WASHINGTON AND LEE LAW REVIEW
Volume 77, Issue 2
eBay, Permanent Injunctions, and Trade Secrets
Elizabeth A. Rowe
This Article presents the first qualitative empirical review of permanent injunctions in trade secret cases. In addition, it explores the extent to which the Supreme Court’s patent decision in eBay v. MercExchange has influenced the analysis of equitable principles in federal trade secret litigation. Among the more notable findings are that while equitable principles are generally applied […]
To Protect Freedom of Expression, Why Not Steal Victory from the Jaws of Defeat?
Evelyn Mary Aswad
Global social media platforms are grappling with whether to align their corporate speech codes with international human rights law.
Taxation of Electronic Gaming
Bryan T. Camp
At a doctrinal level, the subject of this Article is timely. During this time of the coronavirus pandemic, casinos have been closed and large populations have been subject to stay-home orders from local and state authorities. One can reasonably expect a large increase in electronic gaming and thus an increased need for proper consideration of […]
Extraterritorial Rights in Border Enforcement
Fatma E. Marouf
Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United States, or who are treated for […]
Inadequate Protection: Examining the Due Process Rights of Individuals in Child Abuse and Neglect Registries
Amanda S. Sen, Stephanie K. Glaberson, and Aubrey Rose
This Article seeks to advance due process protections for people included in state child abuse and neglect registries. Between states, there are differences in the types of cases included in the state registry and the process required to be placed on or removed from the registry. To obtain judicial due process review, a plaintiff must […]
Not Commodities: Proposing a More Protective Interpretation of the Child Sex Trafficking Statute for Victims and Defendants
This Note addresses how courts should interpret the “reasonable opportunity to observe” standard when assessing evidence.
Limited Privacy in “Pings:” Why Law Enforcement’s Use of Cell-Site Simulators Does Not Categorically Violate the Fourth Amendment
Lara M. McMahon
This Note proposes four factors courts should consider when asked to determine whether law enforcement’s use of a cell-site simulator constituted a Fourth Amendment search.