Doug Rendleman, Citation: Doug Rendleman, Commercial Bribery: Choice and Measurement Within a Remedies Smorgasbord, 74 Wash. & Lee L. Rev. 369 (2017).
Searching for the most suitable money remedy for a simple commercial bribe promptly lands a lawyer, judge, professor, student, or researcher in a remedial smorgasbord. De- emphasizing injunctions, commercial bribery offers a spectrum of monetary remedies. The plaintiff has two defendants, the briber and the bribee. He has two major remedies, damages and restitution. The […]
Adam J. Hirsch, Citation: Adam J. Hirsch, Testation and the Mind, 74 Wash. & Lee L. Rev. 285 (2017).
This Article explores the panoply of state-of-mind rules in inheritance law. In areas of law concerned with wrongdoing, consideration of mental states achieves specific deterrence and moral justice. By comparison, in the inheritance realm, I argue that consideration of mental states can serve to economize on decision costs. The Article looks at state-of-mind rules through […]
Cynthia Godsoe, Citation: Cynthia Godsoe, Recasting Vagueness: The Case of Teen Sex Statutes, 74 Wash. & Lee L. Rev. 173 (2017).
When two minors below the age of consent have sex, who is the victim and who is the offender? Statutory rape law makes consensual sex among minors illegal in almost every state. Where half of high school students have had intercourse, the law’s immense scope and inevitable underenforcement allow prosecutors to virtually define the crime […]
Stacy-Ann Elvy, Citation: Stacy-Ann Elvy, Hybrid Transactions and the INTERNET of Things: Goods, Services, or Software?, 74 Wash. & Lee L. Rev. 77 (2017).
The Internet of Things (IOT) has been described by the American Bar Association as one of the fastest emerging, potentially most transformative and disruptive technological developments in recent years. The security risks posed by the IOT are immense and Article 2 of the UCC should play a central role in determinations regarding liability for vulnerable […]
Patricia Sánchez Abril and Nicholas Greene, Citation: Patricia Sánchez Abril and Nicholas Greene, Contracting Correctness: A Rubric for Analyzing Morality Clauses, 74 Wash. & Lee L. Rev. 3 (2017).
Morality clauses give a contracting party the right to terminate if the other party behaves badly or embarrassingly. A curious product of twentieth-century Hollywood, these contract clauses have traditionally been used to control the antics of entertainers and athletes. The current politically-sensitive historical moment, combined with the internet’s ability to broadcast widely and permanently, has […]
Student Notes Colloquium
Jonathan Shapiro, Citation: Jonathan Shapiro, Waivering About the Dirty Business of Plea Bargains—A Comment, 74 Wash. & Lee L. Rev. 607 (2017).
Leanna C. Minix, Citation: Leanna C. Minix, Examining Rule 11(b)(1)(N) Error: Guilty Pleas, Appellate Waiver, and Dominguez Benitez, 74 Wash. & Lee L. Rev. 551 (2017).
Joshua A.T. Fairfield, Citation: Joshua A.T. Fairfield, Appetite for Destruction: Symbolic and Structural Facets of the Right to Destroy Digital Property, 74 Wash. & Lee L. Rev. 539 (2017).
Aaron Perzanowski, Citation: Aaron Perzanowski, You Buy It, You Break It: A Comment on Dispersing the Cloud, 74 Wash. & Lee L. Rev. 527 (2017).
Daniel Martin, Citation: Daniel Martin, Dispersing the Cloud: Reaffirming the Right to Destroy in a New Era of Digital Property, 74 Wash. & Lee L. Rev. 467 (2017).