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Washington and Lee University School of Law

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Articles 1 - 27 of 27

Full-Text Articles in Public Law and Legal Theory

Three Restatements Of Restitution, Andrew Kull Jun 2011

Three Restatements Of Restitution, Andrew Kull

Washington and Lee Law Review

No abstract provided.


The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor Jun 2011

The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor

Washington and Lee Law Review

No abstract provided.


A Relational Critique Of The Third Restatement Of Restitution § 39, David Campbell Jun 2011

A Relational Critique Of The Third Restatement Of Restitution § 39, David Campbell

Washington and Lee Law Review

In the Restatement (Third) of Restitution and Unjust Enrichment, breach of contract is regarded as a "wrong," and, in response to the perceived shortcomings of the current law of remedies based on compensatory damages, the proposed Section 39 seeks to provide for disgorgement of profit as an alternative remedy for "opportunistic" breach. In so doing, the Restatement is substantially repeating the argument for the extension of restitutionary remedies for breach of contract which recently has had great success in the Commonwealth. The restitutionary criticism of compensatory damages is, at root, that those damages are unable to prevent important forms of ...


A Sin Of Admission: Why Section 62 Should Have Been Omitted From The Restatement (Third) Of Restitution & Unjust Enrichment, Adam Rigoni Jun 2011

A Sin Of Admission: Why Section 62 Should Have Been Omitted From The Restatement (Third) Of Restitution & Unjust Enrichment, Adam Rigoni

Washington and Lee Law Review

No abstract provided.


Translocations And Inertia, W. F. Young Jun 2011

Translocations And Inertia, W. F. Young

Washington and Lee Law Review

No abstract provided.


Indeterminacy And The Law Of Restitution, James Steven Rogers Jun 2011

Indeterminacy And The Law Of Restitution, James Steven Rogers

Washington and Lee Law Review

No abstract provided.


College Suicide: A Law And Policy Perspective, Gary Pavela Sep 2010

College Suicide: A Law And Policy Perspective, Gary Pavela

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Criminal Justice And The Public Imagination, Erik Luna Jan 2009

Criminal Justice And The Public Imagination, Erik Luna

Scholarly Articles

As this symposium demonstrates, criminology has much to offer criminal law and procedure. But there are limits to this endeavor, such as when public policy is distorted by powerful emotions that ignore the lessons of legal doctrine and social science. This article presents one possible response in such circumstances: expanding the interdisciplinary relationship to include literary and cultural materials usually associated with the humanities. These works can inspire the public imagination in ways that law and criminology cannot, at times offering an alternative narrative to counter emotion-driven claims of necessity, for instance, and raising the exact type of questions that ...


Consumption, Development Aid, And Natural Law, Gary Chartier Mar 2007

Consumption, Development Aid, And Natural Law, Gary Chartier

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Jurisdiction To Adjudicate: A Revised Analysis, A. Benjamin Spencer Jan 2006

Jurisdiction To Adjudicate: A Revised Analysis, A. Benjamin Spencer

Scholarly Articles

Personal jurisdiction doctrine as articulated by the Supreme Court is in disarray.A s a constitutional doctrine whose contours remain imprecise, the law of personal jurisdiction has generated confusion, unpredictability, and extensive satellite litigation over what should be an uncomplicated preliminary issue. Many commentators have long lamented these defects, making suggestions for how the doctrine could be improved. Although many of these proposals have had much to offer, they generally have failed to articulate (or adequately justify or explain) a simple and sound approach to jurisdiction that the Supreme Court can embrace. This Article revises the law of personal jurisdiction ...


The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro Jan 2006

The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro

Washington and Lee Law Review

No abstract provided.


A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr. Jun 2004

A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr.

Washington and Lee Law Review

This paper develops a normative theory of bankruptcy law called "procedure theory." The core of procedure theory is that bankruptcy law exists in order to maximize the recoveries for holders of legal entitlements ("rightsholders") in respect of a financially distressed debtor. Bankruptcy law in the United States is a branch of civil procedure and the jurisdiction of federal courts. Procedure theory holds that it generally is wrong in bankruptcy to redistribute a debtor's wealth away from its rightsholders to benefit third-party interests, such as at-will employees and the general community. It also generally is wrong to rearrange priorities in ...


Deterrence: The Legitimate Function Of The Public Tort, Thomas C. Galligan, Jr. Jun 2001

Deterrence: The Legitimate Function Of The Public Tort, Thomas C. Galligan, Jr.

Washington and Lee Law Review

No abstract provided.


Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster Jun 1997

Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster

Washington and Lee Law Review

No abstract provided.


A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose Jan 1996

A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose

Washington and Lee Law Review

No abstract provided.


The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz Sep 1994

The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz

Washington and Lee Law Review

No abstract provided.


Handgun Article, Lewis F. Powell Jr. Jul 1992

Handgun Article, Lewis F. Powell Jr.

Powell Writings

No abstract provided.


In The 1990'S The Government Must Be A Reasonable Person In Its Workplaces: The Discretionary Function Immunity Must Be Trimmed, Victor E. Schwartz, Liberty Mahshigian Mar 1989

In The 1990'S The Government Must Be A Reasonable Person In Its Workplaces: The Discretionary Function Immunity Must Be Trimmed, Victor E. Schwartz, Liberty Mahshigian

Washington and Lee Law Review

No abstract provided.


Prospects For A General Theory Of Economic Regulation, Thomas D. Barton Jan 1989

Prospects For A General Theory Of Economic Regulation, Thomas D. Barton

Washington and Lee Law Review

No abstract provided.


Market Failure And Regulatory Failure As Catalysts For Political Change: The Choice Between Imperfect Regulation And Imperfect Competition, Paul Stephen Dempsey Jan 1989

Market Failure And Regulatory Failure As Catalysts For Political Change: The Choice Between Imperfect Regulation And Imperfect Competition, Paul Stephen Dempsey

Washington and Lee Law Review

No abstract provided.


Force, Stanley E. Fish Jun 1988

Force, Stanley E. Fish

Washington and Lee Law Review

No abstract provided.


Ombudsmen For American Government? Edited By Stanley V. Anderson, Robert H. Haggerty Sep 1986

Ombudsmen For American Government? Edited By Stanley V. Anderson, Robert H. Haggerty

Washington and Lee Law Review

No abstract provided.


The American Commonwealth. By Louis Heren, Donald M. Borrock Sep 1986

The American Commonwealth. By Louis Heren, Donald M. Borrock

Washington and Lee Law Review

No abstract provided.


Kewanee Oil Co. V. Bicron Corp., Lewis F. Powell Jr. Oct 1973

Kewanee Oil Co. V. Bicron Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Civil Liberties Repression: Fact Or Fiction?, Lewis F. Powell, Jr. Jun 1971

Civil Liberties Repression: Fact Or Fiction?, Lewis F. Powell, Jr.

Powell Speeches

Article prepared for "Perspective" section of Richmond Times Dispatch as response to article by AP newsfeature writer Bernard Gavzer.


The American Jury, By Harry Kalven, Jr. And Hans Zeisel Mar 1967

The American Jury, By Harry Kalven, Jr. And Hans Zeisel

Washington and Lee Law Review

No abstract provided.


Constitutional Law-Scope Of Police Power As Basis For Regulation Of Practice Of Professions [State V. Boren, Wash. 1950] Mar 1951

Constitutional Law-Scope Of Police Power As Basis For Regulation Of Practice Of Professions [State V. Boren, Wash. 1950]

Washington and Lee Law Review

No abstract provided.