Law Commons^™

The Separation Of Corporate Law And Social Welfare, William W. Bratton

Washington and Lee Law Review

No abstract provided.

Foreign Governments As Plaintiffs In U.S. Courts And The Case Against “Judicial Imperialism”, Hannah L. Buxbaum

Washington and Lee Law Review

One consequence of the increasingly transnational nature of civil litigation is that U.S. courts must frequently address the interests of foreign sovereigns. These interactions arise primarily in three contexts: when a foreign government is the defendant in a U.S. court; when a claim requires a U.S. court to scrutinize actions taken by a foreign government; and when a U.S. court seeks to apply U.S. law to persons or conduct within a foreign government’s borders. Each of these contexts invokes a narrative in which the engagement of U.S. courts interferes or conflicts with the prerogatives of a foreign sovereign. As a …

Epigenetics And Toxic Torts: How Epidemiological Evidence Informs Causation, Kerriann Laubach

Washington and Lee Law Review

No abstract provided.

The Freedom To Pursue A Common Calling: Applying Intermediate Scrutiny To Occupational Licensing Statutes, Alexandra L. Klein

Washington and Lee Law Review

No abstract provided.

In Need Of Direction: An Evaluation Of The "Direct Effect" Requirement Under Foreign Trade Antitrust Improvements Act, Claire L. Leonard

Washington and Lee Law Review

No abstract provided.

Irresolute Testators, Clear And Convicing Wills Law, Jane B. Baron

Washington and Lee Law Review

Controversial recent wills law reforms, embodied in new provisions of both the Uniform Probate Code and the Restatement of Property, excuse so-called harmless errors in will execution and permit judicial correction of erroneous terms in a will or trust. Both reforms pose evidentiary dangers, as proof of the error must come from outside the attested instrument and will be offered after the testator’s death. To respond to this concern, both the error and the testator’s true intent must be established by “clear and convincing” evidence. This Article is the first to examine how courts have applied the clear and convincing …

The Preempting Of Equal Protection For Immigrants?, Jenny-Brooke Condon

Washington and Lee Law Review

Recent debates about immigration have focused overwhelmingly on unauthorized migration and the respective roles of the federal and state governments in enforcing immigration law. But that emphasis in law and theory has obscured a critical civil rights question of our time: what measure of equality is due to those with the opportunity to abide by the rules of entry, who are now lawfully present within the United States? Although the United States Supreme Court recognized decades ago that lawfully present migrants are a discrete and insular minority entitled to heightened judicial protection under the Equal Protection Clause of the Fourteenth …

Criminal Adjudication, Error Correction, And Hindsight Blind Spots, Lisa Kern Griffin

Washington and Lee Law Review

Concerns about hindsight in the law typically arise with regard to the bias that outcome knowledge can produce. But a more difficult problem than the clear view that hindsight appears to provide is the blind spot that it actually has. Because of the conventional wisdom about error review, there is a missed opportunity to ensure meaningful scrutiny. Beyond the confirmation biases that make convictions seem inevitable lies the question whether courts can see what they are meant to assess when they do look closely for error. Standards that require a retrospective showing of materiality, prejudice, or harm turn on what …

Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Jenia I. Turner, Allison D. Redlich George Mason University

Washington and Lee Law Review

Our criminal justice system resolves most of its cases through plea bargains. Yet the U.S. Supreme Court has not required that any evidence, even exculpatory or impeachment evidence, be provided to the defense before a guilty plea. As a result, state rules on pre-plea discovery differ widely. While some jurisdictions follow an “open-file” model, imposing relatively broad discovery obligations on prosecutors early in the criminal process, others follow a more restrictive, “closed-file” model and allow the prosecution to avoid production of critical evidence either entirely or until very near the time of trial. Though the advantages and disadvantages of both …

A Tale Of Two Cases, Paul J. Larkin Jr.

Washington and Lee Law Review

No abstract provided.

A Curious Call For More Judicial Activism: Comment On Alexandra Klein's "The Freedom To Pursue A Common Calling", Mark Rush

Washington and Lee Law Review

No abstract provided.

Recalling First Principles: The Importance Of Comity In Avoiding Antitrust Imperialism, J. Franck Hogue

Washington and Lee Law Review

No abstract provided.

Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva R. Moffat University Of Denver College Of Law

Washington and Lee Law Review

No abstract provided.

The Meaning Of "Direct" Effect On Domestic Commerce Under The Foreign Trade Antitrust Improvements Act, John J. Miles

Washington and Lee Law Review

No abstract provided.

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.

The New Peonage, Tamar R. Birckhead

Washington and Lee Law Review

Although the Thirteenth Amendment to the Constitution formally abolished slavery and involuntary servitude in 1865, the text created an exception for the punishment of crimes “whereof the party shall have been duly convicted.” Two years later, Congress passed The Anti-Peonage Act in an attempt to prohibit the practice of coerced labor for debt. Yet, in the wake of the Civil War, Southern states innovated ways to impose peonage but avoid violations of the law, including criminal surety statutes that allowed employers to pay the court fines for indigent misdemeanants charged with minor offenses in exchange for a commitment to work. …

Rethinking Limited Liability Of Parent Corporations For Foreign Subsidiaries’ Violations Of International Human Rights Law, Gwynne Skinner

Washington and Lee Law Review

The doctrine of limited liability of shareholders often prevents victims harmed by a corporation’s foreign subsidiary’s violation of international human rights norms from obtaining a remedy when that subsidiary operates in a country that has a weak or ineffective judicial system. This is because victims are often unable to obtain a remedy in these countries, and the doctrine almost always prevents victims from seeking a remedy from the parent corporation. Given this problem, in what situations should parent corporations be liable for the tortious activities of their foreign subsidiaries? This Article discusses the circumstances where imposing liability on parent corporations …

Customized Procedure In Theory And Reality, W. Mark C. Weidemaier

Washington and Lee Law Review

Contract theory has long posited that parties can maximize contract value by manipulating the procedural rules that will apply if there is a dispute. Beyond choosing a litigation or arbitration forum, parties can allocate costs and fees, alter pleading standards, adjust evidentiary and discovery rules, and customize nearly every aspect of the adjudication process. In time, this theoretical insight became a matter of faith. The assumption that contracts routinely alter procedural rules spawned debate over the normative implications of allowing parties to dictate procedure. Only recently have a few studies suggested that this debate may lack a firm empirical foundation. …

The Player, The Video Game, And The Tattoo Artist: Who Has The Most Skin In The Game?, Jennifer L. Commander

Washington and Lee Law Review

No abstract provided.

Living In A Material World: Defining “Materiality” In The Municipal Bond Market And Rule 15c2–12, Charlotte W. Rhodes

Washington and Lee Law Review

No abstract provided.

Taxonomy Of The Snowden Disclosures, Margaret Hu

Washington and Lee Law Review

This brief Essay offers a proposed taxonomy of the Snowden Disclosures. An informed discussion on the legality and constitutionality of the emerging cybersurveillance and mass dataveillance programs revealed by former NSA contractor Edward Snowden necessitates the furtherance of cybersurveillance aptitude. This Essay contends, therefore, that a detailed examination of the Snowden disclosures requires not just a careful inquiry into the legal and constitutional framework that guides the oversight of these programs. A close interrogation also requires a careful inquiry into the big data architecture that guides them. This inquiry includes examining the underlying theories of data science and the rationales …

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.

Table Of Contents

Washington and Lee Law Review

No abstract provided.

The Fisa Court And Article Iii, Stephen I. Vladeck

Washington and Lee Law Review

No abstract provided.

Cybersurveillance In A Free Society, Russell L. Weaver

Washington and Lee Law Review

No abstract provided.

Spying Inc., Danielle Keats Citron

Washington and Lee Law Review

The latest spying craze is the “stalking app.” Once installed on someone’s cell phone, the stalking app can provide continuous access to the phone owner’s calls, texts, snapchats, photos, calendar updates, and movements. Stalking apps destroy the privacy and confidentiality of cell phone activities. Domestic abusers and stalkers frequently turn to stalking apps because they are undetectable even to sophisticated phone owners.

Business is booming for stalking app providers, even though their entire enterprise is arguably illegal. Federal and state wiretapping laws ban the manufacture, sale, or advertisement of devices knowing their design makes them primarily useful for the surreptitious …

Defining "Foreign Affairs" In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies

Washington and Lee Law Review

No abstract provided.

Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger

Washington and Lee Law Review

No abstract provided.

State Labs Of Federalism And Law Enforcement "Drone" Use, Chris Jenks

Washington and Lee Law Review

No abstract provided.