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 […]
Charlotte W. Rhodes, Citation: Charlotte W. Rhodes, Living in a Material World: Defining “Materiality” in the Municipal Bond Market and Rule 15c2–12, 72 Wash. & Lee L. Rev. 1989 (2015).
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).