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Articles 61 - 85 of 85
Full-Text Articles in Law
The Economics And Regulation Of Bank Overdraft Protection, Todd J. Zywicki
The Economics And Regulation Of Bank Overdraft Protection, Todd J. Zywicki
Washington and Lee Law Review
Consumer use of bank overdraft protection has risen rapidly over the past decade, leading to increased scrutiny and the imposition of new regulations. Public and political debate regarding overdraft protection has highlighted anecdotal stories about irresponsible college students who overdraw their accounts to buy a cup of coffee, thereby triggering substantial overdraft fees. But there has been little systematic examination of the safety and soundness or consumer protection issues implicated by the increased use of overdraft protection. Available evidence indicates that those who rely on overdraft protection tend to have low credit ratings and use overdraft protection to maintain short-term …
Whistling Rogues: A Comparative Analysis Of The Dodd–Frank Whistleblower Bounty Program, Patrick A. Barthle Ii
Whistling Rogues: A Comparative Analysis Of The Dodd–Frank Whistleblower Bounty Program, Patrick A. Barthle Ii
Washington and Lee Law Review
No abstract provided.
Applying The Stored Communications Act To The Civil Discovery Of Social Networking Sites, Rudolph J. Burshnic
Applying The Stored Communications Act To The Civil Discovery Of Social Networking Sites, Rudolph J. Burshnic
Washington and Lee Law Review
No abstract provided.
Reining In The Rogue Squadron: Making Sense Of The “Original Source” Exception For Qui Tam Relators, Dayna Bowen Matthew
Reining In The Rogue Squadron: Making Sense Of The “Original Source” Exception For Qui Tam Relators, Dayna Bowen Matthew
Washington and Lee Law Review
No abstract provided.
Nuclear Power 2021 Act (S. 512), G. Graham Thompson, Kyle Hosmer
Nuclear Power 2021 Act (S. 512), G. Graham Thompson, Kyle Hosmer
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Masthead & Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust
American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Carrots And Sticks, From President Obama’S Solyndra And Beyond, Paul Boudreaux
Carrots And Sticks, From President Obama’S Solyndra And Beyond, Paul Boudreaux
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Challenging The Habeas Process Rather Than The Result, Justin F. Marceau
Challenging The Habeas Process Rather Than The Result, Justin F. Marceau
Washington and Lee Law Review
Habeas scholarship has repeatedly assessed whether the Antiterrorism and Effective Death Penalty Act’s (AEDPA’s) limitations on federal habeas relief were as severe in practice as they appeared to be on paper. By analyzing recent doctrinal shifts—particularly focusing on two Supreme Court decisions from this Term—and substantial new empirical data, this Article acknowledges that AEDPA’s bite has reached substantial proportions, in many ways exceeding the initial concerns and hype surrounding the legislation. More importantly, after acknowledging that federal habeas relief from state court convictions has become “microscopically” rare, this Article considers what the rarity of relief ought to mean as a …
Rethinking The New Public Health, Lindsay F. Wiley
Rethinking The New Public Health, Lindsay F. Wiley
Washington and Lee Law Review
This Article contributes to an emerging theoretical debate over the legitimate scope of public health law by linking it to a particular doctrinal debate in public nuisance law. State and local governments have been largely stymied in their efforts to use public nuisance litigation against harmful industries to vindicate collectively-held, common law rights to non-interference with public health and safety. The ways in which this litigation has failed are instructive for a broader movement in public health that is only just beginning to take shape. In response to evolving scientific understanding about the determinants of health, public health advocates are …
Energy Efficiency As Fundamental To The Missions Of U.S. Religious Congregations, Health Care Providers And Schools, Warren G. Lavey
Energy Efficiency As Fundamental To The Missions Of U.S. Religious Congregations, Health Care Providers And Schools, Warren G. Lavey
Washington and Lee Journal of Energy, Climate, and the Environment
Increased energy efficiency confers many economic, environmental, and public health benefits but is handicapped in the United States by energy prices which fail to reflect damaging emissions from most energy production. Under market prices, standard lifecycle financial analysis of potential investments leads businesses and households to improve their energy efficiency in many ways. However, pursuing environmental sustainability and enhanced public health requires heightened awareness, stronger incentives, and more actions. Many religious congregations, health care providers, and schools recognize that improving energy efficiency and reducing related emissions serve their missions. Many organizations in these mission-driven sectors have undertaken far-reaching commitments to …
Assessing Moral Claims In International Climate Change Negotiations, Yoram Margalioth
Assessing Moral Claims In International Climate Change Negotiations, Yoram Margalioth
Washington and Lee Journal of Energy, Climate, and the Environment
The paper explains the importance of narrowing the gap between developed and developing countries’ perceptions of justice in the climate change context and analyzes the two main ethical claims raised by the developing countries, exposing their major weaknesses and strengths. It then offers the adoption of harmonized carbon taxes and the rejection of Kyoto’s cap-and-trade mitigation scheme, as a way to avoid inevitably unresolved ethical issues.
Integrating Community Knowledge Into Environmental And Natural Resource Decision-Making: Notes From Alaska And Around The World, Elizabeth Barrett Ristroph
Integrating Community Knowledge Into Environmental And Natural Resource Decision-Making: Notes From Alaska And Around The World, Elizabeth Barrett Ristroph
Washington and Lee Journal of Energy, Climate, and the Environment
Community knowledge (including traditional, local, and indigenous knowledge) has a role to play in government agency decisions regarding the environment and natural resources. This article considers the benefits of using community knowledge, as well as obstacles to collecting this knowledge and integrating it with Western science. The article further discusses how federal agencies in Alaska use community knowledge and laws that potentially affect this use (including the Data Quality Act). Finally, the article provides recommendations for agencies to consider in collecting and using community knowledge.
Chevron, Greenwashing, And The Myth Of “Green Oil Companies”, Miriam A. Cherry, Judd F. Sneirson
Chevron, Greenwashing, And The Myth Of “Green Oil Companies”, Miriam A. Cherry, Judd F. Sneirson
Washington and Lee Journal of Energy, Climate, and the Environment
As green business practices grow in popularity, so does the temptation to “greenwash” one’s business to appear more environmentally and socially responsible than it actually is. We examined this phenomenon in an earlier paper, using BP and the Deepwater Horizon catastrophe as a case study and developing a framework for policing dubious claims of corporate social responsibility. This Article revisits these issues focusing on Chevron, an oil company that claims in its advertisements to care deeply about the environment and the communities in which it operates, even as it faces an $18 billion judgment for polluting the Ecuadorean Amazon and …
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification, Jonathan M.W.W. Chu
Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification, Jonathan M.W.W. Chu
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat
Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), Anaeli C. Sandoval
Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), Anaeli C. Sandoval
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters
National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Agency And The Ontology Of The Corporation, Christopher M. Bruner
Agency And The Ontology Of The Corporation, Christopher M. Bruner
Washington and Lee Law Review
No abstract provided.
Optimizing Qui Tam Litigation And Minimizing Fraud And Abuse: A Comment On Christopher Alexion’S Open The Door, Not The Floodgates, Timothy Stoltzfus Jost
Optimizing Qui Tam Litigation And Minimizing Fraud And Abuse: A Comment On Christopher Alexion’S Open The Door, Not The Floodgates, Timothy Stoltzfus Jost
Washington and Lee Law Review
No abstract provided.
Toward A Nexus Of Virtue, Ronald J. Colombo
Toward A Nexus Of Virtue, Ronald J. Colombo
Washington and Lee Law Review
Corporate law, like all law, should be directed toward the common good. The common good requires that corporate activity be restrained, if not actively directed, by human virtue. An analysis of the corporate enterprise suggests that those corporate actors with the greatest stake in the exercise of virtue, and best positioned to influence corporate activity via the exercise of virtuous judgment, are the corporation’s officers. Thus, one of the primary objectives of corporate law should be to promote virtue among corporate officers. Contrary to what some might assume, the promotion of virtue among corporate officers need not entail a promulgation …
Corporate Wrongdoing And The In Pari Delicto Defense In Auditor Malpractice Cases: A New Approach, Christine M. Shepard
Corporate Wrongdoing And The In Pari Delicto Defense In Auditor Malpractice Cases: A New Approach, Christine M. Shepard
Washington and Lee Law Review
No abstract provided.
Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott
Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott
Washington and Lee Law Review
No abstract provided.
Open The Door, Not The Floodgates: Controlling Qui Tam Litigation Under The False Claims Act, Christopher M. Alexion
Open The Door, Not The Floodgates: Controlling Qui Tam Litigation Under The False Claims Act, Christopher M. Alexion
Washington and Lee Law Review
No abstract provided.