In commercial contracting, bargaining parties regularly allocate risk in various ways, including contractual limitations of liability. However, it can be difficult to appropriately apportion responsibility for high-risk contingencies such as data breach. A seller may be unwilling to accept uncapped liability for a contingency whose cost could exceed the expected value of the transaction. Conversely, a buyer may be unwilling to live with only a general damages cap established as a rough-and-re...| Washington and Lee University School of Law Scholarly Commons
Recent social justice movements—such as #MeToo and Black Lives Matter—have pushed mainstream American society to reckon with the ubiquity and persistence of systemic sex-based and racial inequities. At the heart of the firestorm are Black women, whose identity at the intersection of sex and race often exposes them to pervasive, but also unique employment discrimination and sexual harassment. Jamillah Bowman Williams’s Beyond Sex-Plus: Acknowledging Black Women in Employment Law and Poli...| Washington and Lee University School of Law Scholarly Commons
This year, the 30th Annual Ira C. Rothgerber Conference brought together scholars, lawyers, and community leaders from all over the country to discuss one of the most salient issues today—the legacy of U.S. slavery. Centuries of systemic racism and discrimination following the brutal chattel slavery of African Americans has resulted in Black Americans disproportionately faring worse on virtually every economic and social measure today. Metrics along education, housing, health, environment, ...| Washington and Lee University School of Law Scholarly Commons
Off-label vaccination is not a widespread public health strategy. Structural responses are also necessary, like the American Academy of Pediatrics publishing its own vaccine schedule and filing a lawsuit against HHS challenging the legality of the Secretary’s decision to remove healthy children and pregnant people from the CDC immunization schedules. However, vaccinating children off-label is an ethically and legally supportable tool at a time when other tools are being removed from the too...| Washington and Lee University School of Law Scholarly Commons
Between 2013 and 2023, private-equity-sponsored investment funds spent one trillion dollars on healthcare acquisitions, targeting hospitals, physician practices, and specialty providers. This Note examines the growing role of private equity in the US healthcare system and its implications for cost, quality, and competition. ring struggling hospitals and medical practices much-needed capital and managerial expertise. In practice, however, prevalent private equity practices often create moral h...| Washington and Lee University School of Law Scholarly Commons
In today’s post-Dobbs world, states may freely define fetal “persons” and those fundamental rights afforded to them, but not without consequence. The Supreme Court of Alabama’s groundbreaking decision in LePage v. Center for Reproductive Medicine, P.C., holding that frozen embryos are “children” under the Wrongful Death of a Minor Act, led fertility clinics and services across the state to close. These in vitro fertilization (IVF) providers feared liability exposure because their ...| Washington and Lee University School of Law Scholarly Commons
Children and youth have been engaging extensively in climate action around the world. They have been doing this by protesting in the streets, talking with governments, and most recently by taking climate litigation against governments and companies. In this Article, these climate cases are considered from a children’s rights perspective. Using the Youth Climate Justice database, fifty cases are analyzed to consider two aspects of climate litigation—the children’s rights involved in the ...| Washington and Lee University School of Law Scholarly Commons
Children’s climate litigation has emerged as a powerful tool to address the climate crisis, with young plaintiffs around the world taking governments and corporations to court to demand climate action. This Article examines successful cases—those in which relief sought by the applicants was fully or partially granted—across five continents, providing an “around the world” perspective on the evolution and impact of youth-led climate litigation. Focusing on landmark cases in Australia...| Washington and Lee University School of Law Scholarly Commons
This essay describes the Atmospheric Trust Litigation (ATL) campaign, spearheaded by Our Children’s Trust, consisting of climate cases brought by youth premised on the public trust principle and, later, on express constitutional rights. The essay characterizes the cases as (1) accomplishing a “rights turn” in environmental law by invoking constitutional claims rather than statutory claims that previously marked almost all environmental litigation; (2) establishing a unified global frame...| Washington and Lee University School of Law Scholarly Commons
For decades, in the summertime, America has confined certain of its youth in what are essentially open-air heat camps. In city after city, camp-form is established through the enactment of warm-weather juvenile curfews which keep the youth at home or in state-sponsored centers during summer nights and, increasingly, during days as well. Local governments justify these curfews with general notions of “public safety,” including to protect the youth they confine. But the laws are not benevol...| Washington and Lee University School of Law Scholarly Commons
In Spring 2025, the Washington and Lee Law Review held its Lara D. Gass Symposium, Children and Constitutions in the Anthropocene Era. It consisted of a keynote address by Julia Olson, Co-Executive Director and Chief Legal Counsel of Our Children’s Trust, and three panels: “Children, Climate Change, and State Constitutions”; “The U.S. Constitutions and the Meaning of ‘We the [Young] People’”; and “Youth-Powered Litigation and Global Constitutionalism.” The heavily attended S...| Washington and Lee University School of Law Scholarly Commons
| Washington and Lee University School of Law Scholarly Commons
| Washington and Lee University School of Law Scholarly Commons
Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the harms that four-year-olds in the LGBT community – LGBT children and children with LGBT parents – would bear should state-funded religious schools be granted a license to discriminate against them. An exemption to the Colorado Universal Preschool Program’s equal opportunity requirement would allow plaintiffs to discriminate against these children ...| Washington and Lee University School of Law Scholarly Commons
Since the late 1970s, corporate governance law has incorporated a growing number of mandates that require corporate boards to explain to their shareholders the reasons behind their decision-making. These mandates do more than merely require boards to disclose certain decisions. They compel boards to publicly state why they have made a particular choice. Public reason-giving is a core democratic value that recognizes the accountability of a representative body to its constituents. It provides ...| Washington and Lee University School of Law Scholarly Commons
In The Violence of Law, Jens Meierhenrich—currently professor of international relations at the London School of Economics and Political Science—offers a detailed, erudite, and encyclopedic analysis of the gacaca system.| Washington and Lee University School of Law Scholarly Commons
Law privileges remedies such as incarceration and, in the case of the ICJ, satisfaction, restitution, and compensation. Diverse remedies, like divestment and shareholder activism, remain marginal. It is indeed refreshing to me that the protests roiling university campuses do not call for criminal prosecution, or ICJ denunciation, but rather for divestment and thereby open a conversation about wider causal elements. Law also privileges a reductionism--there is one blameworthy entity at fault, ...| Washington and Lee University School of Law Scholarly Commons
The Praga district of Warsaw has been experiencing a rebirth. This phoenix district, lying within the eastern central part of Warsaw, is experiencing a period of rapid growth and revitalization. Five years ago Praga was thought of as crime-ridden and impoverished, but the area’s low rents and large, historic spaces have started attracting creative types – web designers, artists, musicians and others. In June 2014, Praga landed a windfall when internet giant Google announced plans to build...| Washington and Lee University School of Law Scholarly Commons
Innovative College Teaching is intended for new or seasoned professors, lecturers, instructors, professors of practice, part-time (adjunct) professors, and graduate teaching assistants, as well as curious high school teachers. You will learn what makes the best teachers tick and read easy-to-replicate tips on taking your skills to the next level In Part II, "Innovative Master Teachers," the author interviewed over a dozen accomplished colleagues including a star adjunct professor for readers ...| Washington and Lee University School of Law Scholarly Commons
| Washington and Lee University School of Law Scholarly Commons
A collection of materials held at Washington and Lee University School of Law, in the Lewis F. Powell, Jr. Archives including a transcript and print copy of the famous "Powell Memorandum" of 1971, as well as correspondence between Lewis F. Powell, Jr., Eugene B. Sydnor, Jr., William J. Gill, Arch N. Booth, Ross L. Malone, K. A. Randall, and many more. Lewis Franklin Powell, Jr. (September 19, 1907 – August 25, 1998) was an Associate Justice of the Supreme Court of the United States.| scholarlycommons.law.wlu.edu