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2012

Washington and Lee University School of Law

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Articles 1 - 30 of 118

Full-Text Articles in Law

The Calculus Of Accommodation: Contraception, Abortion, Same-Sex Marriage, And Other Clashes Between Religion And The State, Robin F. Wilson Oct 2012

The Calculus Of Accommodation: Contraception, Abortion, Same-Sex Marriage, And Other Clashes Between Religion And The State, Robin F. Wilson

Scholarly Articles

This Article considers a burning issue in society today— whether, and under what circumstances, religious groups and individuals should be exempted from the dictates of civil law. The “political maelstrom” over the Obama administration’s sterilization and contraceptive coverage mandate is just one of many clashes between religion and the state. Religious groups and individuals have also sought religious exemptions to the duty to assist with abortions or facilitate samesex marriages. In all these contexts, religious objectors claim a special right of entitlement to follow their religious tenets, in the face of equally compelling claims that religious accommodations threaten access and …


From Oblivion To Memory: A Blueprint For The Amnesty, Mark A. Drumbl Oct 2012

From Oblivion To Memory: A Blueprint For The Amnesty, Mark A. Drumbl

Scholarly Articles

This Review Essay examines Mark Freeman’s thoughtful book, Necessary Evils: Amnesties and the Search for Justice. One of the book’s core arguments is that amnesties from criminal prosecution, however unpalatable to liberal legalist sensibilities, should not be entirely purged from the toolbox of post-conflict transitions. Although advancing this argument, Freeman also struggles with it, and ultimately builds a very restrained and heavily technocratic defense of the amnesty. This Review Essay weighs this argument, among others, on its own terms and also within the context of recent events that post-date the book’s publication. The result is a vibrant exposition of …


The Supreme Court And The Future Of Medicaid, Timothy Stoltzfus Jost, Sara Rosenbaum Sep 2012

The Supreme Court And The Future Of Medicaid, Timothy Stoltzfus Jost, Sara Rosenbaum

Scholarly Articles

Not available.


Ten Questions Every Cohabitant Should Think About Before Moving In, Robin F. Wilson Sep 2012

Ten Questions Every Cohabitant Should Think About Before Moving In, Robin F. Wilson

Scholarly Articles

None available.


Charting The Success Of Same-Sex Marriage Legislation, Robin F. Wilson Sep 2012

Charting The Success Of Same-Sex Marriage Legislation, Robin F. Wilson

Scholarly Articles

None available.


Table Of Contents Sep 2012

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Advancing Culturally And Linguistically Appropriate Services At All Phases Of A Disaster, C. Godfrey Jacobs, Darci L. Graves, Jennifer Kenyon, Guadalupe Pacheco Sep 2012

Advancing Culturally And Linguistically Appropriate Services At All Phases Of A Disaster, C. Godfrey Jacobs, Darci L. Graves, Jennifer Kenyon, Guadalupe Pacheco

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Racial And Ethnic Disparities In Post-Disaster Mental Health: Examining The Evidence Through A Lens Of Social Justice, Jonathan Purtle Sep 2012

Racial And Ethnic Disparities In Post-Disaster Mental Health: Examining The Evidence Through A Lens Of Social Justice, Jonathan Purtle

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts, Jeffrey Lewis Wieand Jr. Sep 2012

Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts, Jeffrey Lewis Wieand Jr.

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


From Plyler V. Doe To Trayvon Martin: Toward Closing The Open Society, Lyle Dennison Sep 2012

From Plyler V. Doe To Trayvon Martin: Toward Closing The Open Society, Lyle Dennison

Washington and Lee Law Review

Lyle Denniston, the longest serving and most experienced journalist covering the United States Supreme Court, takes his theme of an inclusive and open society from the constitutional and cultural vision of the late Justice Lewis F. Powell, Jr. and then offers a detailed argument that America is forfeiting—or at least compromising—that vision in favor of a safer, more secure and more cramped society, at home and abroad. The Article, taken from a memorial lecture in Justice Powell’s honor at Washington and Lee University in April 2012, draws upon a variety of very different societal and legal developments that are found …


Profiling And Immigration, Aaron Haas Sep 2012

Profiling And Immigration, Aaron Haas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Masthead Sep 2012

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Copyright Sep 2012

Copyright

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note Sep 2012

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Rising To The Surface: Disasters And Racial Health Disparities In American History, Marian Moser Jones Sep 2012

Rising To The Surface: Disasters And Racial Health Disparities In American History, Marian Moser Jones

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Insurance And Cultural Perspectives On Katrina, Jeffrey E. Thomas Sep 2012

Insurance And Cultural Perspectives On Katrina, Jeffrey E. Thomas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Ethnic And Racial Minorities, The Indigent, The Elderly, And Eminent Domain: Assessing The Virginia Model Of Reform, Jim Bailey Sep 2012

Ethnic And Racial Minorities, The Indigent, The Elderly, And Eminent Domain: Assessing The Virginia Model Of Reform, Jim Bailey

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Ask, Tell, But Do Not Get Greedy: The Inequalities That Pervade In The Military In Light Of The Repeal Of “Don’T Ask, Don’T Tell”, David Barnes Sep 2012

Ask, Tell, But Do Not Get Greedy: The Inequalities That Pervade In The Military In Light Of The Repeal Of “Don’T Ask, Don’T Tell”, David Barnes

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Eluding The Grim Reaper: How Section 2 Of The Defense Of Marriage Act Could Survive Strict Scrutiny, Michael Disiena Sep 2012

Eluding The Grim Reaper: How Section 2 Of The Defense Of Marriage Act Could Survive Strict Scrutiny, Michael Disiena

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Monolithic Threat: The Anti-Sharia Movement And America’S Counter-Subversive Tradition, Ross Johnson Sep 2012

A Monolithic Threat: The Anti-Sharia Movement And America’S Counter-Subversive Tradition, Ross Johnson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Power Of A Suggestion: The Use Of Forum Selection Clauses By Delaware Corporations, Thomas T. Mcclendon Sep 2012

The Power Of A Suggestion: The Use Of Forum Selection Clauses By Delaware Corporations, Thomas T. Mcclendon

Washington and Lee Law Review

No abstract provided.


A Case Against The Entire Market Value Rule, Anthony D. Raucci Sep 2012

A Case Against The Entire Market Value Rule, Anthony D. Raucci

Washington and Lee Law Review

No abstract provided.


Contingent Capital In Executive Compensation, Wulf A. Kaal Sep 2012

Contingent Capital In Executive Compensation, Wulf A. Kaal

Washington and Lee Law Review

Contingent capital has great potential to improve corporate governance in Systemically Important Financial Institutions (SIFIs). Early initiatives by European SIFIs to include contingent convertible bonds in executive compensation packages lack governance-improving designs. This Article suggests the use of contingent convertible bonds with an early conversion trigger in executive compensation. The proposal adds an important element to the literature on inside debt and the creditor-centered approach to executive compensation. Contingent convertible bonds with early triggers could be preferable to other debt instruments because, in addition to lowering income inequality and increasing sustainability, the early trigger design can improve incentives for executives …


Illuminating Innovation: From Patent Racing To Patent War, Lea Shaver Sep 2012

Illuminating Innovation: From Patent Racing To Patent War, Lea Shaver

Washington and Lee Law Review

Patent law assumes that stronger protection promotes innovation, yet empirical evidence to test this “innovation hypothesis” is lacking. This Article argues that historical case studies hold unique promise to provide an empirical foundation for modern patent policy. Specifically, this Article uses the history of patents surrounding the light bulb to examine a recently articulated theory of “patent racing” as a justification for patent protection. Thomas Edison’s experience confirms that Mark Lemley’s racing model has substantial descriptive merit. Yet this case study also reveals the limits of the patent racing model. Looking past the initial finish line of patent filings to …


The Law School Critique In Historical Perspective, A. Benjamin Spencer Sep 2012

The Law School Critique In Historical Perspective, A. Benjamin Spencer

Washington and Lee Law Review

Contemporary critiques of legal education abound. This arises from what can be described as a perfect storm: the confluence of softness in the legal employment market, the skyrocketing costs of law school, and the unwillingness of clients and law firms to continue subsidizing the further training of lawyers who failed to learn how to practice in law school. As legal jobs become increasingly scarce and salaries stagnate, the value proposition of law school is rightly being questioned from all directions. Although numerous valid criticisms have been put forth, some seem to be untethered from a full appreciation for how the …


Limiting The Legislative Privilege: Analyzing The Scope Of The Speech Or Debate Clause, Kelly M. Mcguire Sep 2012

Limiting The Legislative Privilege: Analyzing The Scope Of The Speech Or Debate Clause, Kelly M. Mcguire

Washington and Lee Law Review

No abstract provided.


The Real Error In Citizens United, Joanna M. Meyer Sep 2012

The Real Error In Citizens United, Joanna M. Meyer

Washington and Lee Law Review

No abstract provided.


The Physical Consequences Of Emotional Distress: The Need For A New Test To Determine What Amounts Are Excluded From Gross Income Under § 104(A)(2), C. Anthony Wolfe Iv Sep 2012

The Physical Consequences Of Emotional Distress: The Need For A New Test To Determine What Amounts Are Excluded From Gross Income Under § 104(A)(2), C. Anthony Wolfe Iv

Washington and Lee Law Review

No abstract provided.


Virginia Bar Exam, July 2012, Section 1 Jul 2012

Virginia Bar Exam, July 2012, Section 1

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, July 2012, Section 2 Jul 2012

Virginia Bar Exam, July 2012, Section 2

Virginia Bar Exam Archive

No abstract provided.