Content Posted in 2025 | Washington and Lee University School of Law Scholarly Commons | Washington and Lee University School of Law Research

Content Posted in 2025 | Washington and Lee University School of Law Scholarly Commons | Washington and Lee University School of Law Research

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Content Posted in 2025

A Constitutional Mandate to Adopt AVs, Kevin Frazier

Aesthetics of Perpetration and Perpetrators in International Criminal Trials, Shannon Fyfe

Age—Not Sex or Gender—Makes the Case of Ellie Anderson Complex, Elizabeth Lanphier and Shannon Fyfe

Amalgam in the Americas: A Law School Curriculum for Free Markets and Open Borders, Mark A. Drumbl

Amicus Curiae Brief of Law Professor Suzette Malveaux in Support of Plaintiff’s Opposition to Defendant Ultragenyx’s Motion to Dismiss: Lacks v. Ultragenyx Pharamceutical, Inc., Suzette Malveaux

Amicus Curiae Brief of Law Professor Suzette Malveaux in Support of Plaintiff the Estate of Henrietta Lacks’s Opposition to Defendant’s Motion to Dismiss Second Amended Complaint: Estate of Henrietta Lacks v. Thermo Fisher Scientific, Inc., Suzette Malveaux

Appeals in the Ad Hoc International Criminal Tribunals: Structure, Procedure, and Recent Cases, Mark A. Drumbl and Kenneth S. Gallant

Artificial Fiduciaries, Zhaoyi Li

A Taxonomy of Silencing: The Law’s 100 Year Suppression of the Tulsa Race Massacre, Suzette Malveaux

Back to the Future: Revisiting State Constitutions to Protect Against New Technological Intrusions, Matthew Radford

Book Review, Global Environmental Change and International Governance (1996), Mark A. Drumbl

Book Review, Jordan J. Paust, Beyond the Law: The Bush Administration's Unlawful Responses in the 'War' on Terror (2007), Mark A. Drumbl

Booze, Bars, and Bias: Anti-Blackness in Liquor Licensing Enforcement, Angela E. Addae

Brief of Amici Curiae Corporate and Securities Law Experts: Central Maine Power Company v. Maine Commission on Government Ethics and Election Practices, Sarah C. Haan

Brief of Amici Curiae in Support of Defendants-Appellees: Braidwood Management v. EEOC, Suzette Malveaux

Brief of Black Women Law Scholars as Amici Curiae in Support of Respondents, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Univ. of N.C., Suzette Malveaux

Brief of Children’s Rights Advocates in Support of Appellees: Held v. Montana, Asha Brundage-Moore, Wyatt Sassman, and Catherine Smith

Brief of First Amendment and Securities Law Scholars as Amici Curiae in Support of Respondent: National Center for Public Policy Research v. Securities and Exchange Commission, Sarah C. Haan

Brief of Law and Business Professors as Amici Curiae in Support of Respondents: MacQuarie Infrastructure Group v. Moab Partners, L.P., Sarah C. Haan

Brnovich: Extratextual Textualism, Maureen A. Edobor

Children and Violence: Agency, Experience, and Representation in and beyond Armed Conflict (Christelle Molima Bameka et al. eds., 2025), Christelle Molima Bameka, Jastine C. Barrett, Mohamed Kamara, Karl Hanson, and Mark A. Drumbl

Children as Informers and Denouncers, in Children and Violence: Agency, Experience, and Representation in and beyond Armed Conflict (Christelle Molima Bameka et al. eds., 2025), Mark A. Drumbl and Barbora Holá

Clean Data: Recursion as Pollution in Environmental AI, Joshua Fairfield

Commentary on Parekh’s No Refuge, Shannon Fyfe

Corporate Governance & International Law, Kishanthi Parella

Corporate Governance Speech, Sarah C. Haan

Cross-Examination and the Right to (College) Education: An Analysis of the Substantive and Procedural Rights, Spencer Thomas

Declaration of Catherine Smith: Navahine v. Dept. of Transportation, State of Hawai’i, Catherine Smith

Discrimination, Model Rule 8.4(g), and the ABA’s Quixotic Quest for Uniformity, Alex B. Long

Does Sharing Know Its Limits? Thoughts on Implementing International Environmental Agreements: A Review of National Environmental Policies, a Comparative Study of Capacity-Building, Mark A. Drumbl

Kennedy v. Louisiana and the Future of the Eighth Amendment, Alexandra L. Klein

Enforced Colorblindness, Goldburn P. Maynard Jr.

Everything You Need to Know about Aristotelian Rhetoric You Can Learn from Kendall Jenner and Serena Williams, Allison Wexler Weiss

Faking It: A Proposed Solution to Counter Nonconsensual Pornographic Deepfakes, Rena Song

Foreword, in Tongue-Tied America: Reviving the Art of Verbal Persuasion (Robert N. Sayler & Molly Bishop Shadel, 2d ed. 2014), Timothy C. MacDonnell

Free Speech and Anti-Democratic Violence, Andy J. Carr

From Anti-BDS to Anti-ESG: The Next Generation of Boycotting the “Boycott” Is Only Slightly Less Problematic, Kali Venable

FTC v. Amazon: A Turning Point for Antitrust Law?, Matthew Cole Conover

Give It Back: Title in Digital Property, in The Cambridge Handbook of Emerging Issues at the Intersection of Commercial Law and Technology (Stacy-Ann Elvy & Nancy S. Kim eds., 2025), Joshua Fairfield and Nathaniel (Nate) Reynolds

Grasping the Third Rail: Restorative Justice and Violent Crime, Olwyn Conway

(How) Is Prison Philosophy Public?, Shannon Fyfe, Amy McKiernan, and Elizabeth Lanphier

In Hopes of "Getting Our Act Together", Shannon Fyfe

Insurrection and Black Political Participation, Brandon Hasbrouck

International Criminal Law: Taking Stock of a Busy Decade, Mark Drumbl

International Human Rights, International Humanitarian Law, and Environmental Security: Can the International Criminal Court Bridge the Gaps?, Mark A. Drumbl

Interpreting Religious Doctrine: The Third Rail that Wags the Dog in Religion Clause Jurisprudence, Samuel J. Levine

Leveling the Playing Field for Racial Justice in the Civil Litigation System, Suzette M. Malveaux

Negative Aesthetic Experiences of Prosecuting the Barely Alive, in Sights, Sounds, and Sensibilities of Atrocity Prosecutions (Mark A. Drumbl & Caroline Fournet eds., 2024), Shannon Fyfe

Neurorights for Incarcerated Persons: Should We Curb Inflation?, Shannon Fyfe, Elizabeth Lanphier, and Andrew Peterson

New Voices Inspire New Directions, Mark A. Drumbl

Pediatric Off-Label Use of Covid-19 Vaccines: Ethical and Legal Considerations, Elizabeth Lanphier and Shannon Fyfe

Political Disinformation in the Anthropocene, Jeffrey Omari

Politics and the Institutional Integrity of the ICC, in The Past, Present, and Future of the International Criminal Court (Alexander Heinze & Viviane Dittrich eds., 2021), Shannon Fyfe

Process for the Dispossessed: Procedural Rights from Magna Carta to Modern International Law, Mark A. Drumbl

Progressive Prosecution and the Progressive Prosecutor Movement, in Oxford Research Encyclopedia of Criminology (Henry Pontell ed., 2025), Sarah Gottlieb

Prosecutorial Discretion, in Core Concepts in Criminal Law and Criminal Justice, Vol. II (Kai Ambos et al. eds., 2022), Shannon Fyfe

Prosecutor v Radislav Krstić: ICTY Authenticates Genocide at Srebrenica and Convicts for Aiding and Abetting, Mark Drumbl

Prosecutor v. Thomas Lubanga Dyilo. Décision sur la Confirmation des Charges. Case No. ICC-01/04-01/06, Mark A. Drumbl

Punishment, Postgenocide: From Guilt to Shame to Civis in Rwanda, Mark A. Drumbl

Refereeing NIL Athlete Agents: Examining Equitable and Protective Measures for NCAA Student-Athletes in a Post-Alston Environment, Katherine A. Berman

Rethinking Social Rights from Latin America, Christian Gonzalez Chacon

Rosebud Sioux Tribe v. Kneip, Lewis F. Powell Jr.

Rule of Law Amid Lawlessness: Counseling the Accused in Rwanda's Domestic Genocide Trials, Mark A. Drumbl

Table of Contents

Table of Contents

Table of Contents

Takings Doctrinalization, Gerald S. Dickinson

Terrorist Crime, Taliban Guilt, Western Victims, and International Law, Mark A. Drumbl

The Absence of a Unified Theory in Children’s Fourteenth Amendment Jurisprudence, in International Survey of Family Law (Robin Fretwell Wilson & June Carbone eds., 2024), Catherine Smith, Tanya Washington, and Robin Walker Sterling

The Adult Rights-Bearing Archetype and How It Stifles Young People’s Equal Protection, Catherine E. Smith

The Grass Is Not Always Greener: How the Legalization of Recreational Cannabis Across the United States Is at Odds with Incarceration and Continued Punishment, Marc Sendra

The Pathology of Passivity: Shareholder Passivity as a False Narrative in Corporate Law, in Hidden Fallacies in Corporate Law and Financial Regulation (Alexandra Andhov et al. eds., 2025), Sarah C. Haan

The "Persuasion Route" of the Law: Advertising and Legal Persuasion, Sarah C. Haan

The Small Business Dilemma, Rachel G. Ngo Ntomp

The Symbiosis Between International Law and Corporate Governance, in A Research Agenda for Corporate Law (Christopher Bruner & Marc Moore eds., 2023), Kish Parella

Toward a Criminology of International Crime, Mark A. Drumbl

To Whom Should We Attribute a Corporation's Speech?, in States, Firms, and Their Legal Fictions (Melissa J. Durkee ed., 2024), Sarah C. Haan

Transnational Blame Attribution: The Limits of Using Reputational Sanctions to Punish Corporate Misconduct, in States, Firms, and Their Legal Fictions (Melissa J. Durkee ed., 2024), Kishanthi Parella

Transnational Terrorist Financing: Criminal and Civil Perspectives, Mark A. Drumbl