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Articles 61 - 90 of 366
Full-Text Articles in Constitutional Law
The Demise Of Capital Clemency, Paul J. Larkin Jr.
The Demise Of Capital Clemency, Paul J. Larkin Jr.
Washington and Lee Law Review
No abstract provided.
Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Phyllis Goldfarb
Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Phyllis Goldfarb
Washington and Lee Law Review
No abstract provided.
Post-Trial Plea Bargaining In Capital Cases: Using Conditional Clemency To Remove Weak Cases From Death Row, Adam M. Gershowitz
Post-Trial Plea Bargaining In Capital Cases: Using Conditional Clemency To Remove Weak Cases From Death Row, Adam M. Gershowitz
Washington and Lee Law Review
Plea bargaining accounts for over ninety percent of criminal convictions and it dominates the American criminal justice system. Yet, once a defendant is convicted, bargaining almost completely disappears from the system. Even though years of litigation are on the horizon, there is nearly no bargaining in the appellate and habeas corpus process. There are two reasons for this. First, prosecutors and courts typically lack the power to alter a sentence that has already been imposed. Second, even if prosecutors had the authority to negotiate following a conviction, they would have little incentive to do so. Affirmance rates in ordinary criminal …
“Merchants And Thieves, Hungry For Power”: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
“Merchants And Thieves, Hungry For Power”: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
Washington and Lee Law Review
No abstract provided.
Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones
Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones
Washington and Lee Law Review
No abstract provided.
Taking Patents, Gregory Dolin, Irena D. Manta
Taking Patents, Gregory Dolin, Irena D. Manta
Washington and Lee Law Review
The America Invents Act (AIA) was widely hailed as a remedy to the excessive number of patents that the Patent & Trademark Office issued, and especially ones that would later turn out to be invalid. In its efforts to eradicate “patent trolls” and fend off other ills, however, the AIA introduced serious constitutional problems that this Article brings to the fore. We argue that the AIA’s new “second-look” mechanisms in the form of Inter Partes Review (IPR) and Covered Business Method Review (CBMR) have greatly altered the scope of vested patent rights by modifying the boundaries of existing patents. The …
Foreign Governments As Plaintiffs In U.S. Courts And The Case Against “Judicial Imperialism”, Hannah L. Buxbaum
Foreign Governments As Plaintiffs In U.S. Courts And The Case Against “Judicial Imperialism”, Hannah L. Buxbaum
Washington and Lee Law Review
One consequence of the increasingly transnational nature of civil litigation is that U.S. courts must frequently address the interests of foreign sovereigns. These interactions arise primarily in three contexts: when a foreign government is the defendant in a U.S. court; when a claim requires a U.S. court to scrutinize actions taken by a foreign government; and when a U.S. court seeks to apply U.S. law to persons or conduct within a foreign government’s borders. Each of these contexts invokes a narrative in which the engagement of U.S. courts interferes or conflicts with the prerogatives of a foreign sovereign. As a …
The Freedom To Pursue A Common Calling: Applying Intermediate Scrutiny To Occupational Licensing Statutes, Alexandra L. Klein
The Freedom To Pursue A Common Calling: Applying Intermediate Scrutiny To Occupational Licensing Statutes, Alexandra L. Klein
Washington and Lee Law Review
No abstract provided.
In Need Of Direction: An Evaluation Of The "Direct Effect" Requirement Under Foreign Trade Antitrust Improvements Act, Claire L. Leonard
In Need Of Direction: An Evaluation Of The "Direct Effect" Requirement Under Foreign Trade Antitrust Improvements Act, Claire L. Leonard
Washington and Lee Law Review
No abstract provided.
A Tale Of Two Cases, Paul J. Larkin Jr.
A Tale Of Two Cases, Paul J. Larkin Jr.
Washington and Lee Law Review
No abstract provided.
A Curious Call For More Judicial Activism: Comment On Alexandra Klein's "The Freedom To Pursue A Common Calling", Mark Rush
Washington and Lee Law Review
No abstract provided.
Administrative Federalism As Separation Of Powers, David S. Rubenstein
Administrative Federalism As Separation Of Powers, David S. Rubenstein
Washington and Lee Law Review
Federal agencies are key players in our federalist system: they make front-line decisions about the scope of federal policy and whether such policy should preempt state law. How agencies perform these functions, and how they might fulfill them better, are questions at the heart of “administrative federalism.” Some academic proposals for administrative federalism work to enhance states’ ability to participate in federal agency decisionmaking. Other proposals work to protect state autonomy through adjustments to the Supreme Court’s administrative preemption doctrine. As jurists and scholars debate what these proposals entail for federalism, this Article doubles-down with a twist: it examines what …
Polymorphous Public Law Litigation:The Forgotten History Of Nineteenth Century Public Law Litigation, David Sloss
Polymorphous Public Law Litigation:The Forgotten History Of Nineteenth Century 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 Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe
The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe
Washington and Lee Law Review
No abstract provided.
How Roe V. Wade Was Written, David J. Garrow
How Roe V. Wade Was Written, David J. Garrow
Washington and Lee Law Review
No abstract provided.
Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler
Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler
Washington and Lee Law Review
No abstract provided.
Re-Reading Roe V. Wade, Richard S. Myers
Re-Reading Roe V. Wade, Richard S. Myers
Washington and Lee Law Review
No abstract provided.
Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann
Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann
Washington and Lee Law Review
No abstract provided.
Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony
Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony
Washington and Lee Law Review
No abstract provided.
If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith
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
Previability Abortion And The Pain Of The Unborn, Teresa S. Collett
Washington and Lee Law Review
No abstract provided.
Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg
Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg
Washington and Lee Law Review
No abstract provided.
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Washington and Lee Law Review
No abstract provided.
Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann
Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann
Washington and Lee Law Review
No abstract provided.
Roe'S Effects On Family Law, Lynne Marie Kohm
Roe'S Effects On Family Law, Lynne Marie Kohm
Washington and Lee Law Review
No abstract provided.
Innocent Burdens, James Edwin Mahon
Innocent Burdens, James Edwin Mahon
Washington and Lee Law Review
No abstract provided.
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.
Abortion Distortions, Caroline Mala Corbin
Abortion Distortions, Caroline Mala Corbin
Washington and Lee Law Review
No abstract provided.
The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian
The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian
Washington and Lee Law Review
No abstract provided.