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Articles 691 - 720 of 3361
Full-Text Articles in Law
Fear-Based Standing: Cognizing An Injury-In-Fact, Brian Calabrese
Fear-Based Standing: Cognizing An Injury-In-Fact, Brian Calabrese
Washington and Lee Law Review
No abstract provided.
Lord Of The Files: International Secondary Liability For Internet Service Providers, Emerald Smith
Lord Of The Files: International Secondary Liability For Internet Service Providers, Emerald Smith
Washington and Lee Law Review
No abstract provided.
Recovering The Legal History Of The Confederacy, G. Edward White
Recovering The Legal History Of The Confederacy, G. Edward White
Washington and Lee Law Review
Although the government of the Confederate States of America has been formally treated as a legal nullity since 1878, from February, 1861 to April, 1865 the Confederacy was a real government, with a Constitution, a Congress, district courts, and administrative offices. This Article seeks to recover the legal order of the Confederacy in its robust state, before the prospect of its obliteration came to pass. The Article explores the question why certain southern states would have considered seceding from the United States, and forming a separate nation, in late 1860 and early 1861. It then turns to the legal order …
Attorney Advice And The First Amendment, Renee Newman Knake
Attorney Advice And The First Amendment, Renee Newman Knake
Washington and Lee Law Review
An attorney’s advice for navigating and, when necessary, challenging the law is essential to American democracy. Yet the constitutional protection afforded to this category of speech is not clear; indeed, some question whether it should be protected at all. While legal ethics scholars have addressed attorney speech in other circumstances, none has focused exclusively on the First Amendment protection for attorney advice, particularly in light of the Supreme Court’s recent attention to the matter. Nor have constitutional law scholars given this issue the attention it deserves, though they acknowledge that it presents an important and unresolved question within First Amendment …
The Church Amendment: In Search Of Enforcement, Nathaniel James
The Church Amendment: In Search Of Enforcement, Nathaniel James
Washington and Lee Law Review
No abstract provided.
Through The Lens Of Federal Evidence Rule 403: An Examination Of Eyewitness Identification Expert Testimony Admissibility In The Federal Circuit Courts, Lauren Tallent
Washington and Lee Law Review
No abstract provided.
Litigation, Legislation, And Democracy In A Post-Newspaper America, Ronnell Anderson Jones
Litigation, Legislation, And Democracy In A Post-Newspaper America, Ronnell Anderson Jones
Washington and Lee Law Review
No abstract provided.
The Remix Artist’S Catch-22: A Proposal For Compulsory Licensing For Transformative, Sampling-Based Music, Robert M. Vrana
The Remix Artist’S Catch-22: A Proposal For Compulsory Licensing For Transformative, Sampling-Based Music, Robert M. Vrana
Washington and Lee Law Review
No abstract provided.
Sigtarp And The Executive-Legislative Clash: Confronting A Bowsher Issue With An Eye Toward Preserving The Separation Of Powers During Future Crisis Legislation, Aaron R. Sims
Washington and Lee Law Review
No abstract provided.
Independent Contractors, Employees, Andentrepreneurialism Under The Nationallabor Relations Act: A Worker-By-Worker Approach, Micah Prieb Stoltzfus Jost
Independent Contractors, Employees, Andentrepreneurialism Under The Nationallabor Relations Act: A Worker-By-Worker Approach, Micah Prieb Stoltzfus Jost
Washington and Lee Law Review
No abstract provided.
W(H)Ither The Jury? The Diminishing Role Of The Jury Trial In Our Legal System, Jennifer Walker Elrod
W(H)Ither The Jury? The Diminishing Role Of The Jury Trial In Our Legal System, Jennifer Walker Elrod
Washington and Lee Law Review
No abstract provided.
Native Nation Economic Development Via The Implementation Of Solar Projects: How To Make It Work, Ryan David Dreveskracht
Native Nation Economic Development Via The Implementation Of Solar Projects: How To Make It Work, Ryan David Dreveskracht
Washington and Lee Law Review
No abstract provided.
Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz
Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz
Washington and Lee Law Review
This Article presents a novel theory that courts undermine the purpose of the Americans with Disabilities Act (ADA) by implicitly embracing environment-frames that disfavor disability protections. Courts employ environment-frames at two stages of judicial analysis under the Act: the disability eligibility and remedy stages. In determining whether a plaintiff is in the statutorily protected class, courts typically use a broad environment-frame to assess limitation of a "major life activity." The larger the environment-frame, the more likely a court will view an individual as able to perform a major life activity in some portion of her environment and deny her protected …
Due Process In Civil Commitments, Alexander Tsesis
Due Process In Civil Commitments, Alexander Tsesis
Washington and Lee Law Review
In one of its most controversial decisions to date, United States v. Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof. The statute provided for the postsentencing confinement of anyone proven by "clear and convincing evidence" to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistaken evaluations about patients’ likelihood …
Employee Or Entrepreneur?, Jeffrey M. Hirsch
Employee Or Entrepreneur?, Jeffrey M. Hirsch
Washington and Lee Law Review
No abstract provided.
Sigtarp: A Problem In Name Only?, Adam F. Scales
Sigtarp: A Problem In Name Only?, Adam F. Scales
Washington and Lee Law Review
No abstract provided.
Reconceptualizing Present-Value Analysis In Consumer Bankruptcy, Rafael I. Pardo
Reconceptualizing Present-Value Analysis In Consumer Bankruptcy, Rafael I. Pardo
Washington and Lee Law Review
During the three decades following the enactment of the Bankruptcy Code, courts and commentators have been vexed by the problem of determining the present value of future payments to creditors proposed in a debtor’s repayment plan. The issue central to this problem has been the discount rate to be applied when conducting present-value analysis. While the Code unmistakably requires the discounting of future payments as part of the process for confirming a repayment plan, the Code does not explicitly specify the rate itself or the manner in which the rate should be calculated. No uniform rule of decision has emerged …
Keeping Hope Alive, David K. Millon
Keeping Hope Alive, David K. Millon
Washington and Lee Law Review
No abstract provided.
Finding Sigtarp In The Separation Of Powers Labyrinth, Jonathan R. Siegel
Finding Sigtarp In The Separation Of Powers Labyrinth, Jonathan R. Siegel
Washington and Lee Law Review
No abstract provided.
Brady's Bunch Of Flaws, Daniel S. Medwed
Brady's Bunch Of Flaws, Daniel S. Medwed
Washington and Lee Law Review
The 1970s television program The Brady Bunch provided a lighthearted and optimistic portrayal of American family life. A divorced man with three brown-haired boys married a divorced woman with three blonde daughters. They melded together into a happy, well-adjusted crew committed to mad-cap adventures accompanied by syrupy background music. Yet the promise of The Brady Bunch was illusory. Divorce has wreaked havoc on this country. The problems that derive from divorce and remarriage are multifaceted; they seldom lend themselves to tidy resolution in thirty minutes, let alone a lifetime. The show provided a distractionand a disservice. It sent an inaccurate …
The Worldwide Accountability Deficit For Prosecutors, Ronald F. Wright, Marc L. Miller
The Worldwide Accountability Deficit For Prosecutors, Ronald F. Wright, Marc L. Miller
Washington and Lee Law Review
In democratic governments committed to the rule of Law, prosecutors should be accountable to the public, just like other powerful government agents who make important decisions. The theoretical need for prosecutor accountability, however, meets practical shortcomings in criminal justice systems everywhere. Individual prosecutors everywhere express allegiance to the rule of Law through the wise decisions made by each prosecutor and across offices as a whole. But the claim "trust us" does not in fact generate the level of public trust that one should expect in a government of Laws. Institutional strategies to guarantee prosecutor accountability all fall short of the …
The Tainted Federal Prosecutor In An Overcriminalized Justice System, Ellen S. Podgor
The Tainted Federal Prosecutor In An Overcriminalized Justice System, Ellen S. Podgor
Washington and Lee Law Review
No abstract provided.
Prosecutors As Judges, Erik Luna, Marianne Wade
Prosecutors As Judges, Erik Luna, Marianne Wade
Washington and Lee Law Review
No abstract provided.
A Complicated Environment: The Problem With Extending Victims' Rights To Victims Of Environmental Crimes, Andrew Atkins
A Complicated Environment: The Problem With Extending Victims' Rights To Victims Of Environmental Crimes, Andrew Atkins
Washington and Lee Law Review
No abstract provided.
If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck
If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck
Washington and Lee Law Review
No abstract provided.
The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler
The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler
Washington and Lee Law Review
No abstract provided.
Predatory Bundling And The Exclusionary Standard, J. Shahar Dillbary
Predatory Bundling And The Exclusionary Standard, J. Shahar Dillbary
Washington and Lee Law Review
Recent decisions-all relying on a stylized example first provided by the Ortho court-hold that a multi-product seller that uses a bundled discount in a way that excludes an equally or more efficient competitor engages in predatory bundling. According to these decisions, a bundle can be considered 'predatory" even when the price of the bundle exceeds its cost. This Article shows that the Ortho court's stylized example and its monopoly leveraging theory are erroneous. This Article further demonstrates that even when a bundle's price excludes more efficient competitors and even when a component in the bundle is priced below cost, and …
The French Prosecutor In Question, Jacqueline S. Hodgson
The French Prosecutor In Question, Jacqueline S. Hodgson
Washington and Lee Law Review
Both the pre-trial and dispositive roles of the French prosecutor have continued to expand over the last decades with a resulting shift in power away from the trial judge and the juge d'instruction. The recommendations of the Liger Commission in 2009 went beyond the redistribution of authority and proposed the abolition of the juge d'instruction, placing the prosecutor in charge of all criminal investigations, even the most serious, complex, and sensitive. At the same time, the prosecutor's role and status has been challenged in a number of ways-in particular concerning her function as judicial supervisor of the detention and interrogation …
Uncertainty And The Search For Truth At Trial: Defining Prosecutorial "Objectivity" In German Sexual Assault Cases, Shawn Marie Boyne
Uncertainty And The Search For Truth At Trial: Defining Prosecutorial "Objectivity" In German Sexual Assault Cases, Shawn Marie Boyne
Washington and Lee Law Review
According to German legal scholar, Claus Roxin, German prosecutors are the "most objective civil servants" in the world. Roxin 's assessment of German prosecution practice reflects the conviction of many German legal scholars that prosecutors in Germany's inquisitorial system function as second judges dedicated to finding the objective "truth." In this Article I investigate how prosecutors "translate" the normative duty of objectivity enshrined in the German penal code into observable practices on the ground I examine prosecutorial decision-making in three sexual assault trials. Sexual assault cases pose unique challenges to prosecutors as well as to the definition of objectivity. Because …
Copyright And The First Amendment: Comrades, Combatants, Or Uneasy Allies?, Joseph P. Bauer
Copyright And The First Amendment: Comrades, Combatants, Or Uneasy Allies?, Joseph P. Bauer
Washington and Lee Law Review
The copyright regime and the First Amendment seek to promote the same goals. Both seek the creation and dissemination of more, better, and more diverse literary, pictorial, musical and other works. But, they use significantly different means to achieve those goals. The copyright Laws afford to the creator of a work the exclusive right to reproduce, distribute, transform, and perform that work for an extended period of time. The First Amendment, on the other hand, proclaims that Congress "shall make no Law... abridging the freedom of speech or of the press, " thus at least nominally indicating that limitations on …