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Washington and Lee Law Review

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Articles 931 - 960 of 3361

Full-Text Articles in Law

Corporate Liability For Overseas Human Rights Abuses: The Alien Tort Statute After Sosa V. Alvarez-Machain, David D. Christensen Jun 2005

Corporate Liability For Overseas Human Rights Abuses: The Alien Tort Statute After Sosa V. Alvarez-Machain, David D. Christensen

Washington and Lee Law Review

No abstract provided.


Taking It Out Of Neutral: The Application Of Locke's Substantial Interest Test To The School Voucher Debate, Sarah Waszmer Jun 2005

Taking It Out Of Neutral: The Application Of Locke's Substantial Interest Test To The School Voucher Debate, Sarah Waszmer

Washington and Lee Law Review

No abstract provided.


Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew Jun 2005

Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew

Washington and Lee Law Review

No abstract provided.


Search Engines And Internet Advertisers: Just One Click Away From Trademark Infringement?, Lauren Troxclair Jun 2005

Search Engines And Internet Advertisers: Just One Click Away From Trademark Infringement?, Lauren Troxclair

Washington and Lee Law Review

No abstract provided.


A Tribute To Frederic L. Kirgis, Mark Drumbl, Jose E. Alvarez, David Partlett, David Millon, Blake D. Morant, Detlev F. Vagts, Paul F. Kirgis, John H. Jackson, Lucinda A. Low, Malgosia Fitzmaurice, Joan M. Shaughnessy, Brian C. Murchison, Samuel W. Calhoun, David Wirth, Roger D. Groot, Mark Grunewald Jun 2005

A Tribute To Frederic L. Kirgis, Mark Drumbl, Jose E. Alvarez, David Partlett, David Millon, Blake D. Morant, Detlev F. Vagts, Paul F. Kirgis, John H. Jackson, Lucinda A. Low, Malgosia Fitzmaurice, Joan M. Shaughnessy, Brian C. Murchison, Samuel W. Calhoun, David Wirth, Roger D. Groot, Mark Grunewald

Washington and Lee Law Review

No abstract provided.


The Law Of Unintended Consequences: The Digital Millennium Copyright Act And Interoperability, Jacqueline Lipton Mar 2005

The Law Of Unintended Consequences: The Digital Millennium Copyright Act And Interoperability, Jacqueline Lipton

Washington and Lee Law Review

The Digital Millennium Copyright Act (DMCA) has been criticized for many reasons, including its impact on the fair use defense to copyright infringement, and its potential to chill the free exchange of scientific, technical, and educational information. Law professors and special interest groups have opposed elements of the DMCA from its inception and continue to lobby for reform. One of the more recent concerns about the DMCA involves the incorporation of copyrightable software code into tangible goods for purposes related to the functionality of those goods. Some manufacturers of such products recently have attempted to use the DMCA to prevent …


Taxing Nonprofits Out Of Business, Diane L. Fahey Mar 2005

Taxing Nonprofits Out Of Business, Diane L. Fahey

Washington and Lee Law Review

In the last twenty years, the number of nonprofit organizations has exploded; there are more than 1.2 million organizations registered with the Internal Revenue Service. Donations and government grants have decreased, while at the same time, nonprofits are facing increasing demands on their services. As a result, nonprofit organizations have been forced to devise new strategies for acquiring funds. Some nonprofit organizations have resorted to renting their mailing lists to businesses and other nonprofit organizations and have licensed their names and logos to be displayed on affinity credit cards offered by banks to consumers. Nonprofit organizations have argued that these …


Walled Gardens, Dan Hunter Mar 2005

Walled Gardens, Dan Hunter

Washington and Lee Law Review

The most significant recent development in scholarly publishing is the open-access movement, which seeks to provide free online access to scholarly literature. Though this movement is well developed in scientific and medical disciplines, American law reviews are almost completely unaware of the possibilities of open-access publishing models. This Essay explains how open-access publishing works, why it is important, and makes the case for its widespread adoption by law reviews. It also reports on a survey of law review publication policies conducted in 2004. This survey shows, inter alia, that few law reviews have embraced the opportunities of open-access publishing, and …


Respondeat Superior, Intentional Torts, And Clergy Sexual Misconduct: The Implications Of Fearing V. Bucher, Michael J. Sartor Mar 2005

Respondeat Superior, Intentional Torts, And Clergy Sexual Misconduct: The Implications Of Fearing V. Bucher, Michael J. Sartor

Washington and Lee Law Review

No abstract provided.


Saving The Family Farm Through Federal Tax Policy: Easier Said Than Done Alex, Alex E. Snyder Mar 2005

Saving The Family Farm Through Federal Tax Policy: Easier Said Than Done Alex, Alex E. Snyder

Washington and Lee Law Review

No abstract provided.


Internet Hate Speech: The European Framework And The Emerging American Haven, Christopher D. Van Blarcum Mar 2005

Internet Hate Speech: The European Framework And The Emerging American Haven, Christopher D. Van Blarcum

Washington and Lee Law Review

No abstract provided.


Limiting The Vicarious Liability Of Franchisors For The Torts Of Their Franchisees, Joseph H. King, Jr. Mar 2005

Limiting The Vicarious Liability Of Franchisors For The Torts Of Their Franchisees, Joseph H. King, Jr.

Washington and Lee Law Review

No abstract provided.


The New Map: The Supreme Court's Guide To Curing Thirty Years Of Confusion In Erisa Savings Clause Analysis, Matthew O. Gatewood Mar 2005

The New Map: The Supreme Court's Guide To Curing Thirty Years Of Confusion In Erisa Savings Clause Analysis, Matthew O. Gatewood

Washington and Lee Law Review

No abstract provided.


Private Harms In The Cyber-World: The Conundrum Of Choice Of Law For Defamation Posed By Gutnick V. Dow Jones & Co., Shawn A. Bone Jan 2005

Private Harms In The Cyber-World: The Conundrum Of Choice Of Law For Defamation Posed By Gutnick V. Dow Jones & Co., Shawn A. Bone

Washington and Lee Law Review

No abstract provided.


Pervasive Computing: Embedding The Public Sphere, Kang Lang, Dana Cuff Jan 2005

Pervasive Computing: Embedding The Public Sphere, Kang Lang, Dana Cuff

Washington and Lee Law Review

No abstract provided.


The Epa's Hpv Challenge Program: A Tort Liability Trap? Jan 2005

The Epa's Hpv Challenge Program: A Tort Liability Trap?

Washington and Lee Law Review

No abstract provided.


Rediscovering Williston, Mark L. Movsesian Jan 2005

Rediscovering Williston, Mark L. Movsesian

Washington and Lee Law Review

This Article is an intellectual history of classical contracts scholar Samuel Williston. Professor Movsesian argues that the conventional account of Williston's jurisprudence presents an incomplete and distorted picture. While much of Williston 's work can strike a contemporary reader as arid and conceptual, there are strong elements of pragmatism as well. Williston insists that doctrine be justified in terms of real-world consequences, maintains that rules can have only presumptive force, and offers institutional explanations for judicial restraint. As a result, his scholarship shares more in common with today's new formalism than commonly supposed. Even the undertheorized quality of Williston 's …


A Comment On Private Harms In The Cyber-World, Christopher Wolf Jan 2005

A Comment On Private Harms In The Cyber-World, Christopher Wolf

Washington and Lee Law Review

No abstract provided.


For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Aaron G. Mccullough Jan 2005

For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Aaron G. Mccullough

Washington and Lee Law Review

No abstract provided.


Comment On For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Roger D. Groot Jan 2005

Comment On For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Roger D. Groot

Washington and Lee Law Review

No abstract provided.


Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis Jan 2005

Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis

Washington and Lee Law Review

No abstract provided.


Defamation In The Digital Age: Some Comparative Law Observations On The Difficulty Of Reconciling Free Speech And Reputation In The Emerging Global Village, Ronald J. Krotoszynski, Jr. Jan 2005

Defamation In The Digital Age: Some Comparative Law Observations On The Difficulty Of Reconciling Free Speech And Reputation In The Emerging Global Village, Ronald J. Krotoszynski, Jr.

Washington and Lee Law Review

No abstract provided.


Fighting Racism In The Twenty-First Century, Dorothy A. Brown Sep 2004

Fighting Racism In The Twenty-First Century, Dorothy A. Brown

Washington and Lee Law Review

No abstract provided.


"We Are An Equal Opportunity Employer": Diversity Doublespeak, Cheryl L. Wade Sep 2004

"We Are An Equal Opportunity Employer": Diversity Doublespeak, Cheryl L. Wade

Washington and Lee Law Review

There are too few discussions about race and race relations among corporate managers and directors. The rhetoric used in these infrequent discussions revolves around the idea of diversity in the workplace. In recent years, when speaking about employees and race issues, corporate actors have become curiously silent about discrimination and racism. This Article provides several examples of the rhetorical devices used by corporate spokespersons that ignore persisting problems with discrimination and racism by focusing solely on diversity efforts. Diversity rhetoric allows corporate managers to avoid responsibility for enduring discrimination in the workplace. Diversity efforts, without antidiscrimination efforts, increase the likelihood …


Games Ceos Play And Interest Convergence Theory: Why Diversity Lags In America's Boardrooms And What To Do About It, Steven A. Ramirez Sep 2004

Games Ceos Play And Interest Convergence Theory: Why Diversity Lags In America's Boardrooms And What To Do About It, Steven A. Ramirez

Washington and Lee Law Review

No abstract provided.


Overcoming Resistance To Diversity In The Executive Suite: Grease, Grit, And The Corporate Promotion Tournament, Donald C. Langevoort Sep 2004

Overcoming Resistance To Diversity In The Executive Suite: Grease, Grit, And The Corporate Promotion Tournament, Donald C. Langevoort

Washington and Lee Law Review

No abstract provided.


Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Devon W. Carbado, Mitu Gulati Sep 2004

Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Devon W. Carbado, Mitu Gulati

Washington and Lee Law Review

Racing to the top of the corporate hierarchy is difficult, no matter how qualified or capable the candidate. Producing more widgets than one's competitors is not enough. Negotiating the political landscape of the institution is also required. More specifically, individual corporate officers have to be appeased, powerful interest groups have to be co-opted and made allies, and competitors have to be undermined or eliminated. The more bureaucratic the organization and the more opaque the promotion process, the more important this institutional game to climbing the corporate ladder. This Article identifies the kind of racial minorities or racial types who are …


Race Matters In Bankruptcy, A. Mechele Dickerson Sep 2004

Race Matters In Bankruptcy, A. Mechele Dickerson

Washington and Lee Law Review

No abstract provided.


The Economics Of Race: When Making It To The Middle Is Not Enough, Elizabeth Warren Sep 2004

The Economics Of Race: When Making It To The Middle Is Not Enough, Elizabeth Warren

Washington and Lee Law Review

No abstract provided.


Archer V. Warner: Circuit Split Resolution Or Contractual Quagmire?, Jennifer R. Belcher Sep 2004

Archer V. Warner: Circuit Split Resolution Or Contractual Quagmire?, Jennifer R. Belcher

Washington and Lee Law Review

No abstract provided.