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Articles 811 - 840 of 3361
Full-Text Articles in Law
The Apostle, Mr. Justice Jackson, And The "Pathological Perspective" Of The Free Exercise Clause, Ronald J. Krotoszynski, Jr.
The Apostle, Mr. Justice Jackson, And The "Pathological Perspective" Of The Free Exercise Clause, Ronald J. Krotoszynski, Jr.
Washington and Lee Law Review
No abstract provided.
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky
Washington and Lee Law Review
No abstract provided.
Rethinking Press Rights Of Equal Access, Luke M. Milligan
Rethinking Press Rights Of Equal Access, Luke M. Milligan
Washington and Lee Law Review
No abstract provided.
Courts Must Welcome The Reality Of The Modem World: Cyberspace Is A Place Under Title Iii Of The Americans With Disabilities Act, Shani Else
Washington and Lee Law Review
No abstract provided.
Building A Fence Of Separation: The Constitutional Validity Of Land Transfers In Escaping From Establishment Clause Violations, Christopher Lauderman
Building A Fence Of Separation: The Constitutional Validity Of Land Transfers In Escaping From Establishment Clause Violations, Christopher Lauderman
Washington and Lee Law Review
No abstract provided.
Restating Restitution: The Restatement Process And Its Critics, Doug Rendleman
Restating Restitution: The Restatement Process And Its Critics, Doug Rendleman
Washington and Lee Law Review
No abstract provided.
Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus
Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus
Washington and Lee Law Review
No abstract provided.
The Underappreciated First Amendment Importance Of Lawrence V. Texas, Michael P. Allen
The Underappreciated First Amendment Importance Of Lawrence V. Texas, Michael P. Allen
Washington and Lee Law Review
No abstract provided.
Inequitable Conduct Inequitably Inferred: When Do Patent Applicants' Actions Intend To Deceive?, Chris Henry
Inequitable Conduct Inequitably Inferred: When Do Patent Applicants' Actions Intend To Deceive?, Chris Henry
Washington and Lee Law Review
No abstract provided.
Tearing Fashion Design Protection Apart At The Seams, Lisa J. Hedrick
Tearing Fashion Design Protection Apart At The Seams, Lisa J. Hedrick
Washington and Lee Law Review
No abstract provided.
In A Class By Themselves: A Proposal To Incorporate Tribal Courts Into The Federal Court System Without Compromising Their Unique Status As "Domestic Dependent Nations", R. Stephen Mcneill
In A Class By Themselves: A Proposal To Incorporate Tribal Courts Into The Federal Court System Without Compromising Their Unique Status As "Domestic Dependent Nations", R. Stephen Mcneill
Washington and Lee Law Review
No abstract provided.
"Constitutional Justice" Or "Constitutional Peace"? The Supreme Court And Affirmative Action, Robert J. Delahunty
"Constitutional Justice" Or "Constitutional Peace"? The Supreme Court And Affirmative Action, Robert J. Delahunty
Washington and Lee Law Review
The "problem of constitutional evil" is the topic of a recent and provocative book by historian and law professor Mark Graber. The problem arises because the formation and the maintenance of constitutions such as ours require concessions by one group of citizens to another group who, in the eyes of the former, are committed to radically unjust practices. In the case of the formation of our own Constitution, the most fundamental of such concessions was the compromise under which slavery was guaranteed constitutional protection, at least where it already existed Despite their deep misgivings over slavery, opponents of that institution …
Assessing A Decade Of Interstate Bank Branching, Christian A. Johnson, Tara Rice, Ph. D.
Assessing A Decade Of Interstate Bank Branching, Christian A. Johnson, Tara Rice, Ph. D.
Washington and Lee Law Review
Since its inception, US. banking regulation has effectively prohibited a bank from opening or owning a branch located outside of its home state, commonly referred to as interstate branching. Only since the passage of the Riegle-Neal Interstate Banking and Branching Efficiency Act (IBBEA) of 1994 have banks been able to engage in interstate branching, albeit still subject to significant state restrictions. Despite IBBEA 's removal of those barriers, it still allowed the states to impose anticompetitive restrictions governing the entry of out-of-state banks through the establishment of branch offices. As a result, states that were opposed to entry used IBBEA …
Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf
Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf
Washington and Lee Law Review
This Article examines whether there should be exceptions to the international exclusionary rule for evidence obtained by torture, and if so, how those exceptions should be crafted to avoid abuse. Rather than explore the question in the hotly debated milieu of terrorist prosecutions, this Article analyzes and critiques three possible exceptions to the torture evidence exclusionary rule in the context of whether the newly established U.N. Cambodia Genocide Tribunal should admit evidence of the Khmer Rouge command structure that came from interrogation sessions at the infamous Tuol Sleng torture facility: (1) that the exclusionary rule should not apply to evidence …
Effects Of Reputation On The Legal Profession, Fred C. Zacharias
Effects Of Reputation On The Legal Profession, Fred C. Zacharias
Washington and Lee Law Review
This Article considers how the reputation of lawyers and signaling between lawyers and clients affects the impact of legal ethics rules. Academics who have written about the relationships between lawyers and clients have not adequately considered the influence of reputational signaling on who clients hire and on lawyers' implementation of discretion. These empirical issues are key to a proper analysis of many professional rules and to the approach bar associations should take to matching lawyers and clients. The Article will focus primarily on lawyers' reputations as a proxy for what clients want, or need, to know about their representatives. Part …
Fashionable Ip Or Ip For Fashion?, Norman L. Balmer
Fashionable Ip Or Ip For Fashion?, Norman L. Balmer
Washington and Lee Law Review
No abstract provided.
"A Desert Grows Between Us"' The Sovereignty Paradox At The Intersection Of Tribal And Federal Courts, Caprice L. Roberts
"A Desert Grows Between Us"' The Sovereignty Paradox At The Intersection Of Tribal And Federal Courts, Caprice L. Roberts
Washington and Lee Law Review
No abstract provided.
Lewis F. Powell, Jr.-A Personal View, J. Harvie Wilkinson Iii
Lewis F. Powell, Jr.-A Personal View, J. Harvie Wilkinson Iii
Washington and Lee Law Review
No abstract provided.
Rules Versus Standards In Antitrust Adjudication, Daniel A. Crane
Rules Versus Standards In Antitrust Adjudication, Daniel A. Crane
Washington and Lee Law Review
Antitrust law is moving away from rules (ex ante, limited factor liability determinants) and toward standards (ex post, multi-factor liability determinants). This movement has important consequencesfor the structure of antitrust adjudication, including shifting ultimate decision-making down the legal hierarchy (in the direction ofjuries, trial courts sitting as factfinders, and administrative agencies) and increasing the importance of economic experts. The efficiency consequences of this trend are often negative. Specifying liability determinants as open-ended, unpredictable standards increases litigation costs, chills socially beneficial industrial practices, allocates decisionmaking on microeconomic policy to unqualified juries, andfacilitates strategic misuse of antitrust litigation by rent-seeking competitors. Instead …
Rape And The Exception In Turkish And International Law, Ruth A. Miller
Rape And The Exception In Turkish And International Law, Ruth A. Miller
Washington and Lee Law Review
This Comment suggests, first, that Turkey's new (2004) rape law is indebted to recent trends in international sexual legislation, and second, that both Turkish and international rape law are in turn the product of a century of European exceptionalism. The 2004 Turkish criminal code is a text that has redefined the Turkish state's approach to issues ranging from torture to corruption to immigrant smuggling to rape and adultery. Fundamentally a domestic document, it is aimed at rearticulating and liberalizing the state-citizen relationship in Turkey. At the same time, it is emphatically an international text-a spectacle geared toward moving Turkey one …
Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau
Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau
Washington and Lee Law Review
Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright
Washington and Lee Law Review
The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …
The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson
The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson
Washington and Lee Law Review
Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …
Marital Property In California And Indonesia: Community Property And Harta Bersama, Mark E. Cammack
Marital Property In California And Indonesia: Community Property And Harta Bersama, Mark E. Cammack
Washington and Lee Law Review
One of the more notable features of Indonesian Islamic law is its recognition of the concept of jointly owned marital property. The Indonesian doctrine of joint marital property bears a striking similarity to the community property system in California. In both systems the marital estate consists of property acquired during the marriage through the efforts of either of the spouses. Both systems distinguish marital property from separate property and both define separate property as all property owned by either spouse prior to the marriage or acquired by gift or inheritance afterwards. Apart from their doctrinal similarity, Indonesian Islamic marital property …
"Big Love"'?* The Recognition Of Customary Marriages In South Africa, Penelope E. Andrews
"Big Love"'?* The Recognition Of Customary Marriages In South Africa, Penelope E. Andrews
Washington and Lee Law Review
This Comment contextualizes the issue of polygamous marriages within the South African constitutional paradigm, one committed unequivocally to the principle of equality. This Comment analyzes how South African law, European in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall transformative legal project underway in the country since 1994. By focusing on the Recognition of Customary Marriages Act, this Comment examines such incorporation, while questioning its effect on the overall project of constitutionalism, human rights, and equality
Lessons From Islamic Polygamy: A Case For Expanding The American Concept Of Surviving Spouse So As To Include De Facto Polygamous Spouses, Michele Alexandre
Lessons From Islamic Polygamy: A Case For Expanding The American Concept Of Surviving Spouse So As To Include De Facto Polygamous Spouses, Michele Alexandre
Washington and Lee Law Review
While polygamy is illegal in the United States, forms of it are still practiced either overtly, pursuant to religious traditions, or covertly, by the maintenance of two or more family units. As a result, any claims, disputes, or abuses that arise in the context of de facto polygamous unions remain irremediable. My focus, in this Article, is not to advocate that polygamy should be legally recognized. Nor is it my purpose to debate the viability or morality of polygamy. Instead, I am concerned with affording legal remedies for vulnerable individuals living and operating in de facto polygamous unions. In light …
Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad
Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad
Washington and Lee Law Review
Starting in the 1950s and ever since, Tunisia has implemented gender legislation expanding women's rights in family law. The ground breaking phase occurred with the promulgation of the Code of Personal Status in the mid-1950s during the formation of a national state in the aftermath of independence from French colonial rule. Another major phase occurred in the 1990s with citizenship law reforms as embodied in the Tunisian Code of Nationality. As a result of these two major phases, Tunisia has been at the fore front of "woman friendly" legislative changes in the Arab- Muslim world and is widely recognized as …
Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger
Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger
Washington and Lee Law Review
One of the subtle but most pervasive areas of discrimination against women in the Muslim world today is the inequality that occurs within the context of the family. Throughout Muslim countries and contexts, Muslim women are speaking out about such discrimination and are fighting for reform of family laws to promote justice and equality within the family. This Article outlines key discriminatory provisions within Malaysia's Islamic Family Law (Federal Territories) Act of 1984 and the efforts being made by Muslim women in Malaysia to advocate for comprehensive reform of Malaysian Muslim family laws. This effort includes developing an understanding of …
The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim
The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim
Washington and Lee Law Review
No abstract provided.
Imminently Eminent: A Game Theoretic Analysis Of Takings Since Kelo V. City Of New London, Alex Hornaday
Imminently Eminent: A Game Theoretic Analysis Of Takings Since Kelo V. City Of New London, Alex Hornaday
Washington and Lee Law Review
No abstract provided.