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Washington and Lee Law Review

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Full-Text Articles in Law

Making Gay Straight Alliance Student Groups Curriculum-Related: A New Tactic For Schools Trying To Avoid The Equal Access Act, Brian Berkley Sep 2004

Making Gay Straight Alliance Student Groups Curriculum-Related: A New Tactic For Schools Trying To Avoid The Equal Access Act, Brian Berkley

Washington and Lee Law Review

No abstract provided.


A Model Definition Of The Practice Of Law: If Not Now, When? An Alternative Approach To Defining The Practice Of Law, Soha F. Turfler Sep 2004

A Model Definition Of The Practice Of Law: If Not Now, When? An Alternative Approach To Defining The Practice Of Law, Soha F. Turfler

Washington and Lee Law Review

No abstract provided.


Double Jeopardy And Capital Sentencing: Preserving The Implied Acquittal Of Death In The Wake Of Sattazahn V. Pennsylvania, Leslie Evans Wood Sep 2004

Double Jeopardy And Capital Sentencing: Preserving The Implied Acquittal Of Death In The Wake Of Sattazahn V. Pennsylvania, Leslie Evans Wood

Washington and Lee Law Review

No abstract provided.


Pensions, Risk, And Race, Dorothy A. Brown Sep 2004

Pensions, Risk, And Race, Dorothy A. Brown

Washington and Lee Law Review

No abstract provided.


Racial Dimensions Of Credit And Bankruptcy, David A. Skeel, Jr. Sep 2004

Racial Dimensions Of Credit And Bankruptcy, David A. Skeel, Jr.

Washington and Lee Law Review

No abstract provided.


Deregulating Telecommunications In Internet Time, James B. Speta Jun 2004

Deregulating Telecommunications In Internet Time, James B. Speta

Washington and Lee Law Review

The Telecommunications Act of 1996 has yielded more litigation and less local competition than its supporters expected or intended. Calls for its reform are multiplying. In this Article, Professor Septa diagnoses the 1996 Act's failings and prescribes a framework for reform. The successful deregulations of the transportation industries and of long-distance telecommunications (precedents the 1996 Act sought to follow) demonstrate that the Act should have taken additional steps to promote intermodal telecommunications competition. Transportation deregulation successfully prompted competition where (as in the case of airlines and trucking) multiple firms could compete on an intramodal basis or where (as in the …


A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr. Jun 2004

A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr.

Washington and Lee Law Review

This paper develops a normative theory of bankruptcy law called "procedure theory." The core of procedure theory is that bankruptcy law exists in order to maximize the recoveries for holders of legal entitlements ("rightsholders") in respect of a financially distressed debtor. Bankruptcy law in the United States is a branch of civil procedure and the jurisdiction of federal courts. Procedure theory holds that it generally is wrong in bankruptcy to redistribute a debtor's wealth away from its rightsholders to benefit third-party interests, such as at-will employees and the general community. It also generally is wrong to rearrange priorities in bankruptcy …


Tax, Corporate Governance, And Norms, Steven A. Bank Jun 2004

Tax, Corporate Governance, And Norms, Steven A. Bank

Washington and Lee Law Review

This Article examines the use of federal tax provisions to effect changes in state law corporate governance. There is a growing academic controversy over these provisions, fueled in part by their popularity among legislators as a method of addressing the recent spate of corporate scandals. As a case study on the use of tax to regulate corporate governance, this paper compares and contrasts two measures enacted during the New Deal-the enactment of the undistributed profits tax in 1936 and the overhaul of the tax-free reorganization provisions in 1934-and considers why the former was so much more controversial and less sustainable …


No Penalty On The Play: Why The Bowl Championship Series Stays In-Bounds Of The Sherman Act, M. Todd Carroll Jun 2004

No Penalty On The Play: Why The Bowl Championship Series Stays In-Bounds Of The Sherman Act, M. Todd Carroll

Washington and Lee Law Review

No abstract provided.


From The Xyz Affair To The War On Terror: The Justiciability Of Time Of War, John M. Hagan Jun 2004

From The Xyz Affair To The War On Terror: The Justiciability Of Time Of War, John M. Hagan

Washington and Lee Law Review

No abstract provided.


Faith And Federalism: Do Charitable Choice Provisions Preempt State Nondiscrimination Employment Law?, Melissa Mcclellan Jun 2004

Faith And Federalism: Do Charitable Choice Provisions Preempt State Nondiscrimination Employment Law?, Melissa Mcclellan

Washington and Lee Law Review

No abstract provided.


Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs Jun 2004

Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs

Washington and Lee Law Review

No abstract provided.


Red Flagging Civil Liberties And Due Process Rights Of Airline Passengers: Will A Redesigned Capps Ii System Meet The Constitutional Challenge?, Leigh A. Kite Jun 2004

Red Flagging Civil Liberties And Due Process Rights Of Airline Passengers: Will A Redesigned Capps Ii System Meet The Constitutional Challenge?, Leigh A. Kite

Washington and Lee Law Review

No abstract provided.


The Drafting Of A Constitution For The European Union: Europe's Madisonian Moment Or A Moment Of Madness?, Grainne De Burca Mar 2004

The Drafting Of A Constitution For The European Union: Europe's Madisonian Moment Or A Moment Of Madness?, Grainne De Burca

Washington and Lee Law Review

No abstract provided.


Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller Mar 2004

Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller

Washington and Lee Law Review

No abstract provided.


Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton Mar 2004

Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton

Washington and Lee Law Review

No abstract provided.


The Character Of Legal Reasoning, Brett G. Scharffs Mar 2004

The Character Of Legal Reasoning, Brett G. Scharffs

Washington and Lee Law Review

No abstract provided.


Focusing On Children: Providing Counsel To Children In Expedited Proceedings To Terminate Parental Rights, Bridget A. Blinn Mar 2004

Focusing On Children: Providing Counsel To Children In Expedited Proceedings To Terminate Parental Rights, Bridget A. Blinn

Washington and Lee Law Review

No abstract provided.


Viewpoint Discrimination By Public Universities: Student Religious Organizations And Violations Of University Nondiscrimination Policie, Mark Andrew Snider Mar 2004

Viewpoint Discrimination By Public Universities: Student Religious Organizations And Violations Of University Nondiscrimination Policie, Mark Andrew Snider

Washington and Lee Law Review

No abstract provided.


Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance Mar 2004

Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance

Washington and Lee Law Review

No abstract provided.


Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, William J. Vollmer Jan 2004

Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, William J. Vollmer

Washington and Lee Law Review

No abstract provided.


Conservation Through Collusion: Antitrust As An Obstacle To Marine Resource Conservation, Jonathan H. Adler Jan 2004

Conservation Through Collusion: Antitrust As An Obstacle To Marine Resource Conservation, Jonathan H. Adler

Washington and Lee Law Review

No abstract provided.


Retirement Security Through Asset Protection: The Evolution Of Wealth, Privilege, And Policy, John K. Eason Jan 2004

Retirement Security Through Asset Protection: The Evolution Of Wealth, Privilege, And Policy, John K. Eason

Washington and Lee Law Review

No abstract provided.


Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas Jan 2004

Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas

Washington and Lee Law Review

No abstract provided.


Ownership Of Human Tissue: A Proposal For Federal Recognition Of Human Research Participants' Property Rights In Their Biological Material, Donna M. Gitter Jan 2004

Ownership Of Human Tissue: A Proposal For Federal Recognition Of Human Research Participants' Property Rights In Their Biological Material, Donna M. Gitter

Washington and Lee Law Review

No abstract provided.


Comments On Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, Carolyn L. Wheeler Jan 2004

Comments On Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, Carolyn L. Wheeler

Washington and Lee Law Review

No abstract provided.


Evidence-Based Medicine In The Law Beyond Clinical Practice Guidelines: What Effect Will Ebm Have On The Standard Of Care?, Carter L. Williams Jan 2004

Evidence-Based Medicine In The Law Beyond Clinical Practice Guidelines: What Effect Will Ebm Have On The Standard Of Care?, Carter L. Williams

Washington and Lee Law Review

No abstract provided.


In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie Jan 2004

In Defense Of The Professional Standard Of Care: A Response To Carter Williams On "Evidence-Based Medicine", Ann Maclean Massie

Washington and Lee Law Review

No abstract provided.


Consolidating The Diffuse Paths To Trade Dress Functionality: Encountering Traffix On The Way To Sears, Margreth Barrett Jan 2004

Consolidating The Diffuse Paths To Trade Dress Functionality: Encountering Traffix On The Way To Sears, Margreth Barrett

Washington and Lee Law Review

No abstract provided.


The Imperative Of Instructing On Pretext: A Comment On William J. Volmer's Pretext In Employment Discrimination Litigation. Mandatory Instructions For Permissible Inferences?, C. Elizabeth Belmont Jan 2004

The Imperative Of Instructing On Pretext: A Comment On William J. Volmer's Pretext In Employment Discrimination Litigation. Mandatory Instructions For Permissible Inferences?, C. Elizabeth Belmont

Washington and Lee Law Review

No abstract provided.