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Articles 1 - 30 of 37
Full-Text Articles in Law
Judicial Review Of Disproportionate (Or Retaliatory) Deportation, Jason A. Cade
Judicial Review Of Disproportionate (Or Retaliatory) Deportation, Jason A. Cade
Washington and Lee Law Review
No abstract provided.
National Security, Immigration And The Muslim Bans, Shoba Sivaprasad Wadhia
National Security, Immigration And The Muslim Bans, Shoba Sivaprasad Wadhia
Washington and Lee Law Review
No abstract provided.
Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies
Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies
Washington and Lee Law Review
No abstract provided.
Patently Absurd: Critiquing The Uspto’S Disparate Treatment Of Tribal And State Immunity In Inter Partes Review, Maya Ginga
Washington and Lee Law Review
No abstract provided.
287(G) Agreements In The Trump Era, Huyen Pham
287(G) Agreements In The Trump Era, Huyen Pham
Washington and Lee Law Review
No abstract provided.
Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson
Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson
Washington and Lee Law Review
No abstract provided.
Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom
Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom
Washington and Lee Law Review
No abstract provided.
Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen
Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen
Washington and Lee Law Review
My intended focus is on the widespread response—in cities, churches, campuses, and corporations that together comprise “sanctuary networks”1—to the Trump Administration’s Executive Order 13768 Enhancing Public Safety in the Interior of the United States2 as an instance of the changing relationship between federal, local, and private organizations in the regulation of immigration. After briefly covering the legal background of the Trump Interior E.O., the focus of the Article shifts to the institutional dynamics arising in communities. These institutional dynamics exemplify the beginnings of a reimagined immigration enforcement policy with a more integrative flavor.
Immigrant Defense Funds For Utopians, César Cuauhtémoc García Hernández
Immigrant Defense Funds For Utopians, César Cuauhtémoc García Hernández
Washington and Lee Law Review
No abstract provided.
The Authoritarianization Of U.S. Counterterrorism, Sahar F. Aziz
The Authoritarianization Of U.S. Counterterrorism, Sahar F. Aziz
Washington and Lee Law Review
No abstract provided.
In Defense Of Hearth And [Foster] Home: Determining The Constitutionality Of State Regulation Of Firearm Storage In Foster Homes, Joseph G. Duchane
In Defense Of Hearth And [Foster] Home: Determining The Constitutionality Of State Regulation Of Firearm Storage In Foster Homes, Joseph G. Duchane
Washington and Lee Law Review
No abstract provided.
A Tribute To Professor Mark H. Grunewald, Samuel W. Calhoun, Robert T. Danforth, Sidney S. Evans, Edward O. Henneman, Andrew W. Mcthenia, Brian C. Murchison, Joan M. Shaughnessy, Barry Sullivan, John W. Vardaman, Mark A. Williams
A Tribute To Professor Mark H. Grunewald, Samuel W. Calhoun, Robert T. Danforth, Sidney S. Evans, Edward O. Henneman, Andrew W. Mcthenia, Brian C. Murchison, Joan M. Shaughnessy, Barry Sullivan, John W. Vardaman, Mark A. Williams
Washington and Lee Law Review
No abstract provided.
Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher
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 …
Constitutional Clause Aggregation And The Marijuana Crimes, Scott W. Howe
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 Gatekeepers Of Crowdfunding, Andrew A. Schwartz
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 …
The Leidos Mixup And The Misunderstood Duty To Disclose In Securities Law, Matthew C. Turk, Karen E. Woody
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. …
The Diminishing Duty Of Loyalty, Julian Velasco
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 …
Cash For Your Conscience: Do Whistleblower Incentives Improve Enforcement Of The Foreign Corrupt Practices Act?, Amy Deen Westbrook
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.
In Or Out: How To Treat Foreign Taxes Under The Economic Substance Doctrine, Roland Hartung
In Or Out: How To Treat Foreign Taxes Under The Economic Substance Doctrine, Roland Hartung
Washington and Lee Law Review
No abstract provided.
A Legal Frankenstein’S Monster: The Complete Bar Order In Securities Fraud Class Action Lawsuits, Jonathan C. Stanley
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.
The Formulary Fix Buries Fritz & Harvey: Drug Promotion Escapes Its Past Constraints, James T. O'Reilly
The Formulary Fix Buries Fritz & Harvey: Drug Promotion Escapes Its Past Constraints, James T. O'Reilly
Washington and Lee Law Review
No abstract provided.
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson
Washington and Lee Law Review
No abstract provided.
Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs
Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs
Washington and Lee Law Review
Mass atrocity prosecutions are credited with advancing a host of praiseworthy objectives. They are believed to impose much-needed retribution, deter future atrocities, and affirm the rule of law in previously lawless societies. However, mass atrocity prosecutions will accomplish none of these laudable ends unless they are able to find accurate facts. Convicting the appropriate individuals of the appropriate crimes is a necessary and foundational condition for the success of mass atrocity prosecutions. But it is a condition that is frequently difficult to meet, as mass atrocity prosecutions are often bedeviled by pervasive and invidious obstacles to accurate fact-finding. This Article …
Quacks Or Bootleggers: Who’S Really Regulating Hedge Funds?, Jeremy Kidd
Quacks Or Bootleggers: Who’S Really Regulating Hedge Funds?, Jeremy Kidd
Washington and Lee Law Review
Influential scholars of corporate law have questioned previous federal interventions into corporate governance, calling it quackery. Invoking images of medical malpractice, these critiques have argued persuasively that Congress, in responding to crises, makes policy that disrupts efficient private rules and established state laws. This Article applies the Bootleggers and Baptists theory to show that Dodd–Frank’s hedge fund rules are more than just negligent or reckless, but designed to benefit special interests that compete with the hedge fund model. Those rules offer no solutions to any real or perceived risks arising from hedge fund investing, but might offer an advantage to …
Ending Litigation And Financial Windfalls On Time-Barred Debts, Marc C. Mcallister
Ending Litigation And Financial Windfalls On Time-Barred Debts, Marc C. Mcallister
Washington and Lee Law Review
A trap for unsophisticated debtors, debt collectors often attempt to collect time-barred debts through written offers to settle those debts for a fraction of what is owed. Debtors typically respond to such offers in one of four ways. First, some debtors simply pay the offered settlement amount, usually 10%–40% of the total outstanding debt, thereby satisfying the debt in full. Second, those who wish to eliminate the debt but cannot pay the entire offered settlement amount will instead make a small payment, unwittingly reviving the statute of limitations on collections and making the entire debt judicially enforceable for several years …