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Articles 1 - 30 of 83
Full-Text Articles in Law
Matters Of Conscience: Lessons For Same-Sex Marriage From The Healthcase Context, Robin Fretwell Wilson
Matters Of Conscience: Lessons For Same-Sex Marriage From The Healthcase Context, Robin Fretwell Wilson
Scholarly Articles
None available.
The Double-Edged Sword In Gay Economic Life? Marriage And The Market, M.V. Lee Badgett
The Double-Edged Sword In Gay Economic Life? Marriage And The Market, M.V. Lee Badgett
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Native American Graves Protection And Repatriation Act At The Margin: Does Nagpra Govern The Disposition Of Ancient, Culturally Unidentifiable Human Remains?, Robert Van Horn
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Unborn Victims Of Violence Act And Its Impact On Reproductive Rights, April A. Alongi
The Unborn Victims Of Violence Act And Its Impact On Reproductive Rights, April A. Alongi
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Don't Get The Wrong Idea: How The Fourth Circuit Misread The Words And Spirit Of Special Education Law-And How To Fix It, Michael T. Mccarthy
Don't Get The Wrong Idea: How The Fourth Circuit Misread The Words And Spirit Of Special Education Law-And How To Fix It, Michael T. Mccarthy
Washington and Lee Law Review
No abstract provided.
Protection From A Well-Founded Fear: Applying The Disfavored Group Analysis In Asylum Cases, Bridget Tainer-Parkins
Protection From A Well-Founded Fear: Applying The Disfavored Group Analysis In Asylum Cases, Bridget Tainer-Parkins
Washington and Lee Law Review
No abstract provided.
Editor's Note: The Future Of Lgbt Scholarship
Editor's Note: The Future Of Lgbt Scholarship
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Hiv Discrimination In Health Care Services In Los Angeles County: The Results Of Three Testing Studies, Brad Sears
Hiv Discrimination In Health Care Services In Los Angeles County: The Results Of Three Testing Studies, Brad Sears
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Microperformances Of Identity: Visible Same-Sex Couples And The Marriage Controversy, Marc R. Poirier
Microperformances Of Identity: Visible Same-Sex Couples And The Marriage Controversy, Marc R. Poirier
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott
Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Gender Trouble In The Law: Arguments Against The Use Of Status/Conduct Binaries In Sexual Orientation Law, Diane S. Meier
Gender Trouble In The Law: Arguments Against The Use Of Status/Conduct Binaries In Sexual Orientation Law, Diane S. Meier
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Inferring A Right To Permanent Family Care From The United Nations Convention On The Rights Of The Child, The Hague Convention On Intercountry Adoption, And Selected Scientific Literature, Laura Matney Shapiro
Inferring A Right To Permanent Family Care From The United Nations Convention On The Rights Of The Child, The Hague Convention On Intercountry Adoption, And Selected Scientific Literature, Laura Matney Shapiro
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Decline Of Linguistic Plurality: Bottom-Up Solutions To Protect Languages In The United States, Erica R. Shamblin Knott
The Decline Of Linguistic Plurality: Bottom-Up Solutions To Protect Languages In The United States, Erica R. Shamblin Knott
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster
Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster
Washington and Lee Law Review
Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging orforcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can help …
Tax Fairness, Brian Galle
Tax Fairness, Brian Galle
Washington and Lee Law Review
This Article argues that, contrary to the consensus of economists and many legal scholars, the norm of "horizontal equity" in taxation has independent meaning as a default rule in favor of existing arrangements. Although it has long been said, and widely thought, that tax should be fair in its dealings with individuals who are situated similarly to one another, no one has been able to say convincingly just what that fairness comprises. As a result, the learned referees in the last major dispute over the significance of horizontal equity judged that fairness's critic had decidedly won the day. Since then, …
Interjurisdictional Competition In Enforcing Noncompetition Agreements: Regulatory Risk Management And The Race To The Bottom, Timothy P. Glynn
Interjurisdictional Competition In Enforcing Noncompetition Agreements: Regulatory Risk Management And The Race To The Bottom, Timothy P. Glynn
Washington and Lee Law Review
No abstract provided.
Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline D. Lipton
Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline D. Lipton
Washington and Lee Law Review
When the Oscar-winning actress Julia Roberts fought for control of the domain name, what was her aim? Did she want to reap economic benefits from the name? Probably not, as she has not used the name since it was transferred to her. Or did she want to prevent others from using it on either an unjust enrichment or a privacy basis? Was she, in fact, protecting a trademark interest in her name? Personal domain name disputes, particularly those in the space, implicate unique aspects of an individual's persona in cyberspace. Nevertheless, most of the legal rules developedfor these disputes are …
The Unintended Tax Advantages Of Gay Marriage, Theodore P. Seto
The Unintended Tax Advantages Of Gay Marriage, Theodore P. Seto
Washington and Lee Law Review
The Internal Revenue Code (the Code) contains numerous special rules applicable to the income taxation of persons related by marriage, birth, adoption, or ownership. This Article suggests a new approach to their analysis. Many basic tax rules assume that taxpayers are self-interested and unaffiliated. Where this assumption is incorrect, the Code makes adjustments to its otherwise applicable rules. Most of the resulting related-party antiavoidance rules apply only in the context of specified formal relationships-marriage, parent/child, or owner/business. The Article tests this thesis by comparing the income tax treatment of heterosexual married couples with that of gay couples in committed long-term …
Filtering Through A Mess: A Proposal To Reduce The Confusion Surrounding The Requirements For Standing In False Advertising Claims Brought Under Section 43(A) Of The Lanham Act, Peter S. Massaro, Iii
Filtering Through A Mess: A Proposal To Reduce The Confusion Surrounding The Requirements For Standing In False Advertising Claims Brought Under Section 43(A) Of The Lanham Act, Peter S. Massaro, Iii
Washington and Lee Law Review
No abstract provided.
Claims, Civil Actions, Congress & The Court: Limiting The Reasoning Of Cases Construing Poorly Drawn Statutes, Joan Steinman
Claims, Civil Actions, Congress & The Court: Limiting The Reasoning Of Cases Construing Poorly Drawn Statutes, Joan Steinman
Washington and Lee Law Review
No abstract provided.
Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White
Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White
Washington and Lee Law Review
No abstract provided.
Virginia Bar Exam, July 2008, Section 1
Virginia Bar Exam, July 2008, Section 1
Virginia Bar Exam Archive
No abstract provided.
Virginia Bar Exam, July 2008, Section 2
Virginia Bar Exam, July 2008, Section 2
Virginia Bar Exam Archive
No abstract provided.
Dna – Intimate Information Or Trash For Public Consumption?, Melanie D. Wilson
Dna – Intimate Information Or Trash For Public Consumption?, Melanie D. Wilson
Scholarly Articles
“Surreptitious sampling” may be police officers’ trump card in cracking otherwise unsolvable crimes as serious as murder, arson and rape. Law enforcement officers engage in surreptitious sampling when they covertly collect DNAsamples from unsuspecting people, who inadvertently leave behind hair, skin cells, saliva or other biological materials.Surreptitious sampling is a terrific crime-resolution tool. It allows diligent law enforcement officers to collect proof-positive evidence of guilt or innocence without the hassle of obtaining a warrant and absent probable cause or reasonable suspicion to believe that the contributor of the biological evidence committed a crime. Provided an officer has the energy and …
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan D. Franck
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan D. Franck
Scholarly Articles
While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …
A Return To The Grand Jury To Promote A Zen Zeal In Prosecutors, Melanie D. Wilson
A Return To The Grand Jury To Promote A Zen Zeal In Prosecutors, Melanie D. Wilson
Scholarly Articles
DNA evidence has freed at least 209 convicted people. Sometimes DNA evidence exonerates a person. Other times, it does not. When it does not exonerate, a prosecutor must decide whether to persist in further prosecution of the defendant. I propose a fresh, but simple, solution for prosecutors who face such choices. To protect the interests of defendants and victims, and to assuage society’s need for fair and accurate outcomes, prosecutors should represent these cases to a grand jury. The grand jury is an easily convened neutral party that can dispassionately evaluate the evidence, old and new, and determine whether a …
The First Amendment, Journalists, And Sources: A Curious Study In "Reverse Federalism", Rodney A. Smolla
The First Amendment, Journalists, And Sources: A Curious Study In "Reverse Federalism", Rodney A. Smolla
Scholarly Articles
Not available.
Leaving More Than Money: Mediation Clauses In Estate Planning Documents, Lela P. Love, Stewart E. Sterk
Leaving More Than Money: Mediation Clauses In Estate Planning Documents, Lela P. Love, Stewart E. Sterk
Washington and Lee Law Review
When probate disputes arise, an increasing number of courts have been referring those disputes to mediation. Estate planners, however, have been less proactive about drafting wills to include mediation clauses that would anticipate estate disputes and channel them away from litigation. When a will mandates mediation, the will provides a dispute resolution mechanism designed to preserve family harmony, conserve estate assets, and avoid airing the family's "dirty laundry "-objectives common to many testators. Mediation clauses in wills are no panacea. They are of little value to testators who exalt control over estate assets above all other concerns, and they are …
Existing In A Legal Limbo: The Precarious Legal Position Of Standards-Development Organizations, Tyler R.T. Wolf
Existing In A Legal Limbo: The Precarious Legal Position Of Standards-Development Organizations, Tyler R.T. Wolf
Washington and Lee Law Review
No abstract provided.
Judicial Independence, Judicial Responsibility: A District Judge's Perspective, Joan Humphrey Lefkow
Judicial Independence, Judicial Responsibility: A District Judge's Perspective, Joan Humphrey Lefkow
Washington and Lee Law Review
No abstract provided.