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452,465 full-text articles. Page 3 of 7565.

Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein 2019 Selected Works

Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein

Laura Rothstein

No abstract provided.


Children With Aids: A Need For A Clear Policy And Procedure For Public Education, Laura F. Rothstein 2019 Selected Works

Children With Aids: A Need For A Clear Policy And Procedure For Public Education, Laura F. Rothstein

Laura Rothstein

One cannot open a newspaper, watch the television news, or even watch a favorite sitcom without being aware of the degree to which Acquired Immune Deficiency Syndrome (AIDS) has permeated our society.


Masthead, 2019 Washington and Lee University School of Law

Masthead

Washington and Lee Law Review

No abstract provided.


Table Of Contents, 2019 Washington and Lee University School of Law

Table Of Contents

Washington and Lee Law Review

No abstract provided.


Individualized Sentencing, William W. Berry 2019 University of Mississippi School of Law

Individualized Sentencing, William W. Berry

Washington and Lee Law Review

In Woodson v. North Carolina, the Supreme Court proscribed the use of mandatory death sentences. One year later, in Lockett v. Ohio, the Court expanded this principle to hold that defendants in capital cases were entitled to “individualized sentencing determinations.” The Court’s reasoning in both cases centered on the seriousness of the death penalty. Because the death penalty is “different” in its seriousness and irrevocability, the Court required the sentencing court, whether judge or jury, to assess the individualized characteristics of the offender and the offense before imposing a sentence. In 2012, the Court expanded this Eighth Amendment concept ...


Collaboration Theory And Corporate Tax Avoidance, Eric C. Chaffee 2019 The University of Toledo College of Law

Collaboration Theory And Corporate Tax Avoidance, Eric C. Chaffee

Washington and Lee Law Review

This Article argues that aggressive corporate tax avoidance is legally impermissible based upon the essential nature of the corporate form. The history of the debate over the essential nature of the corporation is substantial. This debate has been reinvigorated by the Supreme Court’s recent opinions, Citizens United v. Federal Election Commission and Burwell v. Hobby Lobby Stores, Inc., which explore the scope of corporate rights.


Innovation Agents, Mirit Eyal-Cohen 2019 University of Alabama School of Law

Innovation Agents, Mirit Eyal-Cohen

Washington and Lee Law Review

The standard narrative of entrepreneurship is one of self-employed creative individuals working out of their garage or independently owned start-up companies. Intrapreneurship— where employees are responsible for being alert to new opportunities inside firms—is another model for developing innovations. Relatively little is known, however, about the latter process through which large, complex firms engage in groundbreaking corporate entrepreneurship.

This Article’s focus is on these types of innovation agents. It provides a thorough account of the positive and negative spillovers of intrapreneurial firms while making the following key points: First, intrapreneurial companies utilize their economies of scale, scope, and ...


Probate Funding And The Litigation Funding Debate, Jeremy Kidd 2019 Mercer University School of Law

Probate Funding And The Litigation Funding Debate, Jeremy Kidd

Washington and Lee Law Review

Third-party funding of legal claims is becoming more common, and increasingly more controversial. Whether in the legislative arena or in the courts, the fight over whether and how independent parties might provide funding to litigants has become heated. The fight now threatens to spill over into the probate realm, where funders have begun purchasing probate rights from putative heirs. These probate funding transactions share many characteristics with broader litigation funding but also differ in important respects. The meager existing literature tends to address the issue in a pre-biased and methodologically unsound way, making it impossible to properly assess the nature ...


Patents As Credentials, Jason Rantanen, Sarah E. Jack 2019 University of Iowa College of Law

Patents As Credentials, Jason Rantanen, Sarah E. Jack

Washington and Lee Law Review

The conventional explanation for why people seek patents draws on a simple economic rationale. Patents, the usual story goes, provide a financial reward: the ability to engage in supracompetitive pricing by excluding others from practicing the claimed technology. People are drawn to file for patents because that is how these economic rewards are secured. While scholars have proposed variations on the basic exclusionary mechanism, and there is a general acknowledgement that patents can affect a firm’s reputation, the actual mechanisms of patents’ effect on individuals — human beings — remains relatively uncharted. In this Article we offer a concrete theory and ...


God Save The United States And This Honorable County Board Of Commissioners: Lund, Bormuth, And The Fight Over Legislative Prayer, Mary Nobles Hancock 2019 Washington and Lee University School of Law

God Save The United States And This Honorable County Board Of Commissioners: Lund, Bormuth, And The Fight Over Legislative Prayer, Mary Nobles Hancock

Washington and Lee Law Review

This Note addresses whether, and to what extent, the four factors proposed by the Fourth Circuit, and subsequently rejected by the Sixth Circuit, are an appropriate test of the constitutionality of a legislative prayer practice under United States Supreme Court jurisprudence. Part II explores the background of the Establishment Clause and legislative prayer. The Supreme Court has placed significant emphasis on the history of legislative prayer in evaluating modern prayer practices, as seen in its two cases Marsh v. Chambers and Town of Greece v. Galloway. Part III examines the first two circuit court decisions to consider challenges to local ...


Christian Legislative Prayers And Christian Nationalism, Caroline Mala Corbin 2019 University of Miami School of Law

Christian Legislative Prayers And Christian Nationalism, Caroline Mala Corbin

Washington and Lee Law Review

This Response to Mary Nobles Hancock's Note explains Christian nationalism, and argues that government sponsored Christian prayers reflect and exacerbate Christian nationalism. It further contends that to help curb Christian nationalism and its ill effects, legislative prayers ought to cease entirely. Such a result is most in keeping with the Establishment Clause goal of avoiding a caste system based on religious belief.


If A Tree Falls In A Roadway, Is Anyone Liable?: Proposing The Duty Of Reasonable Care For Virginia’S Road-Maintaining Entities, Ian J. McElhaney 2019 Washington and Lee University School of Law

If A Tree Falls In A Roadway, Is Anyone Liable?: Proposing The Duty Of Reasonable Care For Virginia’S Road-Maintaining Entities, Ian J. Mcelhaney

Washington and Lee Law Review

This Note considers whether a duty for road-maintaining entities is tenable under Virginia law. It also explores the rationale for imposing differing liabilities between landowners and road-maintaining entities. Part III reviews the various duties other states use with respect to dangerous roadside trees and concludes that the duty of reasonable care is most appropriate for Virginia. Sovereign immunity is a companion issue and is addressed in Part IV. The Part provides a brief overview of the policy arguments for sovereign immunity, before reviewing immunity’s impact at the state, county, and municipal levels. The Part also addresses a government employee ...


In Search Of A Unified Theory Of The Duties Flowing From Property Ownership In Virginia: A Response To Mcelhaney’S If A Tree Falls, Kyle E. McNew 2019 MichieHamlett Attorneys at Law

In Search Of A Unified Theory Of The Duties Flowing From Property Ownership In Virginia: A Response To Mcelhaney’S If A Tree Falls, Kyle E. Mcnew

Washington and Lee Law Review

In his Note, Ian McElhaney concludes that the Court got it right in Cline v. Dunlora South, LLC—that the landowner owes no duty to protect travelers on adjoining roadways from natural conditions on the landowner’s property—because the Court also got it right in Cline v. Commonwealth when it held that the Commonwealth of Virginia may have that duty instead. In the narrowest view, that is certainly a defensible position. If the case is just about natural conditions and roads, then there is intuitive appeal in saying that they are the Commonwealth’s roads; so, it is the ...


Address By Professor David B. Wilkins, Washington And Lee University School Of Law Commencement Exercises, May 5, 2018, David B. Wilkins, Brant J. Hellwig 2019 Harvard Law School

Address By Professor David B. Wilkins, Washington And Lee University School Of Law Commencement Exercises, May 5, 2018, David B. Wilkins, Brant J. Hellwig

Washington and Lee Law Review

Professor David B. Wilkins of Harvard Law School delivered an invited address to the Washington and Lee Law Class of 2018 at their commencement ceremony. Following the conclusion of the ceremony, Dean Brant Hellwig secured Professor Wilkins' gracious permission to publish the address in the Washington and Lee Law Review, and provides a written introduction to Professor Wilkins' speech here.

Professor Wilkins undertook considerable research in crafting a commencement address that incorporated several prominent figures from the history W&L Law and the University. His speech highlighted not only the contributions of George Washington and Robert E. Lee, for whom the University is named, but also two of the Law School’s most prominent alumni: John W. Davis, former Solicitor General of the United States, President of the American Bar Association, and founder of the Davis Polk law firm; and Supreme Court Justice Lewis F. Powell, Jr.


A Few Thoughts On “If A Tree Falls In A Roadway . . . .”, David Eggert 2019 Washington and Lee University School of Law

A Few Thoughts On “If A Tree Falls In A Roadway . . . .”, David Eggert

Washington and Lee Law Review

This Response to Ian McElhaney’s note examines (1) the background legal context that got us to where we are on falling-tree liability; (2) how this peculiar issue fits into Virginia’s general approach to the law; and (3) presents some thoughts on Mr. McElhaney’s reasoning and ultimate conclusions in urging liability for road maintainers.


Inappropriate For Establishment Clause Scrutiny: Reflections On Mary Nobles Hancock’S, God Save The United States And This Honorable County Board Of Commissioners: Lund, Bormuth, And The Fight Over Legislative Prayer, Samuel W. Calhoun 2019 Washington and Lee University School of Law

Inappropriate For Establishment Clause Scrutiny: Reflections On Mary Nobles Hancock’S, God Save The United States And This Honorable County Board Of Commissioners: Lund, Bormuth, And The Fight Over Legislative Prayer, Samuel W. Calhoun

Washington and Lee Law Review

This Response to Mary Nobles Hancock’s Note, after noting the complexity of the issues she presents, briefly comments on Ms. Hancock’s analysis, which focuses on how current Supreme Court doctrine should be applied to legislative prayer. Part III ranges more broadly. The author's basic position is that the Supreme Court has long misconstrued the Establishment Clause. This misinterpretation in turn has led the Court mistakenly to interpose itself into the realm of legislative prayer, an incursion the Founders never intended.


Access To Justice Requires Access To Attorneys: Restrictions On The Practice Of Law Serve A Societal Purpose, Lisa H. Nicholson 2019 University of Louisville Louis D. Brandeis School of Law

Access To Justice Requires Access To Attorneys: Restrictions On The Practice Of Law Serve A Societal Purpose, Lisa H. Nicholson

Lisa H. Nicholson

No abstract provided.


Sarbanes-Oxley's Purported Over-Criminalization Of Corporate Offenders, Lisa H. Nicholson 2019 Selected Works

Sarbanes-Oxley's Purported Over-Criminalization Of Corporate Offenders, Lisa H. Nicholson

Lisa H. Nicholson

No abstract provided.


The "Ongoing Criminal Investigation" Constraint: Getting Away With Silence, Luke M. Milligan 2019 Selected Works

The "Ongoing Criminal Investigation" Constraint: Getting Away With Silence, Luke M. Milligan

Luke Milligan

No abstract provided.


The Real Rules Of "Search" Interpretations, Luke M. Milligan 2019 Selected Works

The Real Rules Of "Search" Interpretations, Luke M. Milligan

Luke Milligan

The Supreme Court tells us that a Fourth Amendment “search” is a matter of “reasonable expectations of privacy.” Scholars meanwhile debate “search” on the axes of value, doctrine, institutionalism, interpretation, and judicial politics. Yet neither prevailing judicial doctrine nor normative academic discourse has had much impact on the Court’s actual “search” interpretations. This article suggests that this static between “paper” rules and “real” rules (and, more generally, normative prescriptions and judicial decisionmaking) is a function of a deep constraint on the judiciary’s capacity to form “search” doctrine in free accordance with evolving juridical and policy norms. This constraint ...


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