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 […]
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)