W. Mark C. Weidemaier, Citation: W. Mark C. Weidemaier, Customized Procedure in Theory and Reality, 72 Wash. & Lee L. Rev. 1865 (2015).
Contract theory has long posited that parties can maximize contract value by manipulating the procedural rules that will apply if there is a dispute. Beyond choosing a litigation or arbitration forum, parties can allocate costs and fees, alter pleading standards, adjust evidentiary and discovery rules, and customize nearly every aspect of the adjudication process. In […]
Gwynne Skinner, Citation: Gwynne Skinner, Rethinking Limited Liability of Parent Corporations for Foreign Subsidiaries’ Violations of International Human Rights Law, 72 Wash. & Lee L. Rev. 1769 (2015).
The doctrine of limited liability of shareholders often prevents victims harmed by a corporation’s foreign subsidiary’s violation of international human rights norms from obtaining a remedy when that subsidiary operates in a country that has a weak or ineffective judicial system. This is because victims are often unable to obtain a remedy in these countries, […]
Margaret Hu, Citation: Margaret Hu, Taxonomy of the Snowden Disclosures, 72 Wash. & Lee L. Rev. 1679 (2015).
This brief Essay offers a proposed taxonomy of the Snowden Disclosures. An informed discussion on the legality and constitutionality of the emerging cybersurveillance and mass dataveillance programs revealed by former NSA contractor Edward Snowden necessitates the furtherance of cybersurveillance aptitude. This Essay contends, therefore, that a detailed examination of the Snowden disclosures requires not just […]
Tamar R. Birckhead, Citation: Tamar R. Birckhead, The New Peonage, 72 Wash. & Lee L. Rev. 1595 (2015).
Although the Thirteenth Amendment to the Constitution formally abolished slavery and involuntary servitude in 1865, the text created an exception for the punishment of crimes “whereof the party shall have been duly convicted.” Two years later, Congress passed The Anti-Peonage Act in an attempt to prohibit the practice of coerced labor for debt. Yet, in […]
Steven I. Friedland, Citation: Steven I. Friedland, I Spy: The New Self-Cybersurveillance and the "Internet of Things", 72 Wash. & Lee L. Rev. 1459 (2015).
Prior to the digital age, surveillance generally meant a government agent or private investigator engaged in a stakeout or observation detail that involved physical work, expense, and time. The digital age changed surveillance fundamentally. Today, we not only generate mountains of data for others, we also effectively surveil ourselves through digitally-connected, multifunctional smart devices, collectively […]
Geoffrey S. Corn, Citation: Geoffrey S. Corn, Averting the Inherent Dangers of "Going Dark": Why Congress Must Require a Locked Front Door to Encrypted Data, 72 Wash. & Lee L. Rev. 1433 (2015).
Chris Jenks, Citation: Chris Jenks, State Labs of Federalism and Law Enforcement "Drone" Use, 72 Wash. & Lee L. Rev. 1389 (2015).
Woodrow Hartzog & Evan Selinger, Citation: Woodrow Hartzog & Evan Selinger, Surveillance as Loss of Obscurity, 72 Wash. & Lee L. Rev. 1343 (2015).
Bart Forsyth, Citation: Bart Forsyth, Banning Bulk: Passage of the USA FREEDOM Act and Ending Bulk Collection, 72 Wash. & Lee L. Rev. 1307 (2015).
Peter Marguiles, Citation: Peter Margulies, Defining "Foreign Affairs" in Section 702 of the FISA Amendments Act: The Virtues and Deficits of Post-Snowden Dialogue on U.S. Surveillance Policy, 72 Wash. & Lee L. Rev. 1283 (2015).
Danielle Keats Citron, Citation: Danielle Keats Citron, Spying Inc., 72 Wash. & Lee L. Rev. 1243 (2015).
The latest spying craze is the “stalking app.” Once installed on someone’s cell phone, the stalking app can provide continuous access to the phone owner’s calls, texts, snapchats, photos, calendar updates, and movements. Stalking apps destroy the privacy and confidentiality of cell phone activities. Domestic abusers and stalkers frequently turn to stalking apps because they […]
Russell L. Weaver, Citation: Russell L. Weaver, Cybersurveillance in a Free Society, 72 Wash. & Lee L. Rev. 1207 (2015).
David Gray, Citation: David Gray, Dangerous Dicta, 72 Wash. & Lee L. Rev. 1181 (2015).
Stephen I. Vladeck, Citation: Stephen I. Vladeck, The FISA Court and Article III, 72 Wash. & Lee L. Rev. 1161 (2015).
Gregory S. McNeal, Citation: Gregory S. McNeal, Government-Operated Drones and Data Retention, 72 Wash. & Lee L. Rev. 1139 (2015).
Alan M. Weinberger, Citation: 72 Wash. & Lee L. Rev. 829 (2015)
While achieving success as a major league catcher, Mike Matheny was preparing for a post-baseball career in real estate development. He could not have picked a worse time to pursue his aspiration. Matheny lost his accumulated savings and his family’s home after being held personally liable for a $4.2 million deficiency judgment following foreclosure of […]
William K. Sjostrom, Jr, Citation: 72 Wash. & Lee L. Rev. 795 (2015)
Christopher K. Odinet, Citation: 72 Wash. & Lee L. Rev. 707 (2015)
Herbert Hovenkamp, Citation: 72 Wash. & Lee L. Rev. 653 (2015)
Nathaniel Grow, Citation: 72 Wash. & Lee L. Rev. 573 (2015)
Four monopoly sports leagues currently dominate the U.S. professional sports industry. Although federal antitrust law—the primary source of regulation governing the industry—would normally be expected to provide a significant check on anticompetitive, monopolistic behavior, it has failed to effectively govern the leagues due to both their well-entrenched monopoly status and the unique level of coordination […]
Mathilde Cohen, Citation: 72 Wash. & Lee L. Rev. 483 (2015)
Influential theories of law have celebrated judicial reason-giving as furthering a host of democratic values, including judges’ accountability, citizens’ participation in djudication, and a more accurate and transparent decision-making process. This Article has two main purposes. First, it argues that although reason-giving is important, it is often in tension with other values of the judicial […]
Jay A. Soled & Mitchell M. Gans, Citation: 72 Wash. & Lee L. Rev. 257 (2015)
For the vast majority of the twentieth century, trusts served two pivotal roles. The first was as a vehicle to help mitigate federal and state estate tax burdens, the rates of which could be quite significant. The second was to assist in asset preservation, safeguarding trust beneficiaries from their profligacy, former spouses, creditors, and the […]
David S. Rubenstein, Citation: 72 Wash. & Lee L. Rev. 171 (2015)
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 […]
Margo Kaplan, Citation: 72 Wash. & Lee L. Rev. 75 (2015)
This Article pushes lawmakers, courts, and scholars to reexamine the concept of pedophilia in favor of a more thoughtful and coherent approach. Legal scholarship lacks a thorough and reasoned analysis of pedophilia. Its failure to carefully consider how the law should conceptualize sexual attraction to children undermines efforts to address the myriad of criminal, public […]
Russell L. Christopher, Citation: 72 Wash. & Lee L. Rev. 3 (2015)
Are decades-long delays between sentencing and execution immune from Eighth Amendment violation because they are self-inflicted by prisoners, or is such prisoner fault for delays simply irrelevant to whether a state-imposed punishment is cruel and unusual? Typically finding delay to be the state’s responsibility, Justices Breyer and Stevens argue that execution following upwards of forty […]
Jack M. Beermann, Citation: 70 Wash. & Lee L. Rev. 3 (2013).
Unfunded employee pension obligations will present a serious fiscal problem to state and local governments in the not-toodistant future. This Article takes a look at the causes and potential cures for the public pension mess, mainly through the lens of legal doctrines that limit public employers’ ability to avoid obligations. As far as the causes […]
Stacey A. Tovino, Citation: 71 Wash. & Lee L. Rev. 2431 (2014)
In its broadest sense, this Article examines the complex relationship between population booms, doctor shortages, and United States government financing of graduate medical education (GME). More specifically, this Article argues that current rules governing the calculation of Medicare payments to teaching hospitals for the costs of GME are based on cost, population, and other data […]
Joni Hersch & Blair Druhan Bullock, Citation: 71 Wash. & Lee L. Rev. 2365 (2014)
Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class were treated differently than other employees or applicants. It […]
Marc Edelman, Citation: 71 Wash. & Lee L. Rev. 2319 (2014)
The O’Bannon decision is an important step forward for both college-athletes’ rights and sports law jurisprudence because it recognizes that NCAA rules limiting college-athlete pay may violate section 1 of the Sherman Antitrust Act. Nevertheless, the ruling’s impact is tempered by the iconoclastic nature of the court’s injunction, which limits the immediate potential for college-athlete compensation beyond a nominal amount. At […]
Abraham J.B. Cable, Citation: 71 Wash. & Lee L. Rev. 2253 (2014)
Currently, regulations try to limit unregistered sales of stock (private placements) to the “smart money,” either by informing investors through disclosure or excluding unsophisticated investors from the market. In theory, these smart-money approaches promote the dual goals of capital formation and investor protection. But in practice, regulators have struggled to craft effective disclosure or screening mechanisms. In light of these failures, this […]
Dustin B. Benham, Citation: 71 Wash. & Lee L. Rev. 2181 (2014)
Courts around the country enter pretrial confidentiality orders every day. Commentators and courts have long debated the impact of court confidentiality on public safety. This debate often centers on whether public harms flow from court orders that limit the audience for discovery information that those same courts order parties to produce. But an underexplored aspect of pretrial confidentiality is the cost […]
Paul V. Niemeyer, Citation: 71 Wash. & Lee L. Rev. 2157 (2014)
Presentation given at the 2014 Washington and Lee School of Law Lewis F. Powell, Jr. Distinguished Lecture Series by Judge Paul V. Niemeyer.
Wayne McCormack, Citation: 71 Wash. & Lee L. Rev. 305 (2014)
Jennifer L. Commander, Citation: Jennifer L. Commander, The Player, the Video Game, and the Tattoo Artist: Who Has the Most Skin in the Game?, 72 Wash. & Lee L. Rev. 1947 (2015).
Brooke A. Weedon, Citation: Brooke A. Weedon, New Limits on General Personal Jurisdiction: Examining the Retroactive Application of Daimler in Long-Pending Cases, 72 Wash. & Lee L. Rev. 1549 (2015).
Alyson M. Cox, Citation: Alyson M. Cox, Does It Stay, or Does It Go?: Application of the Good-Faith Exception When the Warrant Relied Upon Is Fruit of the Poisonous Tree, 72 Wash. & Lee L. Rev. 1505 (2015).
Katherine C. Skilling, Citation: 72 Wash. & Lee L. Rev. 1077 (2015)
Katherine L. Moss, Citation: 72 Wash. & Lee L. Rev. 1033 (2015)
Alexander D. Flachsbart, Citation: Alexander D. Flachsbart, 72 Wash. & Lee L. Rev. 955 (2015)
Michael Evans, Citation: 72 Wash. & Lee L. Rev. 901 (2015)
Krystal Brunner Swendsboe, Citation: 71 Wash. & Lee L. Rev. 2659 (2014)
Daniel R. Nappier, Citation: 71 Wash. & Lee L. Rev. 2609 (2014)
Krista Consiglio, Citation: 71 Wash. & Lee L. Rev. 2557 (2014)
Amanda L. Cecil, Citation: 71 Wash. & Lee L. Rev. 2513 (2014)
Student Notes Colloquium
Matthew Engle, Citation: Matthew Engle, The Prior Convictions Exception—A Comment, 72 Wash. & Lee L. Rev. 473 (2015).
Kevin Flynn, Citation: Kevin Flynn, Comment on The Prior Convictions Exception: Examining the Continuing Viability of Almendarez-Torres Under Alleyne, 72 Wash. & Lee L. Rev. 467 (2015).
Christopher B. Seaman, Citation: Christopher B. Seaman, Comment on “Groove is in the Hart”: A Workable Solution for Applying the Right of Publicity to Video Games, 72 Wash. & Lee L. Rev. 399 (2015).
Jordan M. Blanke, Citation: Jordan M. Blanke, Frank Miller’s Sin City College Football: A Game to Die For And Other Lessons About the Right of Publicity and Video Games, 72 Wash. & Lee L. Rev. 379 (2015).
The challenge of finding a workable solution for applying the right of publicity is a formidable one because it implicates not only a delicate balance between First Amendment rights and the rights of publicity, but also the complications of varying state laws. The best of the tests developed by the courts so far—the transformative use […]
Meg E. Sawyer, Citation: 72 Wash. & Lee L. Rev. 409 (2015)
R. Garrett Rice, Citation: 72 Wash. & Lee L. Rev. 317 (2015)