Lexington, VA • Wednesday, September 28, 2011
On Sept. 29, third-year Washington and Lee law students Christine Shepard and Christopher Alexion will present their winning law review notes during the annual event recognizing the best student articles produced by Washington and Lee Law Review staff writers.
The Student Notes Colloquium will begin at 4:30 p.m. in the Millhiser Moot Court Room. The event is free and open to the public.
Each year, second-year law review staff writers are required to write an article on an issue of current interest in the law with the help of a faculty advisor and a member of the Law Review editorial board. Authors of the two best notes receive one of two awards along with a cash prize. The articles are presented at the Law Review Student Notes Program the following year and also are published in the Washington and Lee Law Review.
Shepard, winner of the Roy L. Steinheimer Law Review Award, will present "Corporate Wrongdoing and the In Pari Delicto Defense in Auditor Malpractice Cases: A New Approach." Shepard is Editor in Chief for Volume 69 of the Law Review.
Shepard's article examines how courts have addressed auditor malpractice claims using imputation in conjunction with the in pari delicto defense to insulate auditors from suit. She argues that these doctrines do not work together and that, in order to allow auditors to use the in pari delicto defense, courts should examine whether a corporation can fairly be considered to be a wrongdoer.
Commenting on Shepard's Note are Deborah DeMott, David F. Cavers Professor of Law at Duke University School of Law, and Christopher Bruner, Associate Professor of Law at Washington and Lee University School of Law.
Alexion, winner of the Washington and Lee Law Council Law Review Award, will present "Open the Door, Not the Floodgates: Controlling Qui Tam Litigation under the False Claims Act." Alexion is a Senior Articles Editor for Volume 69 of the Law Review.
Alexion's article discusses lawsuits under the False Claims Act, which allows whistleblowers to receive a portion of the damages recovered from private contractors who cheat the government. The Note looks at the Affordable Care Act's recent impact on whistleblower actions and suggests an approach that will maximize the value of these actions while minimizing frivolous lawsuits.
Commenting on Alexion's Note are Dayna Matthew, Professor of Law at University of Colorado Law School, and Timothy Jost, Robert L. Willett Family Professor of Law at Washington and Lee University School of Law.
First published in 1939, the Washington and Lee Law Review presents articles contributed by leading scholars, judges and lawyers, as well as essays, book reviews and student notes. It is published quarterly by students of the W&L School of Law.