Darrell A. H. Miller, Citation: 74 Wash. & Lee L. Rev. Online 438 (2018)
William Araiza’s insightful article, Arming the Second Amendment, has one essential, hidden component: dignity. Dignity helps explain the peculiar hydraulics of Congress’s power to enforce section five of the Fourteenth Amendment—a jurisprudence in which the less scrutiny the Court itself applies to a given class or right, the more scrutiny it applies to congressional efforts […]
Eve Hanan, Citation: 74 Wash. & Lee L. Rev. Online 420 (2018)
Stories abound of public defenders who, overwhelmed with high caseloads, allow defendants to languish in pre-trial detention and guilty pleas to be entered without examining the merits of the case. Most defendants cannot afford to hire an attorney, and, thus, have no choice other than to accept the public counsel appointed by the court. In […]
Thomas M. DiBiagio, Citation: 74 Wash. & Lee L. Rev. Online 256 (2018)
A fundamental principle of criminal law is that to hold a defendant accountable, the prosecution must prove that he culpably participated in the criminal activity. To prove culpable participation, the government can prove a defendant’s direct knowledge of and active participation in the criminal conduct. However, because of the nature of financial crimes and corporate […]
Wendy Gerwick Couture, Citation: 74 Wash. & Lee L. Rev. Online 234 (2018)
In Securities Regulation in Virtual Space, Eric. C. Chaffee explores the potential applicability of the securities laws to virtual transactions based on virtual activity and argues that, although many of these transactions likely qualify as “investment contracts” under S.E.C. v. W.J. Howey Co., they should be excluded under the context clause because, among other reasons, […]
Michael F. Dearington, Citation: 74 Wash. & Lee L. Rev. Online 204 (2017)
Last year, the United States Supreme Court decided a Hobbs Act conspiracy case that could significantly expand the bounds of the general federal conspiracy statute. In Ocasio v. United States, 136 S. Ct. 1423 (2016), the Court held that, under “age-old principles of conspiracy law,” a police officer could conspire with shop owners to extort […]
Matthew C. Donahue, Citation: 74 Wash. & Lee L. Rev. Online 146 (2017)
Spencer T. Wiles, Citation: 74 Wash. & Lee L. Rev. Online 103 (2017).
Carl Tobias, Citation: Carl Tobias, Nominate Judge Koh to the Ninth Circuit Again, 74 Wash. & Lee L. Rev. Online 64 (2017).
During February 2016, President Barack Obama nominated United States District Judge Lucy Haeran Koh to a “judicial emergency” vacancy on the United States Court of Appeals for the Ninth Circuit. She has capably served over multiple years in the Northern District of California competently deciding numerous high-profile lawsuits, specifically regarding intellectual property. Accordingly, the President’s […]
Elayne E. Greenberg, Citation: 74 Wash. & Lee L. Rev. Online 47 (2017)
The Online Journal requested that I evaluate Professor Strong’s empirical research, “Realizing Rationality: An Empirical Assessment of International Commercial Mediation,” reported in 23 Wash. & Lee. L. Rev. 1973 (2016). The purpose of Professor Strong’s research is to help “fill the informational gap” about international commercial mediation for the United Nations Commission on International Trade […]
Edward D. Cavanagh, Citation: Edward D. Cavanagh, Mandating Rule 11 Sanctions? Here We Go Again!, 74 Wash. & Lee L. Rev. Online 31 (2017)
The House of Representatives has passed H.R. 720, a bill that would amend Rule 11 of the Federal Rules of Civil Procedure by re‑instituting mandatory sanctions for Rule 11 violations and essentially restoring Rule 11 to its contents under the 1983 amendments to the Federal Rules of Civil Procedure. The legislation would mandate imposition of […]
Carl Tobias, Citation: 74 Wash. & Lee L. Rev. Online 9 (2017)
Now that President Donald Trump has commenced the fifth month of his administration, federal courts experience 121 circuit and district court vacancies. These statistics indicate that Mr. Trump has a valuable opportunity to approve more judges than any new President. The protracted open judgeships detrimentally affect people and businesses engaged in federal court litigation, because […]
Frederick E. Vars, Citation: 74 Wash. & Lee L. Rev. Online 1 (2017)
The Supreme Court recently heard the case of an Alabama death row inmate, James McWilliams. A thus far overlooked argument could save his life and help level the playing field in other capital cases. The Court in 1985 promised independent expertise. Now is its chance to make good on that promise.