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Articles 1 - 30 of 44
Full-Text Articles in Law
Court Ordered Disclosure Of Historical Cell Site Location Information: The Argument For A Probable Cause Standard, Patrick T. Chamberlain
Court Ordered Disclosure Of Historical Cell Site Location Information: The Argument For A Probable Cause Standard, Patrick T. Chamberlain
Washington and Lee Law Review
No abstract provided.
The Legitimate Rights Of Public Shareholders, Lawrence E. Mitchell
The Legitimate Rights Of Public Shareholders, Lawrence E. Mitchell
Washington and Lee Law Review
In recent years there has been significant ongoing academic debate over the expansion ofpublic shareholders 'participation rights in corporate governance. The debate has accompanied a dramatic increase in institutional shareholder and hedge fund activism attempting to influence the conduct ofcorporate affairs. The legitimacy ofshareholderp articipationr ights depends upon the actual role public shareholders play in contributing to the corporation's function of providing goods and services and, ultimately, to economic growth and social welfare. Few in the debate have stopped to examine this question. This Article presents original empirical evidence that demonstrates that public shareholders do not, on net, contributec apitalt …
Personnel Is Policy: Schools, Student Groups, And The Right To Discriminate, George B. Davis
Personnel Is Policy: Schools, Student Groups, And The Right To Discriminate, George B. Davis
Washington and Lee Law Review
No abstract provided.
Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky
Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky
Washington and Lee Law Review
No abstract provided.
Lewis F. Powell Lecture, Carter G. Phillips
Lewis F. Powell Lecture, Carter G. Phillips
Washington and Lee Law Review
No abstract provided.
Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.
Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.
Washington and Lee Law Review
No abstract provided.
Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz
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 …
Fitting Punishment, Juliet Stumpf
Fitting Punishment, Juliet Stumpf
Washington and Lee Law Review
Proportionality is conspicuously absent from the legal framework for immigration sanctions. Immigration Law relies on one sanctiondeportation- as the ubiquitous penalty for any immigration violation. Neither the gravity of the violation nor the harm that results bears on whether deportation is the consequence for an immigration violation. Immigration Law stands alone in the legal landscape in this respect. Criminal Law incorporates proportionality when imposing graduated punishment based on the gravity of the offense; contract and tort Law provide for damages that are graduated based on the harm to others or to society. This Article represents the first and fundamental step …
Removal To Federal Courts From State Administrative Agencies: Reevaluating The Functional Test, Erica B. Haggard
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.
Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.
Washington and Lee Law Review
No abstract provided.
Virtual Parentalism, Joshua A.T. Fairfield
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.
Protecting Children In Virtual Worlds Without Undermining Their Economic, Educational, And Social Benefits, Robert Bloomfield, Benjamin Duranske
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.
Developmental Implications Of Children's Virtual Worlds, Kaveri Subrahmanyam
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 …
Failed Rescue: Why Davis V. Fec Signals The End To Effective Clean Elections, E. Stewart Crosland
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
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.
The Aig Bailout, William K. Sjostrum, Jr.
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
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
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
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.
Fertility And Virtual Reality, Edward Castronova
Fertility And Virtual Reality, Edward Castronova
Washington and Lee Law Review
No abstract provided.
Sex Play In Virtual Worlds, Robin Fretwell Wilson
Sex Play In Virtual Worlds, Robin Fretwell Wilson
Washington and Lee Law Review
No abstract provided.
Virtual Heisenberg: The Limits Of Virtual World Regulability, Viktor Mayer-Schonberger
Virtual Heisenberg: The Limits Of Virtual World Regulability, Viktor Mayer-Schonberger
Washington and Lee Law Review
No abstract provided.
The Impossible Student Exception To Fica Taxation And Its Applicability To Medical Residents, Patrick Timothy Rowe
The Impossible Student Exception To Fica Taxation And Its Applicability To Medical Residents, Patrick Timothy Rowe
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
Washington and Lee Law Review
No abstract provided.
Online Dangers: Keeping Children And Adolescents Safe, Jodi L. Whitaker, Brad J. Bushman
Online Dangers: Keeping Children And Adolescents Safe, Jodi L. Whitaker, Brad J. Bushman
Washington and Lee Law Review
No abstract provided.
Virtually Liable, Garrett Legerwood
Virtually Liable, Garrett Legerwood
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
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.
The Boundary-Line Function Of The Economic Loss Rule, Vincent R. Johnson
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
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
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 …