Law Commons^™

When Securitization Complicates The Issue: What Are The Homeowner's Defenses To Foreclosure?, Victoria V. Corder

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz

Washington and Lee Law Review

This Article addresses the regulation of the relationships between unmarried cohabitants. It challenges the conventional divide between conservative and liberal approaches. On one hand, moral condemnation of nonmarital conjugal relationships and public policy in favor of marriage lead conservatives to reject the application of marriage Law to cohabitating partners. On the other hand, based on principles such as freedom, tolerance, and equality, liberals tend to equate the mutual legal commitments of cohabitants with those ofmarriedpartners. I break with conventional analysis by offering a novel liberal model that separates between the mutual obligations of cohabitants and married partners. The proposed model …

Virginia Bar Exam, July 2009, Section 1

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, July 2009, Section 2

Virginia Bar Exam Archive

No abstract provided.

International Investment Arbitration: Winning Losing And Why, Susan D. Franck

Scholarly Articles

None available.

The God Paradox, Joshua A.T. Fairfield

Scholarly Articles

Not available.

The Aig Bailout, William K. Sjostrum, Jr.

Washington and Lee Law Review

On February 28, 2008, American International Group, Inc., the then largest insurance company in the United States, announced 2007 earnings of $6.20 billion or $2.39per share. Its stock closed that day at $50.15 per share. Less than seven months later, however, AIG was on the verge of bankruptcy and had to be rescued by the United States government through an $85 billion loan. Government aid has since grown to $182.5 billion, and AIG's stock recently traded at less than $1.00 per share. The Article explains why AIG, a company with $1 trillion in assets and $95.8 billion in shareholders' equity, …

Introduction [To The Symposium], Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.

Play And The Search For Identity In The Cyberspace Community, Dorothy G. Singer

Washington and Lee Law Review

No abstract provided.

A Review Of The Effects Of Violent Video Games On Children And Adolescents, Jodi L. Whitaker, Brad J. Bushman

Washington and Lee Law Review

No abstract provided.

Online Dangers: Keeping Children And Adolescents Safe, Jodi L. Whitaker, Brad J. Bushman

Washington and Lee Law Review

No abstract provided.

Developmental Implications Of Children's Virtual Worlds, Kaveri Subrahmanyam

Washington and Lee Law Review

As virtual worlds for children increase in popularity, it is important to examine their developmental implications. Given the limited research on this question, we use extant social science research on youth and digital media to understand how children 's participation in virtual worlds might mediate their development. We identify four different pathways by which new media can potentially mediate development. Then we review relevant research on video games, which, like virtual worlds, contain three-dimensional online fantasy worlds; we also review research on online communication forums, which are like virtual worlds in that they allow users to create online selves and …

Fertility And Virtual Reality, Edward Castronova

Washington and Lee Law Review

No abstract provided.

Sex Play In Virtual Worlds, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.

Virtual Parentalism, Joshua A.T. Fairfield

Washington and Lee Law Review

Parents, not Laws, ultimately protect children both online and offline. If legislation places adults at legal risk because of the presence of children in virtual worlds, adults will exit those worlds, and children will be isolated into separate spaces. This will not improve safety for children. Instead, this Article suggests that Congress enact measures that encourage filtering technology and parental tools that will both protect children in virtual worlds, and protectfree speech online.

Virtual Heisenberg: The Limits Of Virtual World Regulability, Viktor Mayer-Schonberger

Washington and Lee Law Review

No abstract provided.

Failed Rescue: Why Davis V. Fec Signals The End To Effective Clean Elections, E. Stewart Crosland

Washington and Lee Law Review

No abstract provided.

Does The World Need Knights Errant To Combat Enemies Of All Mankind? Universal Jurisdiction, Connecting Links, And Civil Liability, Zachary Mills

Washington and Lee Law Review

No abstract provided.

A Question Of Sovereignty, Development, And Natural Resources: A New Standard For Binding Third Party Nonsignatory Governments To Arbitration, Jacob Stoehr

Washington and Lee Law Review

No abstract provided.

Protecting Children In Virtual Worlds Without Undermining Their Economic, Educational, And Social Benefits, Robert Bloomfield, Benjamin Duranske

Washington and Lee Law Review

Advances in virtual world technology pose risks for the safety and welfare of children. Those advances also alter the interpretations of key terms in applicable Laws. For example, in the Miller test for obscenity, virtual worlds constitute places, rather than "works," and may even constitute local communities from which standards are drawn. Additionally, technological advances promise to make virtual worlds places of such significant social benefit that regulators must take care to protect them, even as they protect children who engage with them.

The Impossible Student Exception To Fica Taxation And Its Applicability To Medical Residents, Patrick Timothy Rowe

Washington and Lee Law Review

No abstract provided.

Close The Yield Exemption Loophole Created By Childs, Brant J. Hellwig, Gregg D. Polsky

Scholarly Articles

The proposal would reverse the holding of Childs v. Commissioner, 103 T.C. 634 (1994), and clarify that a contractual payment obligation received by a service provider is subject to immediate taxation under section 83 if the obligor is a person other than the recipient of the service provider’s services. As a result, the proposal would ensure the appropriate taxation of investment income in structured payment arrangements.

The proposal is based on a more comprehensive article by the authors, forthcoming in volume 51 of the Boston College Law Review, titled ‘‘Taxing Structured Settlements,’’ a draft of which is available at http://ssrn.com/abstract=1403248. …

The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla

Scholarly Articles

Not available.

The Lexington Principles On The Rights Of Detainees: A Transnational Legal Process Approach To Due Process, David Alan Jordan, Frederic L. Kirgis, R. Brooke Lewis, Thomas Greenwood, Bennett L. Ross, Kathryn M. Zunich

Scholarly Articles

In Boumediene v. Bush, decided June 12, 2008, the U.S. Supreme Court extended the constitutional privilege of habeas corpus to noncitizens detained at Guantanamo Bay, Cuba. Courts will now be called upon to assess the propriety of American detainee treatment practices against unclear constitutional standards. The strength and contours of the due process protections the U.S. Constitution will afford these detainees is still an unsettled question. The Lexington Principles are designed to help guide the development of American due process standards as they move outside our borders. These Principles are also intended to serve as a model for those …

Book Review, Supranational Criminology: Towards A Criminology Of International Crimes (Alette Smeulers & Roelof Haveman Eds., 2008), Mark A. Drumbl

Scholarly Articles

Not available.

Theology In Public Reason And Legal Discourse: A Case For The Preferential Option For The Poor, Russell Powell

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Boundary-Line Function Of The Economic Loss Rule, Vincent R. Johnson

Washington and Lee Law Review

No abstract provided.

Getting Beyond Religion As Science: "Unstifling" Worldview Formation In American Public Education, Barry P. Mcdonald

Washington and Lee Law Review

Since ancient times, Western civilization has witnessed a great debate over a simple but profound question: From whence did we come? Two major worldviews have dominated that debate: a theistic worldview holding that we, and the world in which we live, are the purposeful product of a supernatural creator; and a materialistic worldview holding that we are the product of unintelligenta nd random naturaflo rces. This debate rose to the fore with Darwin's publication of his theory of evolution and the development of the modern scientific establishment. In America, it initially took its most conspicuous form in efforts by creationists …

Road To Nowhere Or Jurisprudential U-Turn? The Intersection Of Punitive Damage Class Actions And The Due Process Clause, James M. Underwood

Washington and Lee Law Review

This Article analyzes the likely impact of recent Supreme Court jurisprudence applying substantive and procedural due process limits on punitive damage awards to class action punitive damage Lawsuits. In BMW v. Gore and State Farm v. Campbell the Supreme Court adopted a tripartite analysis to determine whether punitive damage awards were excessive under the Due Process Clause. Just last year in Philip Morris v. Williams the Court took a step further by imposing the additional 'procedural" limitation that requires trial courts to take steps to ensure that juries do not punish a tortfeasor through an award ofpunitive damages in one …

Federal Rule Of Evidence 502: Stirring The State Law Of Privilege And Professional Responsibility With A Federal Stick, Henry S. Noyes

Washington and Lee Law Review

No abstract provided.