Law Commons^™

Averting The Inherent Dangers Of "Going Dark": Why Congress Must Require A Locked Front Door To Encrypted Data, Geoffrey S. Corn

Washington and Lee Law Review

No abstract provided.

Does It Stay, Or Does It Go?: Application Of The Good-Faith Exception When The Warrant Relied Upon Is Fruit Of The Poisonous Tree, Alyson M. Cox

Washington and Lee Law Review

No abstract provided.

New Limits On General Personal Jurisdiction: Examining The Retroactive Application Of Daimler In Long-Pending Cases, Brooke A. Weedon

Washington and Lee Law Review

No abstract provided.

Dangerous Dicta, David Gray

Washington and Lee Law Review

No abstract provided.

Banning Bulk: Passage Of The Usa Freedom Act And Ending Bulk Collection, Bart Forsyth

Washington and Lee Law Review

No abstract provided.

I Spy: The New Self-Cybersurveillance And The "Internet Of Things", Steven I. Friedland

Washington and Lee Law Review

Prior to the digital age, surveillance generally meant a government agent or private investigator engaged in a stakeout or observation detail that involved physical work, expense, and time. The digital age changed surveillance fundamentally. Today, we not only generate mountains of data for others, we also effectively surveil ourselves through digitally-connected, multifunctional smart devices, collectively described as the “Internet of Things.”

Cybersurveillance accessed by the government, even when started as self-surveillance, raises complex and uncertain legal issues, especially when related to the Constitution. In United States v. Kyllo, the Supreme Court was reticent to allow government agents to use …

Government-Operated Drones And Data Retention, Gregory S. Mcneal

Washington and Lee Law Review

No abstract provided.

When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen

Washington and Lee Law Review

Influential theories of law have celebrated judicial reason-giving as furthering a host of democratic values, including judges’ accountability, citizens’ participation in djudication, and a more accurate and transparent decision-making process. This Article has two main purposes. First, it argues that although reason-giving is important, it is often in tension with other values of the judicial process, such as guidance, sincerity, and efficiency. Reason-giving must, therefore, be balanced against these competing values. In other words, judges sometimes have reasons not to give reasons. Second, contrary to common intuition, common law and civil law systems deal with this tension between reasons for …

Regulating Professional Sports Leagues, Nathaniel Grow

Washington and Lee Law Review

Four monopoly sports leagues currently dominate the U.S. professional sports industry. Although federal antitrust law—the primary source of regulation governing the industry—would normally be expected to provide a significant check on anticompetitive, monopolistic behavior, it has failed to effectively govern the leagues due to both their well-entrenched monopoly status and the unique level of coordination necessary among their respective teams. Consequently, the four leagues today each, in many respects, enjoy unregulated monopoly status in what is estimated to be a $67 billion industry.

As one might expect, these leagues use their largely unchecked monopoly power to injure the public in …

Progressive Legal Thought, Herbert Hovenkamp

Washington and Lee Law Review

No abstract provided.

Super - Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Washington and Lee Law Review

No abstract provided.

Afterword To The Aig Bailout, William K. Sjostrom Jr.

Washington and Lee Law Review

No abstract provided.

Tools Of Ignorance: An Appraisal Of Deficiency Judgments, Alan M. Weinberger

Washington and Lee Law Review

While achieving success as a major league catcher, Mike Matheny was preparing for a post-baseball career in real estate development. He could not have picked a worse time to pursue his aspiration. Matheny lost his accumulated savings and his family’s home after being held personally liable for a $4.2 million deficiency judgment following foreclosure of property he was unable to develop or market during the Great Recession. Matheny’s failure to succeed in real estate was the proximate cause of his return to baseball as manager of the St. Louis Cardinals.

Matheny’s story provides the backdrop for examining the methods by …

Adding A Due Diligence Defense To § 13(B) And Rule 13b 2 – 2 Of The Securities Exchange Act Of 1934, Michael Evans

Washington and Lee Law Review

No abstract provided.

Municipal Bonds In Bankruptcy § 902(2) And The Proper Scope Of “Special Revenues” In Chapter 9, Alexander D. Flachsbart

Washington and Lee Law Review

No abstract provided.

The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss

Washington and Lee Law Review

No abstract provided.

Coverage For Ill - Gotten Gains? Discussing The (Un)Insurability Of Restitution And Disgorgement, Katherine C. Skilling

Washington and Lee Law Review

No abstract provided.

The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Meg E. Sawyer

Washington and Lee Law Review

No abstract provided.

Taking Pedophilia Seriously, Margo Kaplan

Washington and Lee Law Review

This Article pushes lawmakers, courts, and scholars to reexamine the concept of pedophilia in favor of a more thoughtful and coherent approach. Legal scholarship lacks a thorough and reasoned analysis of pedophilia. Its failure to carefully consider how the law should conceptualize sexual attraction to children undermines efforts to address the myriad of criminal, public health, and other legal concerns pedophilia raises. The result is an inconsistent mix of laws and policies based on dubious presumptions. These laws also increase risk of sexual abuse by isolating people living with pedophilia from treatment.

The Article makes two central arguments: (1) although …

Administrative Federalism As Separation Of Powers, David S. Rubenstein

Washington and Lee Law Review

Federal agencies are key players in our federalist system: they make front-line decisions about the scope of federal policy and whether such policy should preempt state law. How agencies perform these functions, and how they might fulfill them better, are questions at the heart of “administrative federalism.” Some academic proposals for administrative federalism work to enhance states’ ability to participate in federal agency decisionmaking. Other proposals work to protect state autonomy through adjustments to the Supreme Court’s administrative preemption doctrine. As jurists and scholars debate what these proposals entail for federalism, this Article doubles-down with a twist: it examines what …

Asset Preservation And The Evolving Role Of Trusts In The Twenty-First Century, Jay A. Soled, Mitchell M. Gans

Washington and Lee Law Review

For the vast majority of the twentieth century, trusts served two pivotal roles. The first was as a vehicle to help mitigate federal and state estate tax burdens, the rates of which could be quite significant. The second was to assist in asset preservation, safeguarding trust beneficiaries from their profligacy, former spouses, creditors, and the like.

At the start of the twenty-first century, Congress passed legislation that curtailed the impact of the federal estate tax, and many state legislatures have followed suit, either eliminating or significantly reducing their estate taxes. As a result of these legislative changes, trust instrument reliance …

Frank Miller’S Sin City College Football: A Game To Die For And Other Lessons About The Right Of Publicity And Video Games, Jordan M. Blanke

Washington and Lee Law Review

The challenge of finding a workable solution for applying the right of publicity is a formidable one because it implicates not only a delicate balance between First Amendment rights and the rights of publicity, but also the complications of varying state laws. The best of the tests developed by the courts so far—the transformative use test—was borrowed from copyright law and itself reflects a careful balance between First Amendment and copyright interests. Additionally, because of dramatic progress in technology, it is likely that in the near future this balancing will often involve not only the rights of publicity and the …

“Groove Is In The Hart”: A Workable Solution For Applying The Right Of Publicity To Video Games, R. Garrett Rice

Washington and Lee Law Review

No abstract provided.

Comment On The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Kevin Flynn

Washington and Lee Law Review

No abstract provided.

Comment On “Groove Is In The Hart”: A Workable Solution For Applying The Right Of Publicity To Video Games, Christopher B. Seaman

Washington and Lee Law Review

No abstract provided.

The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher

Washington and Lee Law Review

Are decades-long delays between sentencing and execution immune from Eighth Amendment violation because they are self-inflicted by prisoners, or is such prisoner fault for delays simply irrelevant to whether a state-imposed punishment is cruel and unusual? Typically finding delay to be the state’s responsibility, Justices Breyer and Stevens argue that execution following upwards of forty years of death row incarceration is unconstitutional. Nearly every lower court disagrees, reasoning that prisoners have the choice of pursuing appellate and collateral review (with the delay that entails) or crafting the perfect remedy to any delay by submitting, as Justice Thomas has invited complaining …

The Prior Convictions Exception—A Comment, Matthew Engle

Washington and Lee Law Review

No abstract provided.

I Like To Move It, Move It: Partialvenue Transfer For Less Than A Fulllegal Action, Krystal Brunner Swendsboe

Washington and Lee Law Review

No abstract provided.

Revisiting The 1938 Rules Experiment, Paul V. Niemeyer

Washington and Lee Law Review

No abstract provided.

Proportionality, Pretrial Confidentiality, And Discovery Sharing, Dustin B. Benham

Washington and Lee Law Review

No abstract provided.