Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Washington and Lee University School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 961 - 990 of 6925

Full-Text Articles in Law

The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth Apr 2018

The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Contraception Matters: Rights, Class, And Context, Naomi Cahn Apr 2018

Contraception Matters: Rights, Class, And Context, Naomi Cahn

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


I Pledge Allegiance To The Party: Reclaiming The Associational Rights Of Independent Voters In Open Primaries, C. Alan Carrillo Apr 2018

I Pledge Allegiance To The Party: Reclaiming The Associational Rights Of Independent Voters In Open Primaries, C. Alan Carrillo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


What Is Life? Geriatric Release And The Conflicting Definitions Of “Meaningful Opportunity For Release”, Anthony Gunst Apr 2018

What Is Life? Geriatric Release And The Conflicting Definitions Of “Meaningful Opportunity For Release”, Anthony Gunst

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Battle Of The Backlog: How Congressional Inaction Threatens The Integrity Of Medicare, Joshua M. Kaplan Apr 2018

Battle Of The Backlog: How Congressional Inaction Threatens The Integrity Of Medicare, Joshua M. Kaplan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Masthead And Front Matter Apr 2018

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.


Table Of Contents Apr 2018

Table Of Contents

Washington and Lee Law Review

No abstract provided.


Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher Apr 2018

Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher

Washington and Lee Law Review

Do the Sixth Amendment rights to appointed counsel and jury trial unconstitutionally conflict with defendants’ other constitutional rights? For indigents charged with felonies, Gideon v. Wainwright guarantees the right to appointed counsel; for misdemeanors, Scott v. Illinois limits the right to indigents receiving the most severe authorized punishment—imprisonment.Duncan v. Illinois limits the right to jury trial to defendants charged with serious offenses. Consequently, the greater the jeopardy faced by defendants, the greater the eligibility for appointed counsel and jury trial. But defendants’ other constitutional rights generally facilitate just the opposite— minimizing jeopardy by reducing charges, lessening the likelihood of …


The Gatekeepers Of Crowdfunding, Andrew A. Schwartz Apr 2018

The Gatekeepers Of Crowdfunding, Andrew A. Schwartz

Washington and Lee Law Review

Securities crowdfunding is premised on two core policy goals: inclusivity and efficiency. First, crowdfunding is conceived as an inclusive system where all entrepreneurs are given a chance to pitch their idea to the “crowd.” Second, crowdfunding is supposed to be an efficient way to channel funds from public investors to promising startup companies. There is a fundamental tension between these two policy goals, however. A totally inclusive system would ensure that platforms list any and every company that wants to participate. But platforms need to curate and select the companies they list in order to establish a reputation as a …


Cash For Your Conscience: Do Whistleblower Incentives Improve Enforcement Of The Foreign Corrupt Practices Act?, Amy Deen Westbrook Apr 2018

Cash For Your Conscience: Do Whistleblower Incentives Improve Enforcement Of The Foreign Corrupt Practices Act?, Amy Deen Westbrook

Washington and Lee Law Review

No abstract provided.


The Diminishing Duty Of Loyalty, Julian Velasco Apr 2018

The Diminishing Duty Of Loyalty, Julian Velasco

Washington and Lee Law Review

Fiduciary duties comprise an integral part of corporate law. It is generally understood that directors owe the corporation and its shareholders two fiduciary duties: the duty of care and the duty of loyalty. Although both duties are firmly established in corporate law, they are not treated equally. It is generally understood that the duty of loyalty is enforced far more rigorously than the duty of care. The justification for this dichotomy is twofold. First, differential treatment is appropriate because of the relative urgencies of the underlying subject matter: loyalty issues pose greater risks than do care issues. Second, the deference …


In Or Out: How To Treat Foreign Taxes Under The Economic Substance Doctrine, Roland Hartung Apr 2018

In Or Out: How To Treat Foreign Taxes Under The Economic Substance Doctrine, Roland Hartung

Washington and Lee Law Review

No abstract provided.


Constitutional Clause Aggregation And The Marijuana Crimes, Scott W. Howe Apr 2018

Constitutional Clause Aggregation And The Marijuana Crimes, Scott W. Howe

Washington and Lee Law Review

An important question for our time concerns whether the Constitution could establish a right to engage in certain marijuana-related activities. Several states have now legalized cannabis, within strict limits, for recreational purposes, and that number will grow. Yet, some states will not promptly legalize but, instead, continue to criminalize, or only “decriminalize” in minor ways, and the federal criminalization statutes also will likely survive for a time. There currently is no recognized right under the Constitution to possess, use, cultivate, or distribute cannabis for recreational purposes, even in small amounts, and traditional, single-clause arguments for such a right are weak. …


The Leidos Mixup And The Misunderstood Duty To Disclose In Securities Law, Matthew C. Turk, Karen E. Woody Apr 2018

The Leidos Mixup And The Misunderstood Duty To Disclose In Securities Law, Matthew C. Turk, Karen E. Woody

Washington and Lee Law Review

This Article concerns the recent Supreme Court case, Leidos,Inc. v. Indiana Public Retirement System (Leidos), and examines the broader issues that it raised for securities law. The consensus among scholars and practitioners is that Leidos presented a direct conflict among the circuit courts over a core question of securities law—when a failure to comply with the SEC’s disclosure requirements can constitute fraud under Rule 10b-5. This Article provides a much different interpretation of the case. It begins by demonstrating that the circuit split which is presumed to have brought Leidos to the Supreme Court does not in fact exist. …


A Legal Frankenstein’S Monster: The Complete Bar Order In Securities Fraud Class Action Lawsuits, Jonathan C. Stanley Apr 2018

A Legal Frankenstein’S Monster: The Complete Bar Order In Securities Fraud Class Action Lawsuits, Jonathan C. Stanley

Washington and Lee Law Review

No abstract provided.


Reaching A Sense Of Justice: Understanding How The Facilitation Theory Of Prosecution Under Federal Criminal Law Can Be Used To Hold Hard Targets Accountable For Financial Crimes And Corporate Corruption, Thomas M. Dibiagio Mar 2018

Reaching A Sense Of Justice: Understanding How The Facilitation Theory Of Prosecution Under Federal Criminal Law Can Be Used To Hold Hard Targets Accountable For Financial Crimes And Corporate Corruption, Thomas M. Dibiagio

Washington and Lee Law Review Online

A fundamental principle of criminal law is that to hold a defendant accountable, the prosecution must prove that he culpably participated in the criminal activity. To prove culpable participation, the government can prove a defendant’s direct knowledge of and active participation in the criminal conduct. However, because of the nature of financial crimes and corporate misconduct, culpable targets often are able to insulate themselves from the underlying criminal conduct and thereby, frustrate the prosecution’s ability to meet this evidentiary standard. The resulting impunity undermines the public’s trust and confidence in the fundamental fairness of the enforcement of the criminal laws. …


Virginia Bar Exam, February 2018, Section 1 Feb 2018

Virginia Bar Exam, February 2018, Section 1

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, February 2018, Section 2 Feb 2018

Virginia Bar Exam, February 2018, Section 2

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, July 2018, Section 1 Feb 2018

Virginia Bar Exam, July 2018, Section 1

Virginia Bar Exam Archive

No abstract provided.


An Essay Concerning Some Problems With The Constitutional-Doubt Canon, Benjamin M. Flowers Feb 2018

An Essay Concerning Some Problems With The Constitutional-Doubt Canon, Benjamin M. Flowers

Washington and Lee Law Review Online

The constitutional-doubt canon instructs that statutes should be interpreted in a way that avoids placing their constitutionality in doubt. This canon is often said to rest on the presumption that Congress does not intend to exceed its constitutional authority. That presumption, however, is inconsistent with the notion that government actors tend to exceed their lawful authority—a notion that motivates our constitutional structure, and in particular the series of checks and balances that the Constitution creates. This tension between the constitutional- doubt canon and the Constitution’s structure would be acceptable if the canon accurately reflected the manner in which the public …


Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner Feb 2018

Revisiting The Role Of Federal Prosecutors In Times Of Mass Imprisonment, Nora V. Demleitner

Scholarly Articles

None available.


The Risk Of Regulatory Arbitrage: A Response To Securities Regulation In Virtual Space, Wendy Gerwick Couture Jan 2018

The Risk Of Regulatory Arbitrage: A Response To Securities Regulation In Virtual Space, Wendy Gerwick Couture

Washington and Lee Law Review Online

In Securities Regulation in Virtual Space, Eric. C. Chaffee explores the potential applicability of the securities laws to virtual transactions based on virtual activity and argues that, although many of these transactions likely qualify as “investment contracts” under S.E.C. v. W.J. Howey Co., they should be excluded under the context clause because, among other reasons, application of the securities laws would stifle creativity within this innovative space. This Response proposes a reframing of the Howey test as a response to the risk of regulatory arbitrage, argues that the context clause should only exclude transactions that do not pose …


Fear-Based Provocation, Michal Buchhandler-Raphael Jan 2018

Fear-Based Provocation, Michal Buchhandler-Raphael

Scholarly Articles

This Article offers three major contributions to challenge existing view of provocation: first, it considers psychological research that found that fear, similarly to anger, may also significantly interfere with individuals’ decision making processes by disturbing rational judgment, therefore sometimes leading to lethal aggression. Second, drawing on this research, this Article argues that provocation doctrine should be reconstructed to also include a fear-based prong. Third, recognizing fear-based provocation calls for rejecting the loss of control paradigm that currently dominates judges’ and jurors’ perception of the defense. In its place, this Article advocates focusing on the fearful defendant’s fear of violence threatened …


Cybersurveillance Intrusions And An Evolving Katz Privacy Test, Margaret Hu Jan 2018

Cybersurveillance Intrusions And An Evolving Katz Privacy Test, Margaret Hu

Scholarly Articles

To contextualize why a new approach to the Fourth Amendment is essential, this Article describes two emerging cybersurveillance tools. The first Cybersurveillance tool, Geofeedia, has been deployed by state and local law enforcement. Geofeedia uses a process known as "geofencing" to draw a virtual barrier around a particular geographic region, and then identifies and tracks public social media posts within that region for predictive policing purposes. The second tool, Future Attribute Screening Technology (FAST), is under development by the United States Department of Homeland Security (DHS). FAST is another predictive policing tool that analyzes physiological and behavioral signals with the …


The Legal Fate Of Internet Ad-Blocking, Russell A. Miller Jan 2018

The Legal Fate Of Internet Ad-Blocking, Russell A. Miller

Scholarly Articles

Ad-blocking services allow individual users to avoid the obtrusive advertising that both clutters and finances most Internet publishing. Ad-blocking's immense - and growing - popularity suggests the depth of Internet users' frustration with Internet advertising. But its potential to disrupt publishers' traditional Internet revenue model makes ad-blocking one of the most significant recent Internet phenomena. Unsurprisingly, publishers are not inclined to accept ad-blocking without a legal fight. While publishers are threatening suits in the United States, the issues presented by ad-blocking have been extensively litigated in German courts where ad-blocking consistently has triumphed over claims that it represents a form …


The Kapo On Film: Tragic Perpetrators And Imperfect Victims, Mark A. Drumbl Jan 2018

The Kapo On Film: Tragic Perpetrators And Imperfect Victims, Mark A. Drumbl

Scholarly Articles

The Nazis coerced and enlisted detainees into the administration of the labour and death camps. These detainees were called Kapos. The Kapos constitute a particularly contested, and at times tabooified, element of Holocaust remembrance. Some Kapos deployed their situational authority to ease the conditions of other prisoners, while others acted cruelly and committed abuse. This project explores treatment of the Kapo on film. This paper considers two films: Kapò (1959, directed by Pontecorvo, Italy) and Kapo (2000, directed by Setton, Israel). These two films vary in genre: Kapò (1959) is a feature fiction movie, whereas Kapo (2000) is a documentary. …


Structuring Relief For Sex Offenders From Registration And Notification Requirements: Learning From Foreign Jurisdictions And From The Model Penal Code: Sentencing, Nora V. Demleitner Jan 2018

Structuring Relief For Sex Offenders From Registration And Notification Requirements: Learning From Foreign Jurisdictions And From The Model Penal Code: Sentencing, Nora V. Demleitner

Scholarly Articles

This paper first discusses the scope of sex offender registration and notification under federal and state laws, and contrasts U.S. laws with those in other countries. Part III turns to the prevailing rationales for these laws and tests their empirical validity. It highlights the negative effect of registries and notification on criminal investigations, and the cost they impose on public coffers, public safety, and those labeled sex offenders. Part IV discusses a set of proposals to turn registries, which may serve a limited legitimate function, into more effective law enforcement tools while restricting public notification. This section outlines ex ante …


Epilogue: Homecoming Kings, Queens, Jesters, And Nobodies, Mark A. Drumbl Jan 2018

Epilogue: Homecoming Kings, Queens, Jesters, And Nobodies, Mark A. Drumbl

Scholarly Articles

This epilogue unpacks the return of convicted war criminals as homecomings, with all the attendant rites, rituals, and expectations. Knotting together the various papers in this edited collection, this paper examines how the international community constructs an ideal homecoming and, in turn, how such a construction may simply be fanciful.


Book Review, Anton Weiss-Wendt, The Soviet Union And The Gutting Of The Un Genocide Convention (2017), Mark A. Drumbl Jan 2018

Book Review, Anton Weiss-Wendt, The Soviet Union And The Gutting Of The Un Genocide Convention (2017), Mark A. Drumbl

Scholarly Articles

Weiss-Wendt’s book unpacks what happened to “genocide” as it journeyed along this path of codification. To be clear, codification was conditioned by compromise among states; and states were often motivated by Cold War selfishness, spite, manipulation, and machination. The Convention narrowed—and even mangled—the set of protected groups to national, ethnic, racial, and religious. The Convention, moreover, limited the recognized forms that genocide could take. The title of Weiss-Wendt’s book reflects its argument that the expansiveness of genocide as an idea was “gutted” in the process of codifying it in an international treaty.


Book Review, Jamie Rowen, Searching For Truth In The Transitional Justice Movement (2017) & Leonie Steinl, Child Soldiers As Agents Of War And Peace: A Restorative Transitional Justice Approach To Accountability For Crimes Under International Law (2017), Mark A. Drumbl Jan 2018

Book Review, Jamie Rowen, Searching For Truth In The Transitional Justice Movement (2017) & Leonie Steinl, Child Soldiers As Agents Of War And Peace: A Restorative Transitional Justice Approach To Accountability For Crimes Under International Law (2017), Mark A. Drumbl

Scholarly Articles

Why do truth commissions emerge following some conflicts but not others? Jamie Rowen tackles this question in Searching for Truth in the Transitional Justice Movement. Rowen approaches this topic through a detailed study of three jurisdictions: the former Yugoslavia, Colombia, and the United States. Although truth commissions did progress in Colombia, they stalled in both the former Yugoslavia in the wake of the Balkan Wars as well as in the United States in regard to the conduct of US officials after the events on 11 September 2001. Rowen unpacks what happened and what failed to happen — and why …