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Articles 1 - 30 of 65
Full-Text Articles in Law
Constitutional Resilience, Shannon M. Roesler
Constitutional Resilience, Shannon M. Roesler
Washington and Lee Law Review
Since the New Deal era, our system of constitutional governance has relied on expansive federal authority to regulate economic and social problems of national scale. Throughout the twentieth century, Congress passed ambitious federal statutes designed to address these problems. In doing so, it often enlisted states as regulatory partners—creating a system of shared governance that underpins major environmental statutes, such as the Clean Water Act and the Clean Air Act. These governance structures remain important today as we seek to adapt our laws and institutions to the serious disruptions of climate change. But recent Supreme Court decisions challenge this long-established …
Keynote Address, Sultan Meghji
Keynote Address, Sultan Meghji
Washington and Lee Law Review
Keynote address presented virtually at the Washington and Lee Law Review's 54th Annual Lara D. Gass Symposium: The Future of E-Commerce: Is It on a Blockchain? on Friday, March 17, 2023 in Lexington, Virginia.
Mass Arbitration 2.0, Andrew B. Nissensohn
Mass Arbitration 2.0, Andrew B. Nissensohn
Washington and Lee Law Review
Over the past four decades, corporate interests, in concert with the Supreme Court, have surgically dismantled the American civil litigation system. Enacted nearly a century ago, the Federal Arbitration Act (FAA) was once a procedural law mandating that federal courts enforce arbitration agreements between sophisticated parties with equal bargaining power. Through death by a thousand cuts, corporate interests shielded themselves from nearly all methods of en masse dispute resolution. These interests weaponized the FAA into a “one size fits all” means to compel potential litigants with unequal bargaining power into arbitration. The so-called “Arbitration Revolution” is the subject of much …
Creating Cryptolaw For The Uniform Commercial Code, Carla L. Reyes
Creating Cryptolaw For The Uniform Commercial Code, Carla L. Reyes
Washington and Lee Law Review
A contract generally only binds its parties. Security agreements, which create a security interest in specific personal property, stand out as a glaring exception to this rule. Under certain conditions, security interests not only bind the creditor and debtor, but also third-party creditors seeking to lend against the same collateral. To receive this extraordinary benefit, creditors must put the world on notice, usually by filing a financing statement with the state in which the debtor is located. Unfortunately, the Uniform Commercial Code (U.C.C.) Article 9 filing system fails to provide actual notice to interested parties and introduces risk of heavy …
A Commercial Law For Software Contracting, Michael L. Rustad, Elif Kavusturan
A Commercial Law For Software Contracting, Michael L. Rustad, Elif Kavusturan
Washington and Lee Law Review
Since the 1980s, software is at the core of most modern organizations, most products and most services. Part II of this Article examines how the U.C.C. evolved as the primary source of law for the first generation of computer contracts during the mainframe computer era. Part III examines how courts have overextended U.C.C. Article 2, as the main source of law for software licensing, to the limits. Part IV argues that the ALI and the NCCUSL should propose a new Article 2B for software licensing. Part V recommends a new Article 2C for “software as a service.”
Looking Back, Looking Forward: Personal Reflections On A Scholarly Career, David K. Millon
Looking Back, Looking Forward: Personal Reflections On A Scholarly Career, David K. Millon
Washington and Lee Law Review
No abstract provided.
Reflecting On Three Decades Of Corporate Law Scholarship, Lyman P.Q. Johnson
Reflecting On Three Decades Of Corporate Law Scholarship, Lyman P.Q. Johnson
Washington and Lee Law Review
No abstract provided.
The Next Iteration Of Progressive Corporate Law, Matthew T. Bodie
The Next Iteration Of Progressive Corporate Law, Matthew T. Bodie
Washington and Lee Law Review
No abstract provided.
“Waiving” Goodbye To Arbitration: A Contractual Approach, Paul Bennett Iv
“Waiving” Goodbye To Arbitration: A Contractual Approach, Paul Bennett Iv
Washington and Lee Law Review
No abstract provided.
Drug Markets, Fringe Markets, And The Lessons Of Hamsterdam, Lance Mcmillian
Drug Markets, Fringe Markets, And The Lessons Of Hamsterdam, Lance Mcmillian
Washington and Lee Law Review
The Wire is the greatest television series of all-time. Not only that, it is the most important. One of the most memorable story arcs from The Wire’s five seasons is the rise and fall of Hamsterdam—a quasi-legalized drug zone in West Baltimore. Stories are powerful teaching tools because they marry information and context. By seeing how the application of law affects characters we know and care about, we become more attune to the potential effects of legal decisions in the real world. The story of Hamsterdam—which is essentially an attempt to transform a black market into a fringe market—presents just …
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.
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.
Interjurisdictional Competition In Enforcing Noncompetition Agreements: Regulatory Risk Management And The Race To The Bottom, Timothy P. Glynn
Interjurisdictional Competition In Enforcing Noncompetition Agreements: Regulatory Risk Management And The Race To The Bottom, Timothy P. Glynn
Washington and Lee Law Review
No abstract provided.
Inadequate Checks And Balances: Critiquing The Imbalance Of Power In Arms Export Regulation, Charles L. Capito Iii
Inadequate Checks And Balances: Critiquing The Imbalance Of Power In Arms Export Regulation, Charles L. Capito Iii
Washington and Lee Law Review
No abstract provided.
What Does Granholm V. Heald Mean For The Future Of The Twenty-First Amendment, The Three-Tier System, And Efficient Alcohol Distribution?, Gregory E. Durkin
What Does Granholm V. Heald Mean For The Future Of The Twenty-First Amendment, The Three-Tier System, And Efficient Alcohol Distribution?, Gregory E. Durkin
Washington and Lee Law Review
No abstract provided.
Limiting The Vicarious Liability Of Franchisors For The Torts Of Their Franchisees, Joseph H. King, Jr.
Limiting The Vicarious Liability Of Franchisors For The Torts Of Their Franchisees, Joseph H. King, Jr.
Washington and Lee Law Review
No abstract provided.
Commercial Law Collides With Cyberspace: The Trouble With Perfection - Insecurity Interests In The New Corporate Asset, Xuan-Thao N. Nguyen
Commercial Law Collides With Cyberspace: The Trouble With Perfection - Insecurity Interests In The New Corporate Asset, Xuan-Thao N. Nguyen
Washington and Lee Law Review
No abstract provided.
Let The Buyer Beware: The Seventh Circuit's Approach To Accept-Or-Return Offers, Kristin Johnson Hazelwood
Let The Buyer Beware: The Seventh Circuit's Approach To Accept-Or-Return Offers, Kristin Johnson Hazelwood
Washington and Lee Law Review
No abstract provided.
World Wide Web Advertising: Personal Jurisdiction Around The Whole Wide World?, Christopher W. Meyer
World Wide Web Advertising: Personal Jurisdiction Around The Whole Wide World?, Christopher W. Meyer
Washington and Lee Law Review
No abstract provided.
Castles In The Air: Blanket Assent And The Revision Of Article 2, Alexander M. Meiklejohn
Castles In The Air: Blanket Assent And The Revision Of Article 2, Alexander M. Meiklejohn
Washington and Lee Law Review
No abstract provided.
National Bellas Hess, Inc.: Obsolescent Precedent Or Good Law After Quill Corp. V. North Dakota?, Catherine V. Lane
National Bellas Hess, Inc.: Obsolescent Precedent Or Good Law After Quill Corp. V. North Dakota?, Catherine V. Lane
Washington and Lee Law Review
No abstract provided.
A New Approach To Hospital Immunity
A New Approach To Hospital Immunity
Washington and Lee Law Review
No abstract provided.
Inventory Lender As A Good Faith Purchaser For Value: Priority Problems In U.C.C. 2-702
Inventory Lender As A Good Faith Purchaser For Value: Priority Problems In U.C.C. 2-702
Washington and Lee Law Review
No abstract provided.
The New Payments Code And The Abolition Of Holder In Due Course Status As To Consumer Checks, Marion W. Benfield
The New Payments Code And The Abolition Of Holder In Due Course Status As To Consumer Checks, Marion W. Benfield
Washington and Lee Law Review
No abstract provided.
A Problem Involving Assignments Of Accounts Under Article 9, Ray D. Henson
A Problem Involving Assignments Of Accounts Under Article 9, Ray D. Henson
Washington and Lee Law Review
No abstract provided.