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

Law Commons™

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

Washington and Lee Law Review

Discipline
Keyword
Publication Year

Articles 391 - 420 of 3361

Full-Text Articles in Law

Masthead And Front Matter Apr 2017

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.


The Next Iteration Of Progressive Corporate Law, Matthew T. Bodie Apr 2017

The Next Iteration Of Progressive Corporate Law, Matthew T. Bodie

Washington and Lee Law Review

No abstract provided.


Religious Conceptions Of Corporate Purpose, Ronald J. Colombo Apr 2017

Religious Conceptions Of Corporate Purpose, Ronald J. Colombo

Washington and Lee Law Review

No abstract provided.


Purposive Loyalty, Andrew S. Gold Apr 2017

Purposive Loyalty, Andrew S. Gold

Washington and Lee Law Review

No abstract provided.


Lyman Johnson’S Invaluable Contribution To Delaware Corporate Jurisprudence, Lawrence A. Hamermesh, Jack B. Jacobs Apr 2017

Lyman Johnson’S Invaluable Contribution To Delaware Corporate Jurisprudence, Lawrence A. Hamermesh, Jack B. Jacobs

Washington and Lee Law Review

No abstract provided.


Shareholder Wealth Maximization As A Function Of Statutes, Decisional Law, And Organic Documents, Joan Macleod Heminway Apr 2017

Shareholder Wealth Maximization As A Function Of Statutes, Decisional Law, And Organic Documents, Joan Macleod Heminway

Washington and Lee Law Review

No abstract provided.


The Shrinking Scope Of Csr In Uk Corporate Law, Andrew Johnston Apr 2017

The Shrinking Scope Of Csr In Uk Corporate Law, Andrew Johnston

Washington and Lee Law Review

Through a historical analysis of corporate law reforms in the United Kingdom (UK) during the twentieth and early twenty-first centuries, this paper traces the shrinking scope for corporations to take socially responsible decisions. It offers a detailed examination of the rationales and drivers of the reforms, and shows that, by focusing exclusively on the question of accountability of directors to shareholders, wider social concerns were “bracketed” after 1948, leading to a permanent state of “crisis,” which constantly threatens the legitimacy of the corporate law system. Following the Brexit vote, there are signs that the UK Government is willing to reconsider …


Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett H. Mcdonnell Apr 2017

Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett H. Mcdonnell

Washington and Lee Law Review

No abstract provided.


Corporate Power Is Corporate Purpose Ii: An Encouragement For Future Consideration From Professors Johnson And Millon, Leo E. Strine Jr. Apr 2017

Corporate Power Is Corporate Purpose Ii: An Encouragement For Future Consideration From Professors Johnson And Millon, Leo E. Strine Jr.

Washington and Lee Law Review

No abstract provided.


Confident Pluralism In Corporate Legal Theory, Robert K. Vischer Apr 2017

Confident Pluralism In Corporate Legal Theory, Robert K. Vischer

Washington and Lee Law Review

No abstract provided.


Effective Compliance With Antidiscrimination Law: Corporate Personhood, Purpose And Social Responsibility, Cheryl L. Wade Apr 2017

Effective Compliance With Antidiscrimination Law: Corporate Personhood, Purpose And Social Responsibility, Cheryl L. Wade

Washington and Lee Law Review

No abstract provided.


The Life (And Death?) Of Corporate Waste, Harwell Wells Apr 2017

The Life (And Death?) Of Corporate Waste, Harwell Wells

Washington and Lee Law Review

At first glance, corporate waste makes no sense. The very definition of waste—a transaction so one-sided that no reasonable business person would enter into it, an act equivalent to gift or “spoliation”—suggests that it would never occur, for what corporation would ever enter into a transaction so absurd? Yet waste claims are regularly made against corporate managers. Respected judges have downplayed waste as a “vestige” and described it as “possibly non-existent,” the Loch Ness monster of corporate law; but waste survives. It is a remnant of ultra vires, a doctrine proclaimed largely dead for the last hundred years—but waste is …


Looking Back, Looking Forward: Personal Reflections On A Scholarly Career, David K. Millon Apr 2017

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 Apr 2017

Reflecting On Three Decades Of Corporate Law Scholarship, Lyman P.Q. Johnson

Washington and Lee Law Review

No abstract provided.


Tribute To Professor Margaret Howard, Neil P. Olack, Geoffrey L. Berman, Eric D. Chapman, Shane Vandenberg, Joshua A.T. Fairfield, Lois R. Lupica, Ann Maclean Massie, Denise Neary, Nancy B. Rapoport, Charles J. Tabb, Eugene R. Wedoff, Robin Fretwell Wilson Apr 2017

Tribute To Professor Margaret Howard, Neil P. Olack, Geoffrey L. Berman, Eric D. Chapman, Shane Vandenberg, Joshua A.T. Fairfield, Lois R. Lupica, Ann Maclean Massie, Denise Neary, Nancy B. Rapoport, Charles J. Tabb, Eugene R. Wedoff, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.


Tribute To Professor Sally Wiant, Laura N. Gasaway, James Heller, Ann Maclean Massie, Brian C. Murchison, Caroline L. Osborne, Christopher B. Seaman, Joan Shaughnessy, Joseph A. Ulrich, Christopher Wolf Apr 2017

Tribute To Professor Sally Wiant, Laura N. Gasaway, James Heller, Ann Maclean Massie, Brian C. Murchison, Caroline L. Osborne, Christopher B. Seaman, Joan Shaughnessy, Joseph A. Ulrich, Christopher Wolf

Washington and Lee Law Review

No abstract provided.


The Fiduciary Enterprise Of Corporate Law, Christopher M. Bruner Apr 2017

The Fiduciary Enterprise Of Corporate Law, Christopher M. Bruner

Washington and Lee Law Review

No abstract provided.


Corporate Officers As Agents, Deborah A. Demott Apr 2017

Corporate Officers As Agents, Deborah A. Demott

Washington and Lee Law Review

No abstract provided.


Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire A. Hill Apr 2017

Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire A. Hill

Washington and Lee Law Review

No abstract provided.


Corporate Governance As Moral Psychology, Alan R. Palmiter Apr 2017

Corporate Governance As Moral Psychology, Alan R. Palmiter

Washington and Lee Law Review

No abstract provided.


Civil Asset Forfeiture In Virginia: An Imperfect System, James Simon Apr 2017

Civil Asset Forfeiture In Virginia: An Imperfect System, James Simon

Washington and Lee Law Review

No abstract provided.


Recasting Vagueness: The Case Of Teen Sex Statutes, Cynthia Godsoe Jan 2017

Recasting Vagueness: The Case Of Teen Sex Statutes, Cynthia Godsoe

Washington and Lee Law Review

When two minors below the age of consent have sex, who is the victim and who is the offender? Statutory rape law makes consensual sex among minors illegal in almost every state. Where half of high school students have had intercourse, the law’s immense scope and inevitable underenforcement allow prosecutors to virtually define the crime by the tiny percentage of cases they choose. Through the lens of peer statutory rape, this Article introduces and critiques “vaguenets”—broad, under-defined laws that punish widespread and largely harmless conduct, and invite selective enforcement. Like problematic police dragnet searches, the immense sweep of these statutes …


Examining Rule 11(B)(1)(N) Error: Guilty Pleas, Appellate Waiver, And Dominguez Benitez, Leanna C. Minix Jan 2017

Examining Rule 11(B)(1)(N) Error: Guilty Pleas, Appellate Waiver, And Dominguez Benitez, Leanna C. Minix

Washington and Lee Law Review

No abstract provided.


Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin Jan 2017

Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin

Washington and Lee Law Review

No abstract provided.


Table Of Contents Jan 2017

Table Of Contents

Washington and Lee Law Review

No abstract provided.


Contracting Correctness: A Rubric For Analyzing Morality Clauses, Patricia SáNchez Abril, Nicholas Greene Jan 2017

Contracting Correctness: A Rubric For Analyzing Morality Clauses, Patricia SáNchez Abril, Nicholas Greene

Washington and Lee Law Review

Morality clauses give a contracting party the right to terminate if the other party behaves badly or embarrassingly. A curious product of twentieth-century Hollywood, these contract clauses have traditionally been used to control the antics of entertainers and athletes. The current politically-sensitive historical moment, combined with the internet’s ability to broadcast widely and permanently, has put everyone’s off-duty speech, conduct, and reputation under the microscope. Media reports detailing people’s digital falls from grace abound. For fear of negative association, businesses are more attuned than ever to the extracurricular acts of their agents and associates—and are increasingly binding them to morality …


Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, Stacy-Ann Elvy Jan 2017

Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, Stacy-Ann Elvy

Washington and Lee Law Review

The Internet of Things (IOT) has been described by the American Bar Association as “one of the fastest emerging,” potentially most “transformative and disruptive technological developments” in recent years. The security risks posed by the IOT are immense and Article 2 of the UCC should play a central role in determinations regarding liability for vulnerable IOT products. However, the lack of explicit clarity in the UCC on how to evaluate Article 2’s applicability to hybrid transactions that involve the provision of goods, services, and software has led to conflicting case law on this issue, which contradicts the UCC’s stated goals …


Testation And The Mind, Adam J. Hirsch Jan 2017

Testation And The Mind, Adam J. Hirsch

Washington and Lee Law Review

This Article explores the panoply of state-of-mind rules in inheritance law. In areas of law concerned with wrongdoing, consideration of mental states achieves specific deterrence and moral justice. By comparison, in the inheritance realm, I argue that consideration of mental states can serve to economize on decision costs. The Article looks at state-of-mind rules through this prism and also analyzes the public policy of these rules from the perspective of modern research into psychology. Finally, the Article examines state-of-mind rules comparatively, identifying inconsistencies between them that require justification. The Article closes by observing potential expansions of the model and applications …


You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski Jan 2017

You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski

Washington and Lee Law Review

No abstract provided.


Waivering About The Dirty Business Of Plea Bargains—A Comment, Jonathan Shapiro Jan 2017

Waivering About The Dirty Business Of Plea Bargains—A Comment, Jonathan Shapiro

Washington and Lee Law Review

No abstract provided.