Washington Law Review

Articles from Vol. 88, No. 1, March

A Rejoinder to Professor Schauer's Commentary
It is quite a treat to have Professor Frederick Schauer comment on my Miranda article.1 Professor Schauer is a renowned authority on freedom of speech and the author of many thoughtful, probing articles in other areas as well, especially jurisprudence....
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A Tale of Two Greenmoss Builders
If ever a pending Supreme Court case deserved the merciful disposition of "improvidently granted," it would seem to be Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.1 Many factors seem to warrant such interment for an elusive and wholly unsatisfying...
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Controlling the Prosecution of Bribery: Applying Corporate Law Principles to Define a "Foreign Official" in the Foreign Corrupt Practices Act
Abstract:This Comment focuses on the debate surrounding the definition of an "instrumentality" within the Foreign Corrupt Practice Act's (FCPA) "foreign official" provision. The FCPA prohibits bribery of "foreign officials" but provides little guidance...
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Dun & Bradstreet Revisited - a Comment on Levine and Wermiel
Lee Levine and Stephen Wermiel's account of the internal history of the Supreme Court's decision in Dun & Bradstreet, Inc. v. Greenmoss Builders, Ine} convincingly demonstrates the utility of the papers of retired Justices in facilitating a painstaking...
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Dun & Bradstreet V. Greenmoss Builders as an Example of Justice Powell's Approach to Constitutional Jurisprudence
It is striking to read the detailed account of the Supreme Court's wrestling with Dun & Brads treet, Inc. v. Greenmoss Builders, Ine) over a two-year period that came just a few years after I had the honor of clerking for Justice Lewis F. Powell,...
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Governing Financial Markets: Regulating Conflicts
Abstract: Payment, clearing, and settlement systems constitute a central component in the infrastructure of financial markets. These businesses provide channels for executing the largest and smallest commercial transactions in local, national, and international...
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The Landmark That Wasn't: A First Amendment Play in Five Acts
Abstract: What follows is an original case study of our First Amendment law of free expression and how it is created by the Supreme Court. Drawing heavily on heretofore unpublished internal papers from the chambers of Justice William Brennan and other...
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The Lesson of the 2011 NFL and NBA Lockouts: Why Courts Should Not Immediately Recognize Players' Union Disclaimers of Representation
Abstract:The NFL and NBA lockouts of 2011 challenged the limits of the balance courts have struck between collective bargaining protections and antitrust liability. In each lockout, the respective players' union argued that the bargaining relationship...
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The Miranda Warning
I. INTRODUCTION- ISOLATING MIRANDA'S IMPORTLargely as a consequence of American television and movies, Miranda v. Arizona1 may well be the most famous appellate case in the world. On the screen, innumerable actors playing American police officers give...
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