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Articles 841 - 870 of 3361
Full-Text Articles in Law
The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis
The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis
Washington and Lee Law Review
No abstract provided.
"You're Fired!" Determining Whether A Wrongly Terminated Employee Who Has Been Reinstated With Back Pay Has An Actionable Title Vii Retaliation Claim, Anna Ku
Washington and Lee Law Review
No abstract provided.
Moroccan Women In Europe: Bargaining For Autonomy, Marie-Claire Foblets
Moroccan Women In Europe: Bargaining For Autonomy, Marie-Claire Foblets
Washington and Lee Law Review
This Article explores the path of possibilities offered in the case of Moroccans-in particular women-residing in (continental) Europe to determine, up to a point, the legal regime that will apply to their family life. The vast majority of Moroccans currently living in Europe have retained their original nationality, often combining it with that of the country of habitual residence. Adhesion to Islam often explains the attachment to the family law, which is a religious law, of the country of origin. Family reunifications in many cases mean enduring "rootedness" in the normative system of the country of origin. With mobility rendered …
How The Door Of Ijtihad Was Opened And Closed: A Comparative Analysis Of Recent Family Law Reforms In Iran And Morocco, Ziba Mir-Hosseini
How The Door Of Ijtihad Was Opened And Closed: A Comparative Analysis Of Recent Family Law Reforms In Iran And Morocco, Ziba Mir-Hosseini
Washington and Lee Law Review
This Comment compares the politics and dynamics of recent family law reforms in Iran and Morocco. In both countries, reforms have in effect crippled men's privileges in marriage under Islamic law by restricting their unilateral and extra-judicial rights to divorce and polygyny. In Morocco, the 2004 reforms are radical in that they admit the principle of equality in marriage and cast classical Maliki School of Sunni law in a new light; the result of prolonged efforts by the women's movement, these reforms were finally achieved by the intervention of the King who claimed the right of ijtihad as the Commander …
The Predatory Pricing Puzzle: Piecing Together A Unitary Standard, Kimberly L. Herb
The Predatory Pricing Puzzle: Piecing Together A Unitary Standard, Kimberly L. Herb
Washington and Lee Law Review
No abstract provided.
Bias Arbitrage, Amitai Aviram
Bias Arbitrage, Amitai Aviram
Washington and Lee Law Review
The production of law-including the choice of a law's subject matter, the timing of its enactment and the manner in which it is publicized and perceived by the public-is significantly driven by an extra-legal market in which politicians and private parties compete over the opportunity to engage in bias arbitrage. Bias arbitrage is the extraction of private benefits through actions that identify and mitigate discrepancies between actual risks and the public's perception of the same risks. Politicians arbitrage these discrepancies by enacting laws that address the misperceived risk and contain a "placebo effect"--a counter-bias that attempts to offset the pre-existing …
The Failure Of Economic Interpretations Of The Law Of Contract Damages, Nathan B. Oman
The Failure Of Economic Interpretations Of The Law Of Contract Damages, Nathan B. Oman
Washington and Lee Law Review
The law of contracts is complex but remarkably stable. What we lack is a widely accepted interpretation of that law as embodying a coherent set of normative choices. Some scholars have suggested that either economic efficiency or personal autonomy provide unifying principles of contract law. These two approaches, however, seem incommensurable, which suggests that we must reject at least one of them in order to have a coherent theory. This Article dissents from this view and has a simple thesis: Economic accounts of the current doctrine governing contract damages have failed, but efficiency arguments remain key to any adequate theory …
Controlling Executive Compensation Through The Tax Code, Gregg D. Polsky
Controlling Executive Compensation Through The Tax Code, Gregg D. Polsky
Washington and Lee Law Review
No abstract provided.
Financial Accounting And Corporate Behavior, David I. Walker
Financial Accounting And Corporate Behavior, David I. Walker
Washington and Lee Law Review
The power of financial accounting to shape corporate behavior is underappreciated. Advocates of positive accounting theory have argued that even cosmetic changes in reported earnings can affect share value, not because market participants are unable to see through such changes to the underlying fundamentals, but because of implicit or explicit contracts that are based on reported earnings and transaction costs. However, agency theory suggests that accounting choices and corporate responses to accounting standard changes will not necessarily be those that maximize share value. For a number of reasons, including the fact that executive compensation is often tied to reported earnings, …
Just When I Thought I Was Out, They Pull Me Back In: Executive Power And The Novel Reclassification Authority, Luppe B. Luppen
Just When I Thought I Was Out, They Pull Me Back In: Executive Power And The Novel Reclassification Authority, Luppe B. Luppen
Washington and Lee Law Review
No abstract provided.
"Sociological Legitimacy" In Supreme Court Opinions, Michael L. Wells
"Sociological Legitimacy" In Supreme Court Opinions, Michael L. Wells
Washington and Lee Law Review
Analysis of a Supreme Court opinion ordinarily begins from the premise that the opinion is a transparent window into the Court's thinking, such that the reasons offered by the Court are, or ought to be, the reasons that account for the holding. Scholars debate the strength of the Court's reasoning, question or defend the Court's candor, and propose alternative ways of justifying the ruling. This Article takes issue with the transparency premise, on both descriptive and normative grounds. Especially in controversial cases, the Court is at least as much concerned with presenting its holding in a way that will win …
Tackling The Perplexing Sound Of Statutory Silence: Why Courts Should Imply A Private Right Of Action Under Section 10(A) Of Respa, Seth M. Mott
Washington and Lee Law Review
No abstract provided.
Offshore Gambling: Medical Outsourcing Versus Erisa's Fiduciary Duty Requirement, Christopher J. Brady
Offshore Gambling: Medical Outsourcing Versus Erisa's Fiduciary Duty Requirement, Christopher J. Brady
Washington and Lee Law Review
No abstract provided.
Rico At The Border: Interpreting Anza V. Ideal Steel Supply Corp. And Its Effect On Immigration Enforcement, Megan Martha Reed
Rico At The Border: Interpreting Anza V. Ideal Steel Supply Corp. And Its Effect On Immigration Enforcement, Megan Martha Reed
Washington and Lee Law Review
No abstract provided.
Show Me The Money: The Thompson Memo, Stein, And An Employee's Right To The Advancement Of Legal Fees Under The Mcnulty Memo, John Power
Washington and Lee Law Review
No abstract provided.
Putting Your Eggs In Someone Else's Basket: Inserting Uniformity Into The Uniform Parentage Act's Treatment Of Assisted Reproduction, Kira Horstmeyer
Putting Your Eggs In Someone Else's Basket: Inserting Uniformity Into The Uniform Parentage Act's Treatment Of Assisted Reproduction, Kira Horstmeyer
Washington and Lee Law Review
No abstract provided.
[Insert Song Lyrics Here]: The Uses And Misuses Of Popular Music Lyrics In Legal Writing, Alex B. Long
[Insert Song Lyrics Here]: The Uses And Misuses Of Popular Music Lyrics In Legal Writing, Alex B. Long
Washington and Lee Law Review
No abstract provided.
Running On Empty: Will Exxon Mobil Cause A Breakdown For Chevron And The Administrative State?, Meredith Abernathy
Running On Empty: Will Exxon Mobil Cause A Breakdown For Chevron And The Administrative State?, Meredith Abernathy
Washington and Lee Law Review
No abstract provided.
The New Path Of Immigration Law: Asymmetric Incorporation Of Criminal Justice Norms, Stephen H. Legomsky
The New Path Of Immigration Law: Asymmetric Incorporation Of Criminal Justice Norms, Stephen H. Legomsky
Washington and Lee Law Review
Starting approximately twenty years ago, and accelerating today, a clear trend has come to define modern immigration law. Sometimes dubbed "criminalization," the trend has been to import criminal justice norms into a domain built upon a theory of civil regulation. An embryonic literature chronicles this process well but fails to showcase its consciously asymmetric form. This Article argues that immigration law has been absorbing the theories, methods, perceptions, and priorities associated with criminal enforcement while explicitly rejecting the procedural ingredients of criminal adjudication. The normative thesis is that this asymmetry has skewed both discourse and outcomes by excluding the careful …
Lose The Illusion: Why Advertisers' Use Of Digital Product Placement Violates Actors' Right Of Publicity, Brandon D. Almond
Lose The Illusion: Why Advertisers' Use Of Digital Product Placement Violates Actors' Right Of Publicity, Brandon D. Almond
Washington and Lee Law Review
No abstract provided.
The Primary Jurisdiction Doctrine: Competing Standards Of Appellate Review, Aaron J. Lockwood
The Primary Jurisdiction Doctrine: Competing Standards Of Appellate Review, Aaron J. Lockwood
Washington and Lee Law Review
No abstract provided.
The Better Course In The Post-Lapides Circuit Split: Eschewing The Waiver-By-Removal Rule In State Sovereignty Jurisprudence, Matthew Mcdermott
The Better Course In The Post-Lapides Circuit Split: Eschewing The Waiver-By-Removal Rule In State Sovereignty Jurisprudence, Matthew Mcdermott
Washington and Lee Law Review
No abstract provided.
The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill
The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill
Washington and Lee Law Review
No abstract provided.
Reconciling Ring V. Arizona With The Current Structure Of The Federal Capital Murder Trial: The Case For Trifurcation, Donald M. Houser
Reconciling Ring V. Arizona With The Current Structure Of The Federal Capital Murder Trial: The Case For Trifurcation, Donald M. Houser
Washington and Lee Law Review
No abstract provided.
Inadequate Checks And Balances: Critiquing The Imbalance Of Power In Arms Export Regulation, Charles L. Capito Iii
Inadequate Checks And Balances: Critiquing The Imbalance Of Power In Arms Export Regulation, Charles L. Capito Iii
Washington and Lee Law Review
No abstract provided.
Outing Outcomes: An Empirical Study Of Confidential Employment Discrimination Settlements, Minna J. Kotkin
Outing Outcomes: An Empirical Study Of Confidential Employment Discrimination Settlements, Minna J. Kotkin
Washington and Lee Law Review
Recent empirical studies on outcomes in employment discrimination litigation all reach the same conclusion: Plaintifs have little chance of success. But these studies rely on summary judgment decisions and trial verdicts, gleaned from reported opinions, electronic docket entries, and data collected by the Administrative Office of the Courts, and they acknowledge that this is just "the tip of the iceberg." Until now, settlement outcomes, which account for 70% of case resolutions, have been rendered invisible because of confidential settlement agreements. Along with the "vanishing trial" syndrome, secret settlements have created an information vacuum, skewing the public policy discourse about employment …
The Constitution In A Postmodem Age, Calvin Massey
The Constitution In A Postmodem Age, Calvin Massey
Washington and Lee Law Review
No abstract provided.
Anti-Federalist Procedure, A. Benjamin Spencer
Anti-Federalist Procedure, A. Benjamin Spencer
Washington and Lee Law Review
No abstract provided.
Comment On Brian R. Cheffins, Dividends As A Substitute For Corporate Law: The Separation Of Ownership And Control In The United Kingdom, Lynne L. Dallas
Comment On Brian R. Cheffins, Dividends As A Substitute For Corporate Law: The Separation Of Ownership And Control In The United Kingdom, Lynne L. Dallas
Washington and Lee Law Review
No abstract provided.