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Transformative Experiences, Anticipatory Regret, and Informed Consent
No full textRegret risk is not consistently part of information sharing within informed consent. Yet two kinds of decisions that often invoke concerns about future regret, abortion and sterilization, raise considerations for the role of regret in clinical decision-making and informed consent, particularly regarding decisions about potentially transformative experiences. We distinguish between first-personal and second-personal anticipatory regret and argue that first-personal anticipatory regret can play a productive role, but second-personal anticipatory regret can function in ways that are pernicious. Introducing second-personal anticipatory regret into medical informed consent processes is, we argue, not only not required for informed medical decision-making, but impermissible within the clinical encounter. This view has broader implications for medical decision-making about potentially transformative experiences, and for empirical research on regret regarding healthcare decisions
Wilson, Coleman-Jackson, Saez-Tatman, and Hughes
No full texthttps://scholarlycommons.law.wlu.edu/scholarcelebration2025/1044/thumbnail.jp
Christensen, Hasbrouck, and Wilson
No full texthttps://scholarlycommons.law.wlu.edu/scholarcelebration2025/1046/thumbnail.jp
Flower Arrangement
No full texthttps://scholarlycommons.law.wlu.edu/scholarcelebration2025/1050/thumbnail.jp
Faculty Publications Display
No full texthttps://scholarlycommons.law.wlu.edu/scholarcelebration2025/1072/thumbnail.jp
Faculty Publications Display
No full texthttps://scholarlycommons.law.wlu.edu/scholarcelebration2025/1085/thumbnail.jp
W&L Law Fall Scholarship Celebration 2025
No full textOn October 9, 2025, the Washington and Lee Law Library hosted the fifth W&L Law Fall Scholarship Celebration. The event was co-sponsored by the Frances Lewis Law Center and took place in the Law Library\u27s main reading room from 5:00 to 7:00 p.m.
On display were dozens of scholarly articles, books, chapters, and court briefs authored by the W&L Law faculty and student body between October 2022 and October 2025. Additional works were accessible online via QR codes to W&L Law Scholarly Commons institutional repository. A selection of vintage scholarship by former W&L Law professors was also on display, courtesy of the Powell Archives.
Faculty, librarians, staff, and administrators mingled with law students over hors d\u27oeuvres and drinks to peruse the formidable scholarly output of the W&L Law community. Retirees, alumni, faculty from W&L\u27s undergraduate campus, and others with ties to the University were also in attendance.
Melanie Wilson, Dean and Roy Steinheimer, Jr. Professor of Law; Michelle Cosby, Assistant Dean of Legal Information Services and Professor of Practice; Brandon Hasbrouck, Sydney and Frances Lewis Professor of Law and Director of the Frances Lewis Law Center; Andrew Christensen, Deputy Director of the Law Library; and Jenny Mitchell, Archivist and Special Collections Librarian, provided welcoming remarks.
The event program, which includes a list of the scholarship on display, is available to download in PDF and to view online in Issuu.
Photos taken at the event are also available to view in the W&L Law Scholarly Commons Image Gallery
Heat Camps: Juvenile Curfews, Extreme Heat & the Eighth Amendment
No full textFor decades, in the summertime, America has confined certain of its youth in what are essentially open-air heat camps. In city after city, camp-form is established through the enactment of warm-weather juvenile curfews which keep the youth at home or in state-sponsored centers during summer nights and, increasingly, during days as well. Local governments justify these curfews with general notions of “public safety,” including to protect the youth they confine. But the laws are not benevolent. Reducing youth mobility by curfew results in exclusion, oversurveillance, and potentially lethal heat punishment of the youth, possibly in violation of the Eighth Amendment. As the Anthropocene Era progresses, governments will need to reconsider how to protect their youth from physical harm and heat without putting their humanity at risk
The Children’s Lawsuits: Building a Global Movement in Law and Society
No full textThis essay describes the Atmospheric Trust Litigation (ATL) campaign, spearheaded by Our Children’s Trust, consisting of climate cases brought by youth premised on the public trust principle and, later, on express constitutional rights. The essay characterizes the cases as (1) accomplishing a “rights turn” in environmental law by invoking constitutional claims rather than statutory claims that previously marked almost all environmental litigation; (2) establishing a unified global framework of climate responsibility by depicting the planet’s atmosphere as a global public trust asset which all governments have an obligation to protect; and (3) galvanizing a youth climate movement centered on the right of present and future generations to inherit a climate system capable of sustaining human life. The essay urges treatment of all youth climate cases as part of one coherent field deriving from the shared foundation of government public trust obligation. This unifying theme draws together emerging jurisprudence in a way that coalesces rather than dissipates its planetary reverberations
Doug Laycock and Creativity in Restitution—The Henrietta Lacks Litigation as a Test Case
No full textThis Article explores the Henrietta Lacks litigation as a test case for Professor Laycock\u27s writings and theories on the law of unjust enrichment and restitution remedies. A series of modern lawsuits brought by the Lacks Estate allege that defendant companies continue to make unjust profits with knowledge of the unsavory provenance of the Henrietta Lacks immortal cell line. The only count in the complaints is unjust enrichment. The core remedy is restitutionary disgorgement of unjust gains. The authors connect the novel nature of the lawsuits to foundational restitution principles. Professor Laycock\u27s scholarly articles, books, and law reform projects bring deeper clarity to the law of unjust enrichment and its host of remedies. There is still much to learn from his works. This Article concludes that it is possible to use bedrock principles from Laycock\u27s analysis to help develop the law of restitution in principled yet innovative ways. Linking creative applications to bedrock principles will fortify the rights and remedies at stake