Washington & Lee Law School
  Current Law Journal Content
                  an index to legal periodicals
 

  1
Syracuse Law Review
  Volume 60, Number 1, 2009 
  • DISENTANGLING THE RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL
  • A STEP TOO FAR: PYETT AND THE COMPELLED ARBITRATION OF STATUTORY CLAIMS UNDER UNION- CONTROLLED LABOR CONTRACT PROCEDURES
  • CONTRADICTIONS, EXPLANATIONS, AND THE PROBABLE CAUSE DETERMINATION AT A FOREIGN EXTRADITION HEARING
  • FUTURE OF DISABILITY RIGHTS: PART THREE STATUTES OF LIMITATIONS IN AMERICANS WITH DISABILITIES ACT "DESIGN AND CONSTRUCTION CASES"
  • PROSECUTORIAL REGULATION OF OFF-LABEL PROMOTION: SIDESTEPPING THE COURTS AND CONGRESS TO LEVY A TAX ON SUSPECT "BIG PHARMA" MARKETING
  • BREAKING WIND, FIXING WIND: FACILITATING WIND ENERGY DEVELOPMENT IN NEW YORK STATE

  •   2
    Thurgood Marshall Law Review
      Volume 35, Number 1, Fall 2009 
  • FOREWORD: PRESIDENT BARACK OBAMA LAW & POLICY SYMPOSIUM
  • AMERICAN ROUSSEAU: BARACK OBAMA AND THE SOCIAL CONTRACT
  • WHY PUNISHED FOR SPEAKING PRESIDENT OBAMA'S NAME WITHIN THE SCHOOLHOUSE GATES? AND CAN EDUCATORS CONSTITUTIONALLY TRUTH-EN MARKETPLACE OF IDEAS ABOUT BLACKS
  • REVERSING THE UNITED STATES POLICY ON HUMAN EMBRYONIC STEM CELL RESEARCH: A CASE OF SCIENCE, LAW AND POLICY, OR JUST PLAIN POLITICS
  • RACE-CONSCIENCE EQUALITY CONFRONTS AMERICA, PRESIDENT OBAMA, JUSTICE SOTOMAYOR, PROFESSOR GATES, AND SERGEANT CROWLEY

  •   3
    U.C. Davis Business Law Journal
      Volume 10, Number 1, Fall 2009 
  • MEASURING INSIDER TRADING DAMAGES FOR A PRIVATE PLAINTIFF
  • APPLYING COMMUNAL THEORIES TO URBAN PROPERTY: AN ANTHROPOLOGICAL LOOK AT USING THE ELABORATION OF COMMON PROPERTY REGIMES TO REDUCE SOCIAL EXCLUSION FROM HOUSING MARKETS
  • WITH AVARICE AFORETHOUGHT: INSIDER TRADING AND 10b5-1 PLANS
  • DO CALIFORNIA'S LAW ON COMMERCIAL FUNDRAISING VIOLATE THE FIRST AMENDMENT?
  • A PRACTICAL EVALUATION OF THE PEOPLE'S REPUBLIC OF CHINA'S 2007 ENTERPRISE BANKRUPTCY LAW

  •   4
    University of Pittsburgh Law Review
      Volume 71, Issue 1, Fall 2009 
  • DIALOGUE WITH A NEUROSURGEON: TOWARD A DÉPEÇAGE APPROACH TO ACHIEVE TORT REFORM AND PRESERVE CORRECTIVE JUSTICE IN MEDICAL MALPRACTICE CASES
  • CONSCIOUS AMBIGUITY: SLAYING CERBERUS IN THE INTERPRETATION OF CONTRACTUAL INCONSISTENCIES
  • EDUCATING SPECIAL EDUCATION STUDENTS WHO HAVE ONLY ATTENDED PRIVATE SCHOOLS: AFTER TOM F., WHO IS LEFT WITH THE BILL?
  • BONG HiTS 4 JESUS: STUDENT SPEECH AND THE "EDUCATIONAL MISSION" ARGUMENT AFTER MORSE v. FREDERICK
  • HAVE WE FORGOTTEN K-12? THE NEED FOR PUNITIVE DAMAGES TO IMPROVE TITLE IX ENFORCEMENT

  •   5
    Journal on Telecommunications & High Technology Law
      Volume 8, Number 1, Winter 2010 
  • THE DIGITAL BROADBAND MIGRATION AND THE FEDERAL TRADE COMMISSION: BUILDING THE COMPETITION AND CONSUMER PROTECTION AGENCY OF THE FUTURE
  • GLIMMERS AND SIGNS OF INNOVATIVE HEALTH IN THE COMMERCIAL INTERNET
  • INNOVATIONS IN THE INTERNET'S ARCHITECTURE THAT CHALLENGE THE STATUS QUO
  • THE SHAKY FOUNDATIONS OF THE REGULATED INTERNET
  • BEYOND TRADEMARK USE
  • WIKIPEDIA'S LABOR SQUEEZE AND ITS CONSEQUENCES
  • ARE YOUR BITS WORN OUT? THE DMCA, REPLACEMENT PARTS, AND FORCED REPEAT SOFTWARE PURCHASES
  • TEXT MESSAGE PRICE GOUGING: A PERFECT STORM OF TACIT COLLUSION
  • TICKET SNIPING

  •   6
    Kentucky Law Journal
      Volume 98, Number 2, 2009-2010 
  • DRUG LAW REFORM—RETREATING FROM AN INCARCERATION ADDICTION
  • THE UNDISCOVERED COUNTRY: EXECUTION COMPETENCY & COMPREHENDING DEATH
  • DEFERRING INEFFECTIVENESS CLAIMS TO COLLATERAL REVIEW: ENSURING EQUAL ACCESS AND A RIGHT TO APPOINTED COUNSEL
  • WHEN IS AN EQUITY PARTICIPANT ACTUALLY A CREDITOR? THE EFFECTS OF IN RE AFI HOLDING ON PONZI SCHEME VICTIMS AND THE GOOD FAITH DEFENSE
  • JUROR INCOMPREHENSION: ADVOCATING FOR A HOLISTIC REFORM OF JURY INSTRUCTIONS
  • COWHO? KENTUCKY'S NEED TO STATUTORILY DEFINE PROPERTY INTERESTS IN GEOLOGICALLY SEQUESTERED CARBON DIOXIDE

  •   7
    Seattle University Law Review
      Volume 33, Number 2, Winter 2010 
  • Electrified Law: A Brief Introduction to the Workshop on the Future of the Legal Course Book
  • Effective Oral Argument: Six Pitches, Five Do's, and Five Don'ts from One Judge and Two Lawyers
  • Comity Versus Unitary Law: A Clash of Principles in Choice-of-Law Analysis for Class Certification Proceedings in Multidistrict Litigation
  • Minimalism and Deliberative Democracy: A Closer Look at the Virtues of "Shallowness"
  • When Counsel Screws Up: The Imposition and Calculation of Attorney Fees as Sanctions
  • Making Live and Letting Die: The Biopolitical Effect of Navajo Nation v. U.S. Forest Service
  • Expanding the Crime of Genocide to Include Ethnic Cleansing: A Return to Established Principles in Light of Contemporary Interpretations
  • New York's Amazon Tax Not Out of the Forest Yet: The Battle Over Affiliate Nexus

  •   8
    Journal of Legal Education
      Volume 59, Number 3, February 2010 
  • The Grammar Wars Come to Law School
  • Thirteen Ways of Looking at Buck v. Bell: Thoughts Occasioned by Paul Lombardo's Three Generations, No Imbeciles
  • Curriculum Design and Bar Passage: New York Law School's Experience
  • Elder Law Teaching and Scholarship: An Empirical Analysis of an Evolving Field
  • Reforming Indian Legal Education: Linking Research and Teaching
  • So You Want to be a Law Professor
  • Time Machine: Emma's Legal Education, 2025
  • The Pedagogy of the Old Case Method: A Tribute to "Bull" Warren
  • Law's Allure: How Law Shapes, Constrains, Saves, and Kills Politics—Gordon Silverstein
  • For the Common Good: Principles of American Academic Freedom—Matthew W. Finkin and Robert C. Post

  •   9
    Fordham Intellectual Property, Media & Entertainment Law Journal
      Volume 20, Number 1, Autumn 2009 
  • FOREWORD
  • THE COACHING CAROUSEL IN BIG-TIME INTERCOLLEGIATE ATHLETICS: ECONOMIC IMPLICATIONS AND LEGAL CONSIDERATIONS
  • WHO OWNS BRATZ? THE INTEGRATION OF COPYRIGHT AND EMPLOYMENT LAW
  • "I'M A POLITICIAN, BUT I DON'T PLAY ONE ON TV": APPLYING THE "EQUAL TIME" RULE (EQUALLY) TO ACTORS-TURNED-CANDIDATES
  • DOES IT REALLY SUCK?: THE IMPACT OF CUTTING-EDGE MARKETING TACTICS ON INTERNET TRADEMARK LAW AND GRIPE SITE DOMAIN NAME DISPUTES
  • FROM MBUBE TO WIMOWEH: AFRICAN FOLK MUSIC IN DUAL SYSTEMS OF LAW
  • FIXING A HOLE: WILL GENERIC BIOLOGICS FIND A NICHE WITHIN THE HATCH-WAXMAN ACT?

  •   10
    International Tax Journal
      Volume 36, Number 1, January-February 2010 
  • Anti-Deferral and Anti-Tax Avoidance
  • International Tax Controversies
  • Transfer Pricing
  • Ireland
  • The U.S. Payer's Guide to Cross-Border Withholding and Reporting
  • Code Sec. 121 Tax Law Changes: Implications for International Assignees
  • Strategic Tax Planning Opportunities Using Service Companies— A Recent Update and Its Implications to Hong Kong Taxpayers and Foreign Investors
  • Commissionaire Agreements: Some Remarks in View of the Recent Italian Tax Authorities Challenges

  •   11
    Journal of Consumer & Commercial Law
      Volume 13, Number 2, Spring 2010 
  • One Size Fits All? An Analysis of the Civil, Criminal, and Regulatory Justifications for Punitive Damages
  • Arbitration of Securities Cases and The Arbitration Fairness Act of 2009
  • Annual Survey of Texas Insurance Law 2009

  •   12
    Mississippi Law Journal
      Volume 79, Number 1, Fall 2009 
  • FOREWORD
  • "A LONG STEP DOWN THE TOTALITARIAN PATH": JUSTICE DOUGLAS'S GREAT DISSENT IN TERRY V. OHIO
  • WARRANTS FOR WEARING A WIRE: FOURTH AMENDMENT PRIVACY AND JUSTICE HARLAN'S DISSENT IN UNITED STATES V. WHITE
  • KNOWING "CONSENT" MEANS "KNOWING CONSENT": THE UNDERAPPRECIATED WISDOM OF JUSTICE MARSHALL'S SCHNECKLOTH V. BUSTAMONTE DISSENT
  • REASONABLENESS AS A RULE: A PAEAN TO JUSTICE O'CONNOR'S DISSENT IN ATWATER V. CITY OF LAGO VISTA
  • BRANDEIS IN OLMSTEAD: "OUR GOVERNMENT IS THE POTENT, THE OMNIPRESENT TEACHER"
  • INTRODUCTION TO JAMES OTIS LECTURES
  • THE ROAD TO REASON: ARIZONA V. GANT AND THE SEARCH INCIDENT TO ARREST DOCTRINE
  • CONSTITUTIONAL LAW-SEARCHES AND SEIZURES BY SCHOOL OFFICIALS-FOURTH AMENDMENT GUARANTEES STUDENTS THE RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AT SCHOOL

  •   13
    San Diego Law Review
      Volume 46, Number 4, November-December 2009 
  • INTRODUCTION TO THE 2009 EDITORS' SYMPOSIUM: ISAIAH BERLIN, VALUE PLURALISM, AND THE LAW
  • ON THIS SIDE OF THE LAW AND ON THAT SIDE OF THE LAW
  • PLURALISM, LIBERALISM, AND DISTRIBUTIVE JUSTICE
  • WHAT VALUE PLURALISM MEANS FOR LEGAL-CONSTITUTIONAL ORDERS
  • VALUE PLURALISM AND THE TWO CONCEPTS OF RIGHTS
  • BERLIN'S METHODOLOGICAL PARSIMONY
  • THE PATH BETWEEN VALUE PLURALISM AND LIBERAL POLITICAL ORDER: QUESTIONING THE CONNECTION
  • NORMATIVE CONFLICT IN INTERNATIONAL LAW
  • THE PLURAL IMPLICATIONS OF VALUE PLURALISM: A COMMENT ON MAIMON SCHWARZSCHILD'S ON THIS SIDE OF THE LAW AND ON THAT SIDE OF THE LAW
  • VALUE PLURALISM DOES NOT SUPPORT LIBERALISM: A COMMENT ON WILLIAM A. GALSTON'S WHAT VALUE PLURALISM MEANS FOR LEGAL-CONSTITUTIONAL ORDERS
  • URBANIZATION, THE INTELLIGENTSIA, AND MEANING CHANGE: A COMMENT ON HORACIO SPECTOR'S VALUE PLURALISM AND THE TWO CONCEPTS OF RIGHTS

  •   14
    Chapman Law Review
      Volume 12, Number 3, Spring 2009 
  • A Different View of the Law: Habeas Corpus During the Lincoln and Bush Presidencies
  • A Comparative Historical Analysis of War Time Procedural Protections and Presidential Powers: From The Civil War To The War on Terror
  • International Law and Domestic Legitimacy: Remarks prepared for Lincoln's Constitutionalism in Time of War: Lessons for the Current War on Terror?
  • Lincoln and Habeas: Of Merryman and Milligan and McCardle
  • The Fed's Backroom Bailout Policy
  • The Unique Economic Policy Environment of Interwar and Postwar America
  • Lincoln's Populist Sovereignty: Public Finance Of, By, and For the People
  • Civil War Finance: Lessons for Today
  • Trading Civil Liberties for Apparent Security is a Bad Deal
  • Waterboarding and the Legacy of the Bybee-Yoo "Torture and Power" Memorandum: Reflections from a Temporary Yoo Colleague and Erstwhile Bush Administration Apologist
  • Constitutional Intelligence: Restoring Politics in the War on Terror
  • Justifying Wartime Limits on Civil Rights and Liberties
  • "The most awful problem that any nation ever undertook to solve": Reconstruction as a Crisis in Citizenship
  • Discretionary Sentencing in Military Commissions: Why and How the Sentencing Guidelines in the Military Commissions Act Should be Changed

  •   15
    Child Welfare
      Volume 88, Number 5, 2009 
  • Introduction: Achieving Positive Outcomes for Children and Families: Recruiting and Retaining a Competent Child Welfare Workforce
  • Realistic Job Previews in Child Welfare: State of Innovation and Practice
  • A Research-Based Child Welfare Employee Selection Protocol: Strengthening Retention of the Workforce
  • Recruiting and Retaining Child Welfare Workers: Is Preparing Social Work Students Enough for Sustained Commitment to the Field?
  • One State's Effort to Improve Recruitment, Retention, and Practice Through Multifaceted Clinical Supervision Interventions
  • Improving the Retention of Child Welfare Workers by Strengthening Skills and Increasing Support for Supervisors
  • The Influence of Supervisor Support, Peer Support, and Organizational Culture Among Early Career Social Workers in Child Welfare Services
  • Design Teams: A Promising Organizational Intervention for Improving Turnover Rates in the Child Welfare Workforce
  • Intervening in Multiple States: Findings from the Western Regional Recruitment Project
  • Predictors of Undesired Turnover for Child Welfare Workers
  • Retaining Workers Approaching Retirement: Why Child Welfare Needs to Pay Attention to the Aging Workforce

  •   16
    Columbia Journal of European Law
      Volume 16, Number 1, Winter 2009/2010 
  • THE POLITICAL ECONOMY OF CROSS-BORDER VOTING IN EUROPE
  • GERMANY'S LIFE PARTNERSHIPS: SEPARATE AND UNEQUAL?
  • THE FUTURE DIRECTION OF THE E.U. INTERNAL MARKET: ON VESTED VALUES AND FASHIONABLE MODERNISM
  • RELIGION AS A BASIS OF LAW IN THE PUBLIC ORDER OF THE EUROPEAN UNION
  • The Conflicts Between E.U. Collecting Societies & E.U. Competition Law
  • A Bulletproof Vest for the Commission? Assessing the C.F.I's Judgment in My Travel Group v. Commission
  • Case C-303/06, Coleman v. Attridge Law & Steve Law
  • The New European Legislative Framework for the Marketing of Goods

  •   17
    Comparative Labor Law & Policy Journal
      Volume 31, Number 2, Winter 2010 
  • The Spanish Law on Dependent Self-Employed Workers: A New Evolution in Labor Law
  • German Law on Dependent Self-Employed Workers: A Comparison to the Current Situation Under Spanish Law
  • A Canadian Perspective on the Scope of Employment Standards, Labor Rights, and Social Protection: The Good, the Bad, and the Ugly
  • The Need to Go Beyond the Contract: "Economic" and "Bureaucratic" Dependence in Personal Work Relations
  • Choice of Law and the Enforcement of Post-Employment Restraints in Australia
  • Choice of Law Provisions in Contractual Covenants Not to Compete: The German Approach
  • Transnational Dimension of Japanese Labor and Employment Laws: New Choice of Law Rules and Determination of Geographical Reach
  • The English Approach to Jurisdiction and Choice of Law in Employment Covenants Not to Compete
  • Choice of Law and Employee Restrictive Covenants: An American Perspective
  • Child Labour in a Globalized World: A Legal Analysis of ILO Action, edited by Giuseppe Nesi, Luca Nogler, and Marco Pertile
  • Global Unions: Challenging Transnational Capital through Cross-Border Campaigns, edited by Kate Bronfenbrenner
  • Economists and Societies: Discipline and Profession in the United States, Britain, & France, 1890s to 1990s, by Marion Fourcade

  •   18
    Denver University Law Review
      Volume 87, Issue 1, Fall 2009 
  • Against the Right to Bodily Integrity: Of Cyborgs and Human Rights
  • Rethinking "Insurance," Especially After AIG
  • He Speaks Not, Yet He Says Everything; What of That?: Text, Context, and Pretext in State v. Jeffrey Dahmer
  • Certification After Arizonans for Official English v. Arizona: A Survey of Federal Appellate Courts' Practices
  • Arizona v. Gant: Rethinking the Evidence-Gathering Justification for the Search Incident to Arrest Exception, and Testing a New Approach
  • Winter v. National Resources Defense Council: Enabling the Military's Ongoing Rollback of Environmental Legislation

  •   19
    Hastings International and Comparative Law Review
      Volume 33, Number 1, Winter 2010 
  • THE ENVIRONMENT AND TRADE AGREEMENTS: SHOULD THE WTO BECOME MORE ACTIVELY INVOLVED?
  • APPROACHING VISIBLE JUSTICE: PROCEDURAL SAFEGUARDS FOR MENTAL EXAMINATIONS IN CHINA'S CAPITAL CASES
  • THE LAW AT WAR: COUNTERINSURGENCY OPERATIONS AND THE USE OF INDIGENOUS LEGAL INSTITUTIONS
  • CONSTITUTIONALIZING COMMUNICATIONS: THE GERMAN CONSTITUTIONAL COURT'S JURISPRUDENCE OF COMMUNICATIONS FREEDOM
  • WAR OF WORDS OR A REGIONAL DISASTER? THE (IL)LEGALITY OF ISRAELI AND IRANIAN MILITARY OPTIONS
  • OPERATION 'DENUCLEUNIFICATION': A PROPOSAL FOR THE REUNIFICATION AND DENUCLEARIZATION OF THE KOREAN PENINSULA
  • DOLPHINS, WHALES, AND THE FUTURE OF THE INTERNATIONAL WHALING COMMISSION

  •   20
    Journal of Contemporary Health Law and Policy
      Volume 26, Issue 1, Fall 2009 
  • Incorporating Explicit Ethical Reasoning into Pandemic Influenza Policies
  • Healthy Food Outside: Farmers' Markets, Taco Trucks, and Sidewalk Fruit Vendors
  • Dying to be a Supermodel: Can Requiring a Healthy BMI Be Fashionable?
  • Asking Too Much: Autonomy and Responsibility at the End of Life
  • Not in my Makeup: The Need for Enhanced Premarket Regulatory Authority over Cosmetics in Light of Increased Usage of Engineered Nanoparticles
  • Defining Disabled: A Study of the ADA Amendments Act of 2008 in Eliminating the Consideration of Certain Mitigating Measures
  • The Immigration Oversight and Fairness Act: Ending the Violation and Abuse of Immigrant Health
  • Informed Consent Laws and the Constitution: Balancing State Interests with a Physician's First Amendment Rights and a Woman's Due Process Rights