Molly Jackman & Lauri Kanerva, Citation: Molly Jackman & Lauri Kanerva, Evolving the IRB: Building Robust Review for Industry Research, 72 Wash. & Lee L. Rev. Online 442 (2016).

Increasingly, companies are conducting research so that they can make informed decisions about what products to build and what features to change.These data-driven insights enable companies to make responsible decisions that will improve peoples’ experiences with their products. Importantly, companies must also be responsible in how they conduct research. Existing ethical guidelines for research do […]

Omar Tene & Jules Polonetsky, Citation: Omer Tene & Jules Polonetsky, Beyond IRBs: Ethical Guidelines for Data Research, 72 Wash. & Lee L. Rev. Online 458 (2016).

Camilla A. Hrdy & Ben Picozzi, Citation: Camilla A. Hrdy & Ben Picozzi, The AIA Is Not a Taking: A Response to Dolin & Manta, 72 Wash. & Lee L. Rev. Online 472 (2016).

Effy Vayena, Urs Gasser, Alexandra Wood, David R. O'Brien, Micah Altman, Citation: 72 Wash. & Lee L. Rev. Online 420 (2016)

Emerging large-scale data sources hold tremendous potential for new scientific research into human biology, behaviors, and relationships. At the same time, big data research presents privacy and ethical challenges that the current regulatory framework is ill-suited to address. In light of the immense value of large-scale research data, the central question moving forward is not […]

Dennis D. Hirsch, Jonathan H. King, Citation: 72 Wash. & Lee L. Rev. Online 406 (2016)

Today, organizations globally wrestle with how to extract valuable insights from diverse data sets without invading privacy, causing discrimination, harming their brand, or otherwise undermining the sustainability of their big data projects. Leaders in these organizations are thus asking: What management approach should businesses employ sustainably to achieve the tremendous benefits of big data analytics, […]

Craig Konnoth, Citation: Craig Konnoth, Classification Standards for Health Information: Ethical and Practical Approaches, 72 Wash. & Lee L. Rev. Online 395 (2016).

Secondary health information research requires vast quantities of data in order to make clinical and health delivery breakthroughs. Restrictive policies that limit the use of such information threaten to stymie this research. While the Notice of Proposed Rulemaking (NPRM) for the new Common Rule permits patients to provide broad consent for the use of their […]

Lieke Jetten & Stephen Sharon, Citation: Lieke Jetten & Stephen Sharon, Selected Issues Concerning the Ethical Use of Big Data Health Analytics, 72 Wash. & Lee L. Rev. Online 486 (2016).

Paul J. Larkin Jr., John-Michael Seibler, Citation: 72 Wash. & Lee L. Rev. Online 376 (2016)

Carl Tobias, Citation: Carl Tobias, Electing Justice Roush to the Supreme Court of Virginia, 72 Wash. & Lee L. Rev. Online 360 (2015).

In late April 2015, the Supreme Court of Virginia announced that Justice LeRoy F. Millette, Jr. would retire on July 31, 2015. Democratic Governor Terry McAuliffe expeditiously created an open process for tapping a worthy successor. At July’s conclusion, the Governor appointed Fairfax County Circuit Judge Jane Marum Roush, an experienced, consensus jurist. On a […]

Stephen Y. Chow, Citation: Stephen Y. Chow, DTSA: A Federal Tort of Unfair Competition in Aerial Reconnaissance, Broken Deals, and Employment, 72 Wash. & Lee L. Rev. Online 341 (2015).

This Essay critiques the creation by the 114th Congress of a federal private right of action under the Defend Trade Secrets Act for the state unfair competition cause of trade secret misappropriation hitherto applied mostly to breaches of express or implied confidential relationships between businesses or with employees. The proposed insertion of the Uniform Trade […]

David S. Levine, Citation: 72 Wash. & Lee L. Rev. Online 323 (2015)

Sharon K. Sandeen, Citation: 72 Wash. & Lee L. Rev. Online 308 (2015)

Civil litigation is expensive, both for the party bringing suit and the party that must defend against such claims. For a variety of reasons, not the least of which are the usual requests for preliminary relief and protective orders, trade secret litigation is particularly expensive. These costs can have a crippling effect on small businesses and start-up companies that are […]

Eric Goldman, Citation: 72 Wash. & Lee L. Rev. Online 284 (2015)

Congress is considering the Defend Trade Secrets Act, which would create a new federal trade secret civil cause of action. The Act includes a quirky and unprecedented ex parte procedure for trade secret owners to obtain a seizure order. The seizure provision applies in, at best, a narrow set of circumstances, and it oddly attempts to protect intangible trade secrets […]

Christopher B. Seaman, Citation: 72 Wash. & Lee L. Rev. Online 278 (2015)

Ryan H. Nelson, Citation: Ryan H. Nelson, Sexual Orientation Discrimination Under Title VII After Baldwin v. Foxx, 72 Wash. & Lee L. Rev. Online 255 (2015).

The Equal Employment Opportunity Commission in Baldwin v. Foxx opined—for the first time—that employment discrimination based on sexual orientation violates Title VII of the Civil Rights Act of 1964. This Article tackles the two administrative law questions that Baldwin poses: what level of deference should a court afford Baldwin, and should such deference force that […]

David H. Kaye, Citation: David H. Kaye, Ultracrepidarianism in Forensic Science: The Hair Evidence Debacle, 72 Wash. & Lee L. Rev. Online 227 (2015).

For over 130 years, scientific sleuths have inspected hairs under microscopes. Late in 2012, the FBI, the Innocence Project, and the National Association of Criminal Defense Lawyers joined forces to review thousands of microscopic hair comparisons performed by FBI examiners over several of those decades. The results have been astounding. Based on the first few […]

Marc Edelman, Citation: Marc Edelman, In Defense of Sports Antitrust Law: A Response to Law Review Articles Calling for the Administrative Regulation of Commercial Sports, 72 Wash. & Lee L. Rev. Online 210 (2015).

In recent years, two law review articles have proposed that the United States regulate commercial sports through a direct federal commission, rather than through traditional antitrust remedies. Nevertheless, the practical realities of commercial sports’ power to influence government policy offset the many theoretical advantages to creating a specialized regulatory body to oversee commercial sports. The […]

Geoffrey Rapp, Citation: Geoffrey Rapp, Is it Time to Give Up on Antitrust Law for Pro Sports?, 72 Wash. & Lee L. Rev. Online 203 (2015).

Professor Nathaniel Grow has produced a creative, thoroughly researched piece arguing that antitrust has failed in the context of professional sports and calling for the creation of a national-level federal regulatory agency to address anticompetitive conduct by the major leagues. I respond to his diagnosis of antitrust’s failings and to his prescription.

Darien Shanske, Citation: Darien Shanske, Local Government Finance as Integrated System: The Uneasy Case for Using Special Districts in Real Estate Finance (A Response to Odinet’s Super-Liens to the Rescue? A Case Against Special Districts in Real Estate Finance), 72 Wash. & Lee L. Rev. Online 191 (2015).

Local governments have long used special financing districts to build infrastructure. If a local project, say building a pocket park, is likely to increase the values of properties very close to the park, then why should those properties not pay for the park in the first place? Though efficient and fair in many cases, the […]

Peter W. Salsich, Jr., Citation: Peter W. Salsich Jr., Response to Christopher Odinet, Super- Liens to the Rescue? A Case Against Special Districts in Real Estate Finance, 72 Wash. & Lee L. Rev. Online 181 (2015).

Boris Bindman, Citation: Boris Bindman, Keep on Truckin', Uber: Using the Dormant Commerce Clause to Challenge Regulatory Roadblocks to TNCs, 72 Wash. & Lee L. Rev. Online 136 (2015).

We are witnessing a revolution in the way we get around, if only we glance up from our phones. “Techies” and suit-clad professionals alike use their phones to request rides from tuxedo-attired professional chauffeurs in luxury vehicles, as well as from part-time nonprofessionals using their “daily-driver” to make some extra cash. It is indisputable that […]

Dale A. Whitman, Citation: Dale A. Whitman, Preventing Creditor Abuse of Deficiency Judgements: Some Good (and Not-so-Good) Approaches, 72 Wash. & Lee L. Rev. Online 89 (2015).

Victor Williams, Citation: Victor Williams, Raze the Debt Ceiling: A Test Case for State-Sovereign and Institutional Bondholder Litigation to Void the Debt Limit Statute, 72 Wash. & Lee L. Rev. Online 96 (2015).

In March 2015, the debt ceiling was hit again and sovereign default loomed. Refusing to timely raise the debt ceiling, congressional ideologues have four times pushed our nation to the brink of a catastrophic debt default in as many years. Our struggling economy is again threatened, financial institutions are again spending millions planning for default, […]

Frederic L. Kirgis, Citation: 72 Wash. & Lee L. Rev. Online 71 (2015)

In a federal system with state lines that are easily crossed, physically and electronically, legal disputes often raise choice-of- law issues. Common among those disputes are torts and contracts cases. The courts have taken a variety of approaches to these cases, leading to inconsistent results that depend largely on which forum the plaintiff selects. Judicial […]

John P. Gross, Citation: John P. Gross, Representation by Counsel or Access to Defense Resources: Utah’s Single Source Approach to Indigent Defense, 72 Wash. & Lee L. Rev. Online 51 (2015).

The State of Utah has a unique way of providing representation in criminal cases to defendants who are too poor to hire an attorney. In Utah, there is no statewide funding or supervision of indigent defense. Each county, city, or town is responsible for creating and funding their own indigent defense delivery system. Utah is […]

J. Zachary Balasko, Citation: J. Zachary Balasko, A Return to Reasonability: Modifying the Collateral Source Rule in Light of Artificially Inflated Damage Awards, 72 Wash. & Lee L. Rev. Online 16 (2015)

David Westin, Citation: David Westin, Citizen Lewis Powell, 72 Wash. & Lee L. Rev. Online 1 (2015)

This speech was given at the 2015 Lewis F. Powell Lecture on April 1, 2015 in the Millhiser Moot Court Room at Washington and Lee University.