- Capital Defense Journal (596)
- Washington and Lee Journal of Civil Rights and Social Justice (480)
-
- Virginia Bar Exam Archive (232)
- Washington and Lee Law Review Online (203)
- Washington and Lee Journal of Energy, Climate, and the Environment (68)
- Powell Speeches (40)
- Assembled by Congressional Staff c 1958-1976 (36)
- Habeas Corpus Committee (32)
- Newton D. Baker Scrapbooks (27)
- Books and Chapters (20)
- Fragile Coalition Interviews (16)
- Library Scholarship (16)
- Legal Scholarship by Dean Steinheimer (15)
- Assembled by June Nolte Butler c. 1961-2001 (11)
- Butler-Woodlief Recordings (11)
- W&L Law Library Newsletter (7)
- Assembled by Dr. Butler c. 1958-1969 (6)
- Law Library Annual Reports (6)
- Powell Correspondence (6)
- Library Events (5)
- Washington and Lee Legal Scholarship (WaLLS) Newsletter (5)
- Butler-Mooney Recordings (3)
- Powell Writings (2)
- Frances Lewis Law Center Events (1)
- Powell Archives Web Exhibits (1)
- Powell Memorandum: Attack On American Free Enterprise System (1)
- Virginia Supreme Court Records, Volume 168 (1)
- Publication Type
Articles 2011 - 2040 of 6932
Full-Text Articles in Law
Sticky Copyrights: Discriminatory Tax Restraints On The Transfer Of Intellectual Property, Bridget J. Crawford, Mitchell M. Gans
Sticky Copyrights: Discriminatory Tax Restraints On The Transfer Of Intellectual Property, Bridget J. Crawford, Mitchell M. Gans
Washington and Lee Law Review
This Article focuses on the federal estate and gift tax treatment of copyright termination rights. The ability of a creative individual to terminate prior copyright transfers serves to protect against economic exploitation. Once a copyright's value has been established in the marketplace, the author (or the author's heirs) enjoys a "second look" at the gi, sale, license or other transfer of a copyright. But copyright termination rights-intended to enhance the economic well-being of authors and artists-undermine estate planning strategies available to owners of other types of property. There is no policy justification for such discrimination, and so this Article proposes …
A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis
A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis
Washington and Lee Law Review
The definition of torture is broken. The malleability of the term "severe pain or suffering" at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The "V know it when I see it" nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international Law's reliance on self-enforcement is considered After discussing current misconceptions about intelligence gathering and coercion that are common to all sides of the torture debate, this …
The Second Kind Of Sin: Making The Case For A Duty To Disclose Facts Related To Genericism And Functionality In The Trademark Office, Susan M. Richey
The Second Kind Of Sin: Making The Case For A Duty To Disclose Facts Related To Genericism And Functionality In The Trademark Office, Susan M. Richey
Washington and Lee Law Review
Fraud jurisprudence in the federal Trademark Office encourages trademark holders to remain ignorant-or worse, silent-regarding facts that may reveal the generic or functional nature of their marks. If that failure to investigate or to voluntarily disclose relevant information results in the award or maintenance of afederal trademark registrationfo r invalids ubject matter, the public suffers an injury. The injury is particularly acute because numerous amendments to the 1946 Lanham Act in the decades since its passage have substantially increased the evidentiary utility and power of a federal registration. Although Procedures exist to allow a challenger to oppose or cancel an …
Mitigating The Distributional Impacts Of Climate Change Policy, Tracey M. Roberts
Mitigating The Distributional Impacts Of Climate Change Policy, Tracey M. Roberts
Washington and Lee Law Review
Under both a cap-and-trade system and a greenhouse gas tax, the government will regulate energy suppliers and distributors, utility companies, and large manufacturers. These parties will bear the statutory incidence of the regulation. However, the financial impacts of regulating greenhouse gas emissions will be borne primarily by consumers. Consumers will bear the economic incidence of the regulation in the form of increased costs ofgasoline, electricity, and home heating fuels and in increased consumer prices for all goods manufactured or distributed using fossil fuels. Greenhouse gas regulation will also generate significant revenue. This Article addresses the question of what should be …
The Difficulty Of Getting Serious About State Corporate Tax Reform, Charles E. Mcclure
The Difficulty Of Getting Serious About State Corporate Tax Reform, Charles E. Mcclure
Washington and Lee Law Review
In his Note, Beyond BATSA: Getting Serious About Corporate Tax Reform,1 Quinn Ryan examines several common defects of state corporate income taxes that, in isolation or in combination, create distortions, inequities, and complexity, and argues for federal legislation that would substantially reduce the problems he describes. I will expand a bit on Ryan's analysis, review some history, and argue that neither multilateral state action nor federal legislation-especially legislation that would not make matters worse-is likely to occur.
Beyond Batsa: State Taxation Without State Boundaries?, Neil V. Birkhoff
Beyond Batsa: State Taxation Without State Boundaries?, Neil V. Birkhoff
Washington and Lee Law Review
In his Note, Beyond BA TSA: Getting Serious About State Corporate Tax Reform, Quinn Ryan provides us with the following: (1) an overview of the problem of diminishing state corporate tax revenues;2 (2) the basic legal principles applicable in administering state corporate income taxes;3 and (3) a history of the development of state tax nexus standards.4 Ryan uses the Business Activity Tax Simplification Act of 2009 (BATSA) to point out where reform is necessary and argues that BATSA is not the answer.6 While Ryan notes the myriad of problems with corporate income tax apportionment statutes 7 he leaves the mechanics …
The Company Of Scoundrels, Ronald J. Bacigal
The Company Of Scoundrels, Ronald J. Bacigal
Washington and Lee Law Review
My initial reaction to Brett Shockley's Note, Protecting Due Process from the PROTECT Act: The Problems with Increasing Periods of Supervised Release for Sexual Offenders, was to admire his courage. Not many people would undertake a discussion of possible injustice to child pornographers, who surely rank with terrorists and drug dealers as the most reviled and least sympathetic claimants for fair treatment. Shockley puts aside the moral condemnation these people deserve, and focuses on the morality of Procedure-the rule of Law if you will-divorced from the worthiness, or lack thereof, of particular defendants. As students of criminal Procedure come to …
Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl
Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl
Scholarly Articles
None available.
Replacing Incarceration: The Need For Dramatic Change, Nora V. Demleitner
Replacing Incarceration: The Need For Dramatic Change, Nora V. Demleitner
Scholarly Articles
Not available.
Good Conduct Time: How Much And For Whom? The Unprincipled Approach Of The Model Penal Code, Nora V. Demleitner
Good Conduct Time: How Much And For Whom? The Unprincipled Approach Of The Model Penal Code, Nora V. Demleitner
Scholarly Articles
Not available.
Realizing Access To Sexual Health Information And Services For Adolescents Through The Protocol To The African Charter On The Rights Of Women, Ebenezer Durojaye
Realizing Access To Sexual Health Information And Services For Adolescents Through The Protocol To The African Charter On The Rights Of Women, Ebenezer Durojaye
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky
Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky
Washington and Lee Law Review
No abstract provided.
Lewis F. Powell Lecture, Carter G. Phillips
Lewis F. Powell Lecture, Carter G. Phillips
Washington and Lee Law Review
No abstract provided.
Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.
Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.
Washington and Lee Law Review
No abstract provided.
The Legitimate Rights Of Public Shareholders, Lawrence E. Mitchell
The Legitimate Rights Of Public Shareholders, Lawrence E. Mitchell
Washington and Lee Law Review
In recent years there has been significant ongoing academic debate over the expansion ofpublic shareholders 'participation rights in corporate governance. The debate has accompanied a dramatic increase in institutional shareholder and hedge fund activism attempting to influence the conduct ofcorporate affairs. The legitimacy ofshareholderp articipationr ights depends upon the actual role public shareholders play in contributing to the corporation's function of providing goods and services and, ultimately, to economic growth and social welfare. Few in the debate have stopped to examine this question. This Article presents original empirical evidence that demonstrates that public shareholders do not, on net, contributec apitalt …
Fitting Punishment, Juliet Stumpf
Fitting Punishment, Juliet Stumpf
Washington and Lee Law Review
Proportionality is conspicuously absent from the legal framework for immigration sanctions. Immigration Law relies on one sanctiondeportation- as the ubiquitous penalty for any immigration violation. Neither the gravity of the violation nor the harm that results bears on whether deportation is the consequence for an immigration violation. Immigration Law stands alone in the legal landscape in this respect. Criminal Law incorporates proportionality when imposing graduated punishment based on the gravity of the offense; contract and tort Law provide for damages that are graduated based on the harm to others or to society. This Article represents the first and fundamental step …
Court Ordered Disclosure Of Historical Cell Site Location Information: The Argument For A Probable Cause Standard, Patrick T. Chamberlain
Court Ordered Disclosure Of Historical Cell Site Location Information: The Argument For A Probable Cause Standard, Patrick T. Chamberlain
Washington and Lee Law Review
No abstract provided.
Personnel Is Policy: Schools, Student Groups, And The Right To Discriminate, George B. Davis
Personnel Is Policy: Schools, Student Groups, And The Right To Discriminate, George B. Davis
Washington and Lee Law Review
No abstract provided.
Removal To Federal Courts From State Administrative Agencies: Reevaluating The Functional Test, Erica B. Haggard
Removal To Federal Courts From State Administrative Agencies: Reevaluating The Functional Test, Erica B. Haggard
Washington and Lee Law Review
No abstract provided.
Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.
Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.
Washington and Lee Law Review
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Introduction To The Symposium Issue: Reproductive And Sexual Health And The African Women's Protocol, Charles Ngwena
Introduction To The Symposium Issue: Reproductive And Sexual Health And The African Women's Protocol, Charles Ngwena
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
An Introduction To The Protocol To The African Charter On Human And Peoples' Rights On The Rights Of Women In Africa, Frans Viljoen
An Introduction To The Protocol To The African Charter On Human And Peoples' Rights On The Rights Of Women In Africa, Frans Viljoen
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook
Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché
Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
"The Distant 'Big' Hospital": Linking Development, Poverty And Reproductive Health-A Gender Mainstreaming Approach, Edith Miguda
"The Distant 'Big' Hospital": Linking Development, Poverty And Reproductive Health-A Gender Mainstreaming Approach, Edith Miguda
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sácouto, Katherine Cleary
The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sácouto, Katherine Cleary
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski
The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Liberty Of Innocent Delights: Obscene Devices And The Limits Of State Power After Lawrence V. Texas, E. Benton Keatley
The Liberty Of Innocent Delights: Obscene Devices And The Limits Of State Power After Lawrence V. Texas, E. Benton Keatley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.