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Articles 1 - 30 of 43

Full-Text Articles in Law

Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether Sep 2005

Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether

Washington and Lee Law Review

No abstract provided.


Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn Sep 2005

Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn

Washington and Lee Law Review

No abstract provided.


Fourth Circuit Publication Practices, Carl Tobias Sep 2005

Fourth Circuit Publication Practices, Carl Tobias

Washington and Lee Law Review

No abstract provided.


Duck Duck Recuse? Foreign Common Law Guidance & Improving Recusal Of Supreme Court Justices, R. Matthew Pearson Sep 2005

Duck Duck Recuse? Foreign Common Law Guidance & Improving Recusal Of Supreme Court Justices, R. Matthew Pearson

Washington and Lee Law Review

No abstract provided.


A Tribute To Edward 0. Henneman Sep 2005

A Tribute To Edward 0. Henneman

Washington and Lee Law Review

No abstract provided.


Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy Sep 2005

Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.


Publishing Dissent, Arthur J. Jacobson Sep 2005

Publishing Dissent, Arthur J. Jacobson

Washington and Lee Law Review

No abstract provided.


Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens Sep 2005

Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens

Washington and Lee Law Review

No abstract provided.


Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill Sep 2005

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill

Washington and Lee Law Review

No abstract provided.


Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati Sep 2005

Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati

Washington and Lee Law Review

No abstract provided.


Much Ado About The Tip Of An Iceberg, William M. Richman Sep 2005

Much Ado About The Tip Of An Iceberg, William M. Richman

Washington and Lee Law Review

No abstract provided.


Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz Sep 2005

Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz

Washington and Lee Law Review

No abstract provided.


The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett Sep 2005

The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett

Washington and Lee Law Review

No abstract provided.


Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein Sep 2005

Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein

Washington and Lee Law Review

No abstract provided.


In The Land Between Two Maps: Perceived Disabilities, Reasonable Accommodations, And Judicial Battles Over The Ada, Nicholas R. Frazier Sep 2005

In The Land Between Two Maps: Perceived Disabilities, Reasonable Accommodations, And Judicial Battles Over The Ada, Nicholas R. Frazier

Washington and Lee Law Review

No abstract provided.


Third Party Consent Searches And The Fourth Amendment: Refusal, Consent, And Reasonableness, Elizabeth A. Wright Sep 2005

Third Party Consent Searches And The Fourth Amendment: Refusal, Consent, And Reasonableness, Elizabeth A. Wright

Washington and Lee Law Review

No abstract provided.


Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew Jun 2005

Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew

Washington and Lee Law Review

No abstract provided.


A Tribute To Frederic L. Kirgis, Mark Drumbl, Jose E. Alvarez, David Partlett, David Millon, Blake D. Morant, Detlev F. Vagts, Paul F. Kirgis, John H. Jackson, Lucinda A. Low, Malgosia Fitzmaurice, Joan M. Shaughnessy, Brian C. Murchison, Samuel W. Calhoun, David Wirth, Roger D. Groot, Mark Grunewald Jun 2005

A Tribute To Frederic L. Kirgis, Mark Drumbl, Jose E. Alvarez, David Partlett, David Millon, Blake D. Morant, Detlev F. Vagts, Paul F. Kirgis, John H. Jackson, Lucinda A. Low, Malgosia Fitzmaurice, Joan M. Shaughnessy, Brian C. Murchison, Samuel W. Calhoun, David Wirth, Roger D. Groot, Mark Grunewald

Washington and Lee Law Review

No abstract provided.


Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah Jun 2005

Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah

Washington and Lee Law Review

No abstract provided.


Congress Gave And Congress Hath Taken Away:1 Jurisdiction Withdrawal And The Constitution, Travis Christopher Barham Jun 2005

Congress Gave And Congress Hath Taken Away:1 Jurisdiction Withdrawal And The Constitution, Travis Christopher Barham

Washington and Lee Law Review

No abstract provided.


Search Engines And Internet Advertisers: Just One Click Away From Trademark Infringement?, Lauren Troxclair Jun 2005

Search Engines And Internet Advertisers: Just One Click Away From Trademark Infringement?, Lauren Troxclair

Washington and Lee Law Review

No abstract provided.


The Challenge To The Individual Causation Requirement In Mass Products Torts, Donald G. Gifford Jun 2005

The Challenge To The Individual Causation Requirement In Mass Products Torts, Donald G. Gifford

Washington and Lee Law Review

No abstract provided.


Beyond The Margin Of Litigation: Reforming U.S. Election Administration To Avoid Electoral Meltdown, Richard L. Hasen Jun 2005

Beyond The Margin Of Litigation: Reforming U.S. Election Administration To Avoid Electoral Meltdown, Richard L. Hasen

Washington and Lee Law Review

No abstract provided.


Institutions, Incentives, And Consumer Bankruptcy Reform, Todd J. Zywicki Jun 2005

Institutions, Incentives, And Consumer Bankruptcy Reform, Todd J. Zywicki

Washington and Lee Law Review

No abstract provided.


Corporate Liability For Overseas Human Rights Abuses: The Alien Tort Statute After Sosa V. Alvarez-Machain, David D. Christensen Jun 2005

Corporate Liability For Overseas Human Rights Abuses: The Alien Tort Statute After Sosa V. Alvarez-Machain, David D. Christensen

Washington and Lee Law Review

No abstract provided.


Taking It Out Of Neutral: The Application Of Locke's Substantial Interest Test To The School Voucher Debate, Sarah Waszmer Jun 2005

Taking It Out Of Neutral: The Application Of Locke's Substantial Interest Test To The School Voucher Debate, Sarah Waszmer

Washington and Lee Law Review

No abstract provided.


The Law Of Unintended Consequences: The Digital Millennium Copyright Act And Interoperability, Jacqueline Lipton Mar 2005

The Law Of Unintended Consequences: The Digital Millennium Copyright Act And Interoperability, Jacqueline Lipton

Washington and Lee Law Review

The Digital Millennium Copyright Act (DMCA) has been criticized for many reasons, including its impact on the fair use defense to copyright infringement, and its potential to chill the free exchange of scientific, technical, and educational information. Law professors and special interest groups have opposed elements of the DMCA from its inception and continue to lobby for reform. One of the more recent concerns about the DMCA involves the incorporation of copyrightable software code into tangible goods for purposes related to the functionality of those goods. Some manufacturers of such products recently have attempted to use the DMCA to prevent …


Limiting The Vicarious Liability Of Franchisors For The Torts Of Their Franchisees, Joseph H. King, Jr. Mar 2005

Limiting The Vicarious Liability Of Franchisors For The Torts Of Their Franchisees, Joseph H. King, Jr.

Washington and Lee Law Review

No abstract provided.


Taxing Nonprofits Out Of Business, Diane L. Fahey Mar 2005

Taxing Nonprofits Out Of Business, Diane L. Fahey

Washington and Lee Law Review

In the last twenty years, the number of nonprofit organizations has exploded; there are more than 1.2 million organizations registered with the Internal Revenue Service. Donations and government grants have decreased, while at the same time, nonprofits are facing increasing demands on their services. As a result, nonprofit organizations have been forced to devise new strategies for acquiring funds. Some nonprofit organizations have resorted to renting their mailing lists to businesses and other nonprofit organizations and have licensed their names and logos to be displayed on affinity credit cards offered by banks to consumers. Nonprofit organizations have argued that these …


Walled Gardens, Dan Hunter Mar 2005

Walled Gardens, Dan Hunter

Washington and Lee Law Review

The most significant recent development in scholarly publishing is the open-access movement, which seeks to provide free online access to scholarly literature. Though this movement is well developed in scientific and medical disciplines, American law reviews are almost completely unaware of the possibilities of open-access publishing models. This Essay explains how open-access publishing works, why it is important, and makes the case for its widespread adoption by law reviews. It also reports on a survey of law review publication policies conducted in 2004. This survey shows, inter alia, that few law reviews have embraced the opportunities of open-access publishing, and …