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Washington and Lee Law Review

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Full-Text Articles in Law

Removal To Federal Courts From State Administrative Agencies: Reevaluating The Functional Test, Erica B. Haggard Sep 2009

Removal To Federal Courts From State Administrative Agencies: Reevaluating The Functional Test, Erica B. Haggard

Washington and Lee Law Review

No abstract provided.


Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr. Sep 2009

Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.

Washington and Lee Law Review

No abstract provided.


Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz Sep 2009

Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz

Washington and Lee Law Review

This Article addresses the regulation of the relationships between unmarried cohabitants. It challenges the conventional divide between conservative and liberal approaches. On one hand, moral condemnation of nonmarital conjugal relationships and public policy in favor of marriage lead conservatives to reject the application of marriage Law to cohabitating partners. On the other hand, based on principles such as freedom, tolerance, and equality, liberals tend to equate the mutual legal commitments of cohabitants with those ofmarriedpartners. I break with conventional analysis by offering a novel liberal model that separates between the mutual obligations of cohabitants and married partners. The proposed model …


The Aig Bailout, William K. Sjostrum, Jr. Jun 2009

The Aig Bailout, William K. Sjostrum, Jr.

Washington and Lee Law Review

On February 28, 2008, American International Group, Inc., the then largest insurance company in the United States, announced 2007 earnings of $6.20 billion or $2.39per share. Its stock closed that day at $50.15 per share. Less than seven months later, however, AIG was on the verge of bankruptcy and had to be rescued by the United States government through an $85 billion loan. Government aid has since grown to $182.5 billion, and AIG's stock recently traded at less than $1.00 per share. The Article explains why AIG, a company with $1 trillion in assets and $95.8 billion in shareholders' equity, …


Introduction [To The Symposium], Joan M. Shaughnessy Jun 2009

Introduction [To The Symposium], Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.


Play And The Search For Identity In The Cyberspace Community, Dorothy G. Singer Jun 2009

Play And The Search For Identity In The Cyberspace Community, Dorothy G. Singer

Washington and Lee Law Review

No abstract provided.


A Review Of The Effects Of Violent Video Games On Children And Adolescents, Jodi L. Whitaker, Brad J. Bushman Jun 2009

A Review Of The Effects Of Violent Video Games On Children And Adolescents, Jodi L. Whitaker, Brad J. Bushman

Washington and Lee Law Review

No abstract provided.


Online Dangers: Keeping Children And Adolescents Safe, Jodi L. Whitaker, Brad J. Bushman Jun 2009

Online Dangers: Keeping Children And Adolescents Safe, Jodi L. Whitaker, Brad J. Bushman

Washington and Lee Law Review

No abstract provided.


Developmental Implications Of Children's Virtual Worlds, Kaveri Subrahmanyam Jun 2009

Developmental Implications Of Children's Virtual Worlds, Kaveri Subrahmanyam

Washington and Lee Law Review

As virtual worlds for children increase in popularity, it is important to examine their developmental implications. Given the limited research on this question, we use extant social science research on youth and digital media to understand how children 's participation in virtual worlds might mediate their development. We identify four different pathways by which new media can potentially mediate development. Then we review relevant research on video games, which, like virtual worlds, contain three-dimensional online fantasy worlds; we also review research on online communication forums, which are like virtual worlds in that they allow users to create online selves and …


Fertility And Virtual Reality, Edward Castronova Jun 2009

Fertility And Virtual Reality, Edward Castronova

Washington and Lee Law Review

No abstract provided.


Sex Play In Virtual Worlds, Robin Fretwell Wilson Jun 2009

Sex Play In Virtual Worlds, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.


Virtual Parentalism, Joshua A.T. Fairfield Jun 2009

Virtual Parentalism, Joshua A.T. Fairfield

Washington and Lee Law Review

Parents, not Laws, ultimately protect children both online and offline. If legislation places adults at legal risk because of the presence of children in virtual worlds, adults will exit those worlds, and children will be isolated into separate spaces. This will not improve safety for children. Instead, this Article suggests that Congress enact measures that encourage filtering technology and parental tools that will both protect children in virtual worlds, and protectfree speech online.


Virtual Heisenberg: The Limits Of Virtual World Regulability, Viktor Mayer-Schonberger Jun 2009

Virtual Heisenberg: The Limits Of Virtual World Regulability, Viktor Mayer-Schonberger

Washington and Lee Law Review

No abstract provided.


Failed Rescue: Why Davis V. Fec Signals The End To Effective Clean Elections, E. Stewart Crosland Jun 2009

Failed Rescue: Why Davis V. Fec Signals The End To Effective Clean Elections, E. Stewart Crosland

Washington and Lee Law Review

No abstract provided.


Does The World Need Knights Errant To Combat Enemies Of All Mankind? Universal Jurisdiction, Connecting Links, And Civil Liability, Zachary Mills Jun 2009

Does The World Need Knights Errant To Combat Enemies Of All Mankind? Universal Jurisdiction, Connecting Links, And Civil Liability, Zachary Mills

Washington and Lee Law Review

No abstract provided.


A Question Of Sovereignty, Development, And Natural Resources: A New Standard For Binding Third Party Nonsignatory Governments To Arbitration, Jacob Stoehr Jun 2009

A Question Of Sovereignty, Development, And Natural Resources: A New Standard For Binding Third Party Nonsignatory Governments To Arbitration, Jacob Stoehr

Washington and Lee Law Review

No abstract provided.


Protecting Children In Virtual Worlds Without Undermining Their Economic, Educational, And Social Benefits, Robert Bloomfield, Benjamin Duranske Jun 2009

Protecting Children In Virtual Worlds Without Undermining Their Economic, Educational, And Social Benefits, Robert Bloomfield, Benjamin Duranske

Washington and Lee Law Review

Advances in virtual world technology pose risks for the safety and welfare of children. Those advances also alter the interpretations of key terms in applicable Laws. For example, in the Miller test for obscenity, virtual worlds constitute places, rather than "works," and may even constitute local communities from which standards are drawn. Additionally, technological advances promise to make virtual worlds places of such significant social benefit that regulators must take care to protect them, even as they protect children who engage with them.


The Impossible Student Exception To Fica Taxation And Its Applicability To Medical Residents, Patrick Timothy Rowe Jun 2009

The Impossible Student Exception To Fica Taxation And Its Applicability To Medical Residents, Patrick Timothy Rowe

Washington and Lee Law Review

No abstract provided.


The Boundary-Line Function Of The Economic Loss Rule, Vincent R. Johnson Mar 2009

The Boundary-Line Function Of The Economic Loss Rule, Vincent R. Johnson

Washington and Lee Law Review

No abstract provided.


Getting Beyond Religion As Science: "Unstifling" Worldview Formation In American Public Education, Barry P. Mcdonald Mar 2009

Getting Beyond Religion As Science: "Unstifling" Worldview Formation In American Public Education, Barry P. Mcdonald

Washington and Lee Law Review

Since ancient times, Western civilization has witnessed a great debate over a simple but profound question: From whence did we come? Two major worldviews have dominated that debate: a theistic worldview holding that we, and the world in which we live, are the purposeful product of a supernatural creator; and a materialistic worldview holding that we are the product of unintelligenta nd random naturaflo rces. This debate rose to the fore with Darwin's publication of his theory of evolution and the development of the modern scientific establishment. In America, it initially took its most conspicuous form in efforts by creationists …


Road To Nowhere Or Jurisprudential U-Turn? The Intersection Of Punitive Damage Class Actions And The Due Process Clause, James M. Underwood Mar 2009

Road To Nowhere Or Jurisprudential U-Turn? The Intersection Of Punitive Damage Class Actions And The Due Process Clause, James M. Underwood

Washington and Lee Law Review

This Article analyzes the likely impact of recent Supreme Court jurisprudence applying substantive and procedural due process limits on punitive damage awards to class action punitive damage Lawsuits. In BMW v. Gore and State Farm v. Campbell the Supreme Court adopted a tripartite analysis to determine whether punitive damage awards were excessive under the Due Process Clause. Just last year in Philip Morris v. Williams the Court took a step further by imposing the additional 'procedural" limitation that requires trial courts to take steps to ensure that juries do not punish a tortfeasor through an award ofpunitive damages in one …


Federal Rule Of Evidence 502: Stirring The State Law Of Privilege And Professional Responsibility With A Federal Stick, Henry S. Noyes Mar 2009

Federal Rule Of Evidence 502: Stirring The State Law Of Privilege And Professional Responsibility With A Federal Stick, Henry S. Noyes

Washington and Lee Law Review

No abstract provided.


The Elephant In The Seventh Circuit: A Modified Approach To The Minimal Suspicion Standard, Gregory L. Schinner Mar 2009

The Elephant In The Seventh Circuit: A Modified Approach To The Minimal Suspicion Standard, Gregory L. Schinner

Washington and Lee Law Review

No abstract provided.


A Check On Faint-Hearted Presidents: Letters Of Marque And Reprisal, William Young Mar 2009

A Check On Faint-Hearted Presidents: Letters Of Marque And Reprisal, William Young

Washington and Lee Law Review

No abstract provided.


Virtually Liable, Garrett Legerwood Mar 2009

Virtually Liable, Garrett Legerwood

Washington and Lee Law Review

No abstract provided.


Reconceptualizing Competence: An Appeal, Mae C. Quinn Jan 2009

Reconceptualizing Competence: An Appeal, Mae C. Quinn

Washington and Lee Law Review

No abstract provided.


A Comment On Untangling The Safety Net: Protecting Federal Benefits From Freezes, Fees, And Garnishment, By Allen C. Myers, Phillip T. Lacy Jan 2009

A Comment On Untangling The Safety Net: Protecting Federal Benefits From Freezes, Fees, And Garnishment, By Allen C. Myers, Phillip T. Lacy

Washington and Lee Law Review

No abstract provided.


Wrongs Committed During A Marriage: The Child That No Area Of The Law Wants To Adoptt, Michelle L. Evans Jan 2009

Wrongs Committed During A Marriage: The Child That No Area Of The Law Wants To Adoptt, Michelle L. Evans

Washington and Lee Law Review

No abstract provided.


Untangling The Safety Net: Protecting Federal Benefits From Freezes, Fees, And Garnishmentt, Allen C. Myers Jan 2009

Untangling The Safety Net: Protecting Federal Benefits From Freezes, Fees, And Garnishmentt, Allen C. Myers

Washington and Lee Law Review

No abstract provided.


Toward A Model Law Of Estates And Future Interests, D. Benjamin Barros Jan 2009

Toward A Model Law Of Estates And Future Interests, D. Benjamin Barros

Washington and Lee Law Review

No abstract provided.