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Articles 1 - 30 of 49
Full-Text Articles in Law
An Empirical Examination Of Case Outcomes Under The Ada Amendments Act , Stephen F. Befort
An Empirical Examination Of Case Outcomes Under The Ada Amendments Act , Stephen F. Befort
Washington and Lee Law Review
Congress enacted the ADA Amendments Act (ADAAA) in order to override four Supreme Court decisions that had narrowly restricted the scope of those protected by the Americans with Disabilities Act (ADA) and to provide “a national mandate for the elimination of discrimination.” This Article undertakes an empirical examination of the impact of the ADAA on case outcomes. The recent reported cases provide a unique opportunity for such an examination because, with the ADAAA not retroactively applicable to cases pending prior to its effective date, courts have been simultaneously deciding cases under both the pre-amendment and post-amendment standards. This study examines …
The Unsupportable Cost Of Variable Pricing Of Student Loans , Jonathan D. Glater
The Unsupportable Cost Of Variable Pricing Of Student Loans , Jonathan D. Glater
Washington and Lee Law Review
No abstract provided.
The Promise Of Plyler: Public Institutional In-State Tuition Policies For Undocumented Students And Compliance With Federal Law, Nancy B. Anderson
The Promise Of Plyler: Public Institutional In-State Tuition Policies For Undocumented Students And Compliance With Federal Law, Nancy B. Anderson
Washington and Lee Law Review
No abstract provided.
Reinterpreting The Limited Partner Exclusion To Maximize Labor Income In The Self-Employment Tax Base , Laura E. Erdman
Reinterpreting The Limited Partner Exclusion To Maximize Labor Income In The Self-Employment Tax Base , Laura E. Erdman
Washington and Lee Law Review
No abstract provided.
Is Time Up For Equitable Relief? Examining Whether The Statute Of Limitations Contained In 28 U.S.C. § 2462 Applies To Claims For Injunctive Relief , Douglas Edward Pittman
Is Time Up For Equitable Relief? Examining Whether The Statute Of Limitations Contained In 28 U.S.C. § 2462 Applies To Claims For Injunctive Relief , Douglas Edward Pittman
Washington and Lee Law Review
No abstract provided.
Pharmaceutical Efficacy: The Illusory Legal Standard , Jonathan J. Darrow
Pharmaceutical Efficacy: The Illusory Legal Standard , Jonathan J. Darrow
Washington and Lee Law Review
The very long and expensive process of new drug research and development might suggest to observers that the efficacy standard for drugs is elevated and substantial, but this is not the case. Under the U.S. Federal Food, Drug, and Co smetic Act, new drug approval merely requires that there be “substantial evidence that the drug will have the effect it purports or is represented to have.” While the evidence of effectiveness must therefore be substantial, the efficacy attested to by that evidence need not surpass any particular threshold (other than zero), thus allowing drugs with de minimis efficacy to be …
The New Right In Water, Rhett B. Larson
The New Right In Water, Rhett B. Larson
Washington and Lee Law Review
This Article divides all rights into two broad categories— provision rights and participation rights. With a provision right, the government makes substantive guarantees to provide some minimum quantity and quality of a good or service. With a participation right, the government is legally proscribed from interfering with an individual citizen’s access to institutions and resources controlled or held in trust by the state, and the state is required to facilitate access to those institutions and resources equally and transparently. A growing number of national constitutions guarantee a right to water. Without exception to date, these constitutions frame the right to …
A Group’S A Group, No Matter How Small: An Economic Analysis Of Defamation, Alan D. Miller, Ronen Perry
A Group’S A Group, No Matter How Small: An Economic Analysis Of Defamation, Alan D. Miller, Ronen Perry
Washington and Lee Law Review
Consider the following: A Jews-for-Jesus bulletin reports, falsely, that a Jewish woman became “a believer in the tenets, the actions, and the philosophy of Jews for Jesus.” Does this publication constitute defamation? Should defamatoriness be determined in accordance with the views of the general non- Jewish community, with those of the Jewish minority, or with a normative ethical commitment? Our Article aims to provide the answers. Part I demonstrates that the de finition of defamatoriness in common law jurisdictions is essentially empirical and distinguishes between the two leading tests—the English test and the American test. Part II.A describes the English, …
Torturous Transfers: Examining Detainee Habeas Jurisdiction For Nonremoval Challenges And Deference To Diplomatic Assurances , Kristin E. Slawter
Torturous Transfers: Examining Detainee Habeas Jurisdiction For Nonremoval Challenges And Deference To Diplomatic Assurances , Kristin E. Slawter
Washington and Lee Law Review
No abstract provided.
Regulating Shadows: Financial Regulation And Responsibility Failure , Steven L. Schwarcz
Regulating Shadows: Financial Regulation And Responsibility Failure , Steven L. Schwarcz
Washington and Lee Law Review
In the modern financial architecture, financial services and products increasingly are provided outside of the traditional banking system—and thus without the need for bank intermediation between capital markets and the users of funds. Most corporate financing, for example, no longer is dependent on bank loans but is raised through special-purpose entities, money- market mutual funds, securiti es lenders, hedge funds, and investment banks. This shift, referred to as “disintermediation” and described as creating a “shadow banking” system, is transforming finance so radically that regulatory scholars need to rethink their assumptions. Two of the fundamental market failures underlying shadow banking—information failure …
Unenforceability, Lee Petherbridge, Jason Rantanen, R. Polk Wagner
Unenforceability, Lee Petherbridge, Jason Rantanen, R. Polk Wagner
Washington and Lee Law Review
The patent doctrine of inequitable conduct—which allows a patent to be held unenforceable on the basis of misbehavior by the applicant during patent prosecution—has been the subject of intense criticism from the bench and bar alike. And yet to date there has been no systematic attempt to determine whether the doctrine is or is not working as theorized. This study fills that gap. We evaluate the performance of the inequitable conduct doctrine with a novel methodological approach: by empirically characterizing the differences between patents found unenforceable and several other types of patents (unlitigated, litigated, invalid, obvious, and underdisclosed), we use …
Untangling The Circuit Splits Regarding Cell Tower Siting Policy And 47 U.S.C. § 332(C)(7): When Is A Denial Of One Effectively A Prohibition On All? , Lucas R. White
Untangling The Circuit Splits Regarding Cell Tower Siting Policy And 47 U.S.C. § 332(C)(7): When Is A Denial Of One Effectively A Prohibition On All? , Lucas R. White
Washington and Lee Law Review
No abstract provided.
Removing Revlon, Franklin A. Gevurtz
Removing Revlon, Franklin A. Gevurtz
Washington and Lee Law Review
This Article advocates the abolition of the Revlon doctrine— the junior partner in Delaware’s corporate takeover jurisprudence, which governs certain contests involving auctions and sales of control. Revlon arose in the twilight zone created by the overlap between defenses to hostile tender offers and efforts by directors to avoid or coerce a shareholder vote on corporate mergers and sales (shotgun corporate marriages). The narrow holding of the case stands for the common sense proposition that if directors decide to sell their corporation by choosing between two bids, both of which will pay all of the shareholders cash for all of …
Enforcement As Substance In Tax Compliance , Leandra Lederman, Ted Sichelman
Enforcement As Substance In Tax Compliance , Leandra Lederman, Ted Sichelman
Washington and Lee Law Review
It is well known that the government’s complete failure to enforce a law can nullify that law. But what are the effects of partial enforcement? This Article shows that imperfect enforcement can alter the de facto content of the written law in predictable and beneficial ways. Specifically, in the tax compliance context, even if perfect enforcement were costless, it would not always be socially optimal. When improving the substantive law is infeasible, th e enforcement agency can effect beneficial changes in the law by adopting a probabilistic enforcement scheme that varies according to the category of taxpayer and type of …
The Odd State Of Twiqbal Plausibility In Pleading Affirmative Defenses , William M. Janssen
The Odd State Of Twiqbal Plausibility In Pleading Affirmative Defenses , William M. Janssen
Washington and Lee Law Review
No abstract provided.
Over Your Head, Under The Radar: An Examination Of Changing Legislation, Aging Case Law, And Possible Solutions To The Domestic Police Drone Puzzle , J. Tyler Black
Over Your Head, Under The Radar: An Examination Of Changing Legislation, Aging Case Law, And Possible Solutions To The Domestic Police Drone Puzzle , J. Tyler Black
Washington and Lee Law Review
No abstract provided.
Virginia’S Redefinition Of The “Future Dangerousness” Aggravating Factor: Unprecedented, Unfounded, And Unconstitutional , Lara D. Gass
Virginia’S Redefinition Of The “Future Dangerousness” Aggravating Factor: Unprecedented, Unfounded, And Unconstitutional , Lara D. Gass
Washington and Lee Law Review
No abstract provided.
Is Your Itunes Playlist Worth Six Figures? Due Process, Statutory Damages, And Peer-To-Peer Copyright Infringement , Ryan M. Hrobak
Is Your Itunes Playlist Worth Six Figures? Due Process, Statutory Damages, And Peer-To-Peer Copyright Infringement , Ryan M. Hrobak
Washington and Lee Law Review
No abstract provided.
Unstoppable V. Unwaivable, Steven Benjamin
Unstoppable V. Unwaivable, Steven Benjamin
Washington and Lee Law Review
No abstract provided.
Validating The Right To Counsel, Brandon L. Garrett
Validating The Right To Counsel, Brandon L. Garrett
Washington and Lee Law Review
No abstract provided.
Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King
Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King
Washington and Lee Law Review
No abstract provided.
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Washington and Lee Law Review
No abstract provided.
Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples
Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples
Washington and Lee Law Review
No abstract provided.
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Washington and Lee Law Review
No abstract provided.
Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps
Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps
Washington and Lee Law Review
No abstract provided.
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Washington and Lee Law Review
No abstract provided.
The Problem With Misdemeanor Representation, Erica Hashimoto
The Problem With Misdemeanor Representation, Erica Hashimoto
Washington and Lee Law Review
No abstract provided.
Gideon Skepticism, Alexandra Natapoff
Gideon Skepticism, Alexandra Natapoff
Washington and Lee Law Review
The criminal defense lawyer occupies a special doctrinal place in criminal procedure. It is the primary structural guarantor of fairness, the single most important source of validation for individual convictions. Conversely, if a person did have a competent lawyer, it generates a set of presumptions that his trial was in fact fair, the evidence sufficient, and his plea knowing and voluntary. This is a highly problematic legal fiction. The presence of counsel advances but cannot guarantee fair trials and voluntary pleas. More fundamentally, a lawyer in an individual case will often be powerless to address a wide variety of systemic …
Crashing The Misdemeanor System, Jenny Roberts
Crashing The Misdemeanor System, Jenny Roberts
Washington and Lee Law Review
No abstract provided.
Two Rights To Counsel, Josh Bowers
Two Rights To Counsel, Josh Bowers
Washington and Lee Law Review
No abstract provided.