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2007

Washington and Lee Law Review

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Articles 31 - 41 of 41

Full-Text Articles in Law

Running On Empty: Will Exxon Mobil Cause A Breakdown For Chevron And The Administrative State?, Meredith Abernathy Mar 2007

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 Mar 2007

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 …


[Insert Song Lyrics Here]: The Uses And Misuses Of Popular Music Lyrics In Legal Writing, Alex B. Long Mar 2007

[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.


The Primary Jurisdiction Doctrine: Competing Standards Of Appellate Review, Aaron J. Lockwood Mar 2007

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 Mar 2007

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.


A Tribute To Roger D. Groot Jan 2007

A Tribute To Roger D. Groot

Washington and Lee Law Review

No abstract provided.


Outing Outcomes: An Empirical Study Of Confidential Employment Discrimination Settlements, Minna J. Kotkin Jan 2007

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 Jan 2007

The Constitution In A Postmodem Age, Calvin Massey

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 Jan 2007

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.


Anti-Federalist Procedure, A. Benjamin Spencer Jan 2007

Anti-Federalist Procedure, A. Benjamin Spencer

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 Jan 2007

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.