Washington and Lee Law Review

Articles from Vol. 55, No. 2, Spring

A Requiem for the Rollover Rule: Capital Gains, Farmland Loss, and the Law of Unintended Consequences
I. Introduction Every year, over one million acres of prime crop land are lost to the sprawling growth of suburban areas in the United States.' Open fields and wildlife habitat are plowed under for the construction of endless rows of new houses. At the...
Blood Ties: A Rationale for Child Visitation by Legal Strangers
I. Introduction This Article addresses some of the issues that arise when nonparents seek visitation with other peoples' children. More often than not, natural parents successfully resist assertions of child visitation rights by legal strangers such...
Capital Punishment and the Courts-Martial: Questions Surface Following Loving V. United States
I. Introduction On June 3, 1996, the United States Supreme Court upheld the death sentence of Dwight J. Loving.' As to this ultimate conclusion, all nine Justices agreed.2 However, the inclusion of several concurring opinions indicated a lack of consensus...
Interpreting the Constitution from Inside the Jury Box: Affecting Interstate Commerce as an Element of the Crime
I. Introduction On October 29, 1993, Charles Parker, Jr. entered a Payless Shoe Store in Fort Worth, Texas.2 Curiously, Parker did not browse through the racks of discounted shoes; he had something else on his mind.3 The store's cash register contained...
Is Emissions Trading an Economic Incentive Program?: Replacing the Command and Control/economic Incentive Dichotomy
I. Introduction Is an emissions trading program' an economic incentive program? Emissions trading programs allow polluters to avoid pollution reductions at a regulated pollution source, if they provide an equivalent reduction elsewhere.2 Most scholars,...
Remembering the Fourth Circuit Judges: A History from 1941 to 1998
Foreword Honorable H. Emory Widener, Jr. A few years ago, I was going through some of my father's old papers and ran across the address by Judge McClintic called "Fifty Years of the Circuit Court of Appeals for the Fourth Circuit," which was delivered...
The Future of Islamic Legal Arguments in International Boundary Disputes between Islamic States
I. Introduction In 1975, the International Court of Justice (ICJ) issued an advisory opinion on the question of the "legal ties" existing between Western Sahara and Morocco and between Western Sahara and the Mauritanian entity.' In its memorials to the...
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