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2012

Journal

Washington and Lee University School of Law

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Articles 1 - 30 of 85

Full-Text Articles in Law

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 …


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 …


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.


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 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.


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.


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.


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.


Do End-Users Get The Best Of Both Worlds?—Title Vii Of Dodd–Frank And The End-User Exception, Carney Simpson Jun 2012

Do End-Users Get The Best Of Both Worlds?—Title Vii Of Dodd–Frank And The End-User Exception, Carney Simpson

Washington and Lee Law Review

No abstract provided.


Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman Jun 2012

Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman

Washington and Lee Law Review

In a criminal system that tips heavily to the side of wealth and power, we routinely detain the accused in often horrifying conditions, confined in jails while still maintaining the presumption of innocence. Here, in the rotting jail cells of impoverished defendants, lies the Shadowlands of Justice, where the lack of criminal procedure has produced a darkness unrelieved by much scrutiny or concern on the part of the law. This Article contends that our current system of pretrial detention lies in shambles, routinely incarcerating the accused in horrifying conditions often far worse than those of convicted offenders in prisons. Due …


The Card Act On Campus, Jim Hawkins Jun 2012

The Card Act On Campus, Jim Hawkins

Washington and Lee Law Review

In February 2010, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act intervened in student credit card markets in a dramatic way, attempting to prevent student over-indebtedness, to end aggressive marketing to college students, and to reveal and change avaricious agreements between credit card issuers and colleges. Yet, two years after it became effective, we still have little measurement of whether the Act has accomplished these goals. This Article offers the first empirical assessment of the rationales for the CARD Act and the Act’s effects. Over the two years since the CARD Act went into effect, I conducted surveys of …


Congress, The Constitution, And Supreme Court Recusal, Louis J. Virelli Iii Jun 2012

Congress, The Constitution, And Supreme Court Recusal, Louis J. Virelli Iii

Washington and Lee Law Review

Recusal is one of the most hotly contested issues facing the Supreme Court. From the wide-ranging debate over Supreme Court recusal, however, a singular theme has emerged: Congress must do more to protect the integrity and legitimacy of the Court by regulating the Justices’ recusal practices. Herein lies the problem. Rather than solve the puzzle of Supreme Court recusal, direct congressional regulation has created an impasse between Congress and the Court that has consequences for the reputation, efficacy, and legitimacy of both Branches. In a precursor to this Article, I recast the issue of Supreme Court recusal as a constitutional …


“Waiving” Goodbye To Arbitration: A Contractual Approach, Paul Bennett Iv Jun 2012

“Waiving” Goodbye To Arbitration: A Contractual Approach, Paul Bennett Iv

Washington and Lee Law Review

No abstract provided.


Fatca: Toward A Multilateral Automatic Information Reporting Regime, Joanna Heiberg Jun 2012

Fatca: Toward A Multilateral Automatic Information Reporting Regime, Joanna Heiberg

Washington and Lee Law Review

No abstract provided.


Lessons Unlearned: The Legal And Policy Legacy Of The Bp Deepwater Horizon Spill, Mark Davis Jun 2012

Lessons Unlearned: The Legal And Policy Legacy Of The Bp Deepwater Horizon Spill, Mark Davis

Washington and Lee Journal of Energy, Climate, and the Environment

The explosion and blowout of the BP Deepwater Horizon well in the Gulf of Mexico dominated much of the news and public discussion during the late spring and summer of 2010. The size and scale of the blowout and its effects on people, communities, and the environment produced loud calls for deep changes in the nation’s energy and environmental laws and policies. While some things have changed, the wide ranging changes that many expected have not yet come to pass; indeed if anything the momentum has shifted to letting aggressive oil and gas development resume and to leave the fundamental …