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2009

Washington and Lee University School of Law

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Articles 1 - 30 of 101

Full-Text Articles in Law

Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl Nov 2009

Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl

Scholarly Articles

None available.


Replacing Incarceration: The Need For Dramatic Change, Nora V. Demleitner Oct 2009

Replacing Incarceration: The Need For Dramatic Change, Nora V. Demleitner

Scholarly Articles

Not available.


Good Conduct Time: How Much And For Whom? The Unprincipled Approach Of The Model Penal Code, Nora V. Demleitner Sep 2009

Good Conduct Time: How Much And For Whom? The Unprincipled Approach Of The Model Penal Code, Nora V. Demleitner

Scholarly Articles

Not available.


Court Ordered Disclosure Of Historical Cell Site Location Information: The Argument For A Probable Cause Standard, Patrick T. Chamberlain Sep 2009

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 Sep 2009

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 …


Editor's Note Sep 2009

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Introduction To The Symposium Issue: Reproductive And Sexual Health And The African Women's Protocol, Charles Ngwena Sep 2009

Introduction To The Symposium Issue: Reproductive And Sexual Health And The African Women's Protocol, Charles Ngwena

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


An Introduction To The Protocol To The African Charter On Human And Peoples' Rights On The Rights Of Women In Africa, Frans Viljoen Sep 2009

An Introduction To The Protocol To The African Charter On Human And Peoples' Rights On The Rights Of Women In Africa, Frans Viljoen

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook Sep 2009

Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché Sep 2009

Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


"The Distant 'Big' Hospital": Linking Development, Poverty And Reproductive Health-A Gender Mainstreaming Approach, Edith Miguda Sep 2009

"The Distant 'Big' Hospital": Linking Development, Poverty And Reproductive Health-A Gender Mainstreaming Approach, Edith Miguda

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Realizing Access To Sexual Health Information And Services For Adolescents Through The Protocol To The African Charter On The Rights Of Women, Ebenezer Durojaye Sep 2009

Realizing Access To Sexual Health Information And Services For Adolescents Through The Protocol To The African Charter On The Rights Of Women, Ebenezer Durojaye

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sácouto, Katherine Cleary Sep 2009

The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sácouto, Katherine Cleary

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr Sep 2009

Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski Sep 2009

The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Liberty Of Innocent Delights: Obscene Devices And The Limits Of State Power After Lawrence V. Texas, E. Benton Keatley Sep 2009

The Liberty Of Innocent Delights: Obscene Devices And The Limits Of State Power After Lawrence V. Texas, E. Benton Keatley

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


When Securitization Complicates The Issue: What Are The Homeowner's Defenses To Foreclosure?, Victoria V. Corder Sep 2009

When Securitization Complicates The Issue: What Are The Homeowner's Defenses To Foreclosure?, Victoria V. Corder

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Personnel Is Policy: Schools, Student Groups, And The Right To Discriminate, George B. Davis Sep 2009

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 Sep 2009

Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky

Washington and Lee Law Review

No abstract provided.


Lewis F. Powell Lecture, Carter G. Phillips Sep 2009

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. Sep 2009

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 Sep 2009

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 Sep 2009

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 Sep 2009

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. Sep 2009

Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.

Washington and Lee Law Review

No abstract provided.


Virginia Bar Exam, July 2009, Section 1 Jul 2009

Virginia Bar Exam, July 2009, Section 1

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, July 2009, Section 2 Jul 2009

Virginia Bar Exam, July 2009, Section 2

Virginia Bar Exam Archive

No abstract provided.


International Investment Arbitration: Winning Losing And Why, Susan D. Franck Jun 2009

International Investment Arbitration: Winning Losing And Why, Susan D. Franck

Scholarly Articles

None available.


Virtual Parentalism, Joshua A.T. Fairfield Jun 2009

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.


The God Paradox, Joshua A.T. Fairfield Jun 2009

The God Paradox, Joshua A.T. Fairfield

Scholarly Articles

Not available.