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Full-Text Articles in Law

Blurred Lines: Analyzing An Attorney’S Duties To A Fiduciary-Client’S Beneficiaries, Daniel R. Nappier Sep 2014

Blurred Lines: Analyzing An Attorney’S Duties To A Fiduciary-Client’S Beneficiaries, Daniel R. Nappier

Washington and Lee Law Review

No abstract provided.


Proportionality, Pretrial Confidentiality, And Discovery Sharing, Dustin B. Benham Sep 2014

Proportionality, Pretrial Confidentiality, And Discovery Sharing, Dustin B. Benham

Washington and Lee Law Review

No abstract provided.


Mad Money: Rethinking Private Placements, Abraham J.B. Cable Sep 2014

Mad Money: Rethinking Private Placements, Abraham J.B. Cable

Washington and Lee Law Review

Currently, regulations try to limit unregistered sales of stock (private placements) to the “smart money,” either by informing investors through disclosure or excluding unsophisticated investors from the market. In theory, these smart-money approaches promote the dual goals of capital formation and investor protection. But in practice, regulators have struggled to craft effective disclosure or screening mechanisms. In light of these failures, this Article advocates for a new approach—investment caps that allow every investor a limited amount of “mad money” to invest in risky private placements. This mad-money approach can protect investors by encouraging basic diversification and liquidity, while advancing capital …


Revisiting The 1938 Rules Experiment, Paul V. Niemeyer Sep 2014

Revisiting The 1938 Rules Experiment, Paul V. Niemeyer

Washington and Lee Law Review

No abstract provided.


The District Court Decision In O’Bannon V. National Collegiate Athletic Association: A Small Step Forward For College-Athlete Rights, And A Gateway For Far Grander Change, Marc Edelman Sep 2014

The District Court Decision In O’Bannon V. National Collegiate Athletic Association: A Small Step Forward For College-Athlete Rights, And A Gateway For Far Grander Change, Marc Edelman

Washington and Lee Law Review

No abstract provided.


The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock Sep 2014

The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock

Washington and Lee Law Review

Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class were treated differently than other employees or applicants. It can also help a defendant rebut such a claim by showing that differential treatment was due to characteristics other than being a member of a protected class. Yet, too often, opposing experts present invalid rebuttal evidence that the jury …


I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino Sep 2014

I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino

Washington and Lee Law Review

In its broadest sense, this Article examines the complex relationship between population booms, doctor shortages, and United States government financing of graduate medical education (GME). More specifically, this Article argues that current rules governing the calculation of Medicare payments to teaching hospitals for the costs of GME are based on cost, population, and other data that are no longer relevant. As applied, these formulas discriminate in favor of the nation’s oldest teaching hospitals, located in New England and the Middle Atlantic, and against current and future teaching hospitals located in growing population centers, especially regions in the South and West. …


Taking Back The Internet: Imposing Civil Liability On Interactive Computer Services In An Attempt To Provide An Adequate Remedy To Victims Of Nonconsensual Pornography, Amanda L. Cecil Sep 2014

Taking Back The Internet: Imposing Civil Liability On Interactive Computer Services In An Attempt To Provide An Adequate Remedy To Victims Of Nonconsensual Pornography, Amanda L. Cecil

Washington and Lee Law Review

No abstract provided.


Aereo And Filmon: Technology’S Latest Copyright War And Why Aereo Should Survive, Krista Consiglio Sep 2014

Aereo And Filmon: Technology’S Latest Copyright War And Why Aereo Should Survive, Krista Consiglio

Washington and Lee Law Review

No abstract provided.


I Like To Move It, Move It: Partialvenue Transfer For Less Than A Fulllegal Action, Krystal Brunner Swendsboe Sep 2014

I Like To Move It, Move It: Partialvenue Transfer For Less Than A Fulllegal Action, Krystal Brunner Swendsboe

Washington and Lee Law Review

No abstract provided.


Stayin’ Alive?: Bg Group, Plc V. Republic Of Argentina And The Vitality Of Host-Country Litigation Requirements In Investment Treaty Arbitration, Stephen R. Halpin Iii Jun 2014

Stayin’ Alive?: Bg Group, Plc V. Republic Of Argentina And The Vitality Of Host-Country Litigation Requirements In Investment Treaty Arbitration, Stephen R. Halpin Iii

Washington and Lee Law Review

No abstract provided.


Dynamic Forest Federalism, Blake Hudson Jun 2014

Dynamic Forest Federalism, Blake Hudson

Washington and Lee Law Review

State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has shifted toward multilevel governance known as “dynamic federalism” for many if not most regulatory subject areas, especially in the context of the natural environment. The nation has done so both legally and politically—the constitutional validity of expanded federal regulatory authority over resources has consistently been …


Polymorphous Public Law Litigation:The Forgotten History Of Nineteenthcentury Public Law Litigation, David Sloss Jun 2014

Polymorphous Public Law Litigation:The Forgotten History Of Nineteenthcentury Public Law Litigation, David Sloss

Washington and Lee Law Review

Recent debates about popular constitutionalism and judicial supremacy have focused on the question of who interprets the Constitution. This Article reframes the debate by asking what legal sources courts apply to protect individual rights from government infringement. Throughout the nineteenth century, federal courts applied a mix of international law, statutory, and common law to protect fundamental rights and restrain government action. This Article uncovers the forgotten history of nineteenth century public law litigation. Professors Post and Siegel have advocated “policentric constitutional interpretation,” wherein the Supreme Court shares authority for constitutional interpretation with other actors. By analogy, this Article introduces the …


The Bankruptcy-Law Safe Harbor For Derivatives: A Path-Dependence Analysis, Steven L. Schwarcz, Ori Sharon Jun 2014

The Bankruptcy-Law Safe Harbor For Derivatives: A Path-Dependence Analysis, Steven L. Schwarcz, Ori Sharon

Washington and Lee Law Review

U.S. bankruptcy law grants special rights and immunities to creditors in derivatives transactions, including virtually unlimited enforcement rights. This Article argues that these rights and immunities result from a form of path dependence, a sequence of industry-lobbied legislative step s, each incremental and in turn serving as apparent justification for the next step, without a rigorous and systematic vetting of the consequences. Because the resulting “safe harbor” has not been fully vetted, its significance and utility should not be taken for granted; thus, regulators, legislators, and other policymakers—whether in the United States or abroad—should not automatically assume, based on its …


Avoiding The Nuclear Option: Balancing Borrower And Lender Rights Under The Truth In Lending Act’S Right Of Rescission , Jonathan L. Caulder Jun 2014

Avoiding The Nuclear Option: Balancing Borrower And Lender Rights Under The Truth In Lending Act’S Right Of Rescission , Jonathan L. Caulder

Washington and Lee Law Review

No abstract provided.


Regulatory Monopoly And Differential Pricing In The Market For Patents , Neel U. Sukhatme Jun 2014

Regulatory Monopoly And Differential Pricing In The Market For Patents , Neel U. Sukhatme

Washington and Lee Law Review

Patents are limited-term monopolies awarded to inventors to incentivize innovation. But there is another monopoly that has been largely overlooked at the heart of patent law: the monopoly of the U.S. Patent and Trademark Office (PTO) over the granting of patents. This Article addresses this topic by developing the notion of a regulatory monopoly, where a single governmental actor has the power to set prices in a regulatory area. The Article explains how regulatory monopolists like the PTO could enhance social welfare via differential pricing—by charging regulated entities differing fees based on their willingness and ability to pay. In particular, …


Facing Down The Trolls: States Stumble On The Bridge To Patent-Assertion Regulation , David Lee Johnson Jun 2014

Facing Down The Trolls: States Stumble On The Bridge To Patent-Assertion Regulation , David Lee Johnson

Washington and Lee Law Review

No abstract provided.


Five-Star Exclusion: Modern Silicon Valley Companies Are Pushing The Limits Of Section 119 By Providing Tax-Free Meals To Employees , Austin L. Lomax Jun 2014

Five-Star Exclusion: Modern Silicon Valley Companies Are Pushing The Limits Of Section 119 By Providing Tax-Free Meals To Employees , Austin L. Lomax

Washington and Lee Law Review

No abstract provided.


Shelby And Section 3: Pulling The Voting Rights Act’S Pocket Trigger To Protect Voting Rights After Shelby County V. Holder, Paul M. Wiley Jun 2014

Shelby And Section 3: Pulling The Voting Rights Act’S Pocket Trigger To Protect Voting Rights After Shelby County V. Holder, Paul M. Wiley

Washington and Lee Law Review

No abstract provided.


Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson Mar 2014

Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.


How Roe V. Wade Was Written, David J. Garrow Mar 2014

How Roe V. Wade Was Written, David J. Garrow

Washington and Lee Law Review

No abstract provided.


Masthead Mar 2014

Masthead

Washington and Lee Law Review

No abstract provided.


Book Dedication Mar 2014

Book Dedication

Washington and Lee Law Review

No abstract provided.


If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith Mar 2014

If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith

Washington and Lee Law Review

No abstract provided.


Previability Abortion And The Pain Of The Unborn, Teresa S. Collett Mar 2014

Previability Abortion And The Pain Of The Unborn, Teresa S. Collett

Washington and Lee Law Review

No abstract provided.


Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck Mar 2014

Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck

Washington and Lee Law Review

No abstract provided.


Roe'S Effects On Family Law, Lynne Marie Kohm Mar 2014

Roe'S Effects On Family Law, Lynne Marie Kohm

Washington and Lee Law Review

No abstract provided.


Innocent Burdens, James Edwin Mahon Mar 2014

Innocent Burdens, James Edwin Mahon

Washington and Lee Law Review

No abstract provided.


Exceeding Their Powers: A Critique Of Stolt-Nielsen And Manifest Disregard, And A Proposal For Substantive Arbitral Award Review, Patrick Sweeney Mar 2014

Exceeding Their Powers: A Critique Of Stolt-Nielsen And Manifest Disregard, And A Proposal For Substantive Arbitral Award Review, Patrick Sweeney

Washington and Lee Law Review

No abstract provided.


Administration & Faculty Mar 2014

Administration & Faculty

Washington and Lee Law Review

No abstract provided.