Digital Commons Network^™

The New South Wales Carers’ Responsibilities Act, Workplace Flexibility 2010, Georgetown University Law Center, Georgetown Federal Legislation Clinic

Memos and Fact Sheets

Enacted in 2001, the New South Wales Carers’ Responsibilities Act (“CRA”) prohibits discrimination against employees with caregiver responsibilities and provides access to reasonable flexible work arrangements. Under this law, employees have the right to request accommodations for their carer responsibilities, and employers have an affirmative obligation to consider and grant reasonable accommodations that do not impose an unjustifiable hardship. The affirmative accommodation requirement extends to requests for flexible working hours, working from home (telecommuting), part-time work, and job-share arrangements.

Comparative Chart Of “Right-To-Ask” Laws In The U.S. And Abroad, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

The Federal Employees Flexible And Compressed Work Schedules Act (Fefcwa), Georgetown Federal Legislation Clinic

Memos and Fact Sheets

Federal law establishes scheduling requirements for government employees, generally requiring federal agencies to set regular work hours over a traditional Monday through Friday workweek. These requirements, along with provisions of the Fair Labor Standards Act (FLSA), impede flexible work arrangements (FWAs) for federal employees.1 The Federal Employees Flexible and Compressed Work Schedules Act (“FEFCWA”) removes these legal barriers for two specific types of alternative work schedules (AWS): flexible work schedules (FWS) and compressed work schedules (CWS). Under an FWS, an agency establishes core hours when all employees must be at work and allows employees to choose arrival and departure times …

Caveat Blogger: Blogging And The Flight From Scholarship, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

These comments were delivered to the “Symposium on Bloggership” held at Harvard Law School on April 28, 2006. Professor Randy Barnett discusses the pros and cons of blogging by legal scholars.

Brief Of Respondents, Arlington Central School District Board Of Education V. Murphy, No. 05-18 (U.S. Mar 28, 2006), Jillian M. Cutler, David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Flexible Work Arrangements: A Definition And Examples, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Workplace Flexibility 2010 defines a “flexible work arrangement” (FWA) as any one of a spectrum of work structures that alters the time and/or place that work gets done on a regular basis. A flexible work arrangement includes:

1. flexibility in the scheduling of hours worked, such as alternative work schedules (e.g., flex time and compressed workweeks), and arrangements regarding shift and break schedules;

2. flexibility in the amount of hours worked, such as part time work and job shares; and

3. flexibility in the place of work, such as working at home or at a satellite location.

Our research indicates …

The Refund Booth: Using The Principle Of Symmetric Information To Improve Campaign Finance Regulation, Ian Ayres, Bruce Ackerman

Philip A. Hart Memorial Lecture

On March 22, 2006, Professor of Law, Ian Ayres of Yale Law School, delivered the Georgetown Law Center’s twenty-sixth Annual Philip A. Hart Memorial Lecture: "The Refund Booth: Using the Principle of Symmetric Information to Improve Campaign Finance Regulation." The article, The Secret Refund Booth, was co-authored with Professor Bruce Ackerman of Yale University.

Ian Ayres is a lawyer and an economist. He is the William K. Townsend Professor of Law and Anne Urowsky Professorial Fellow in Law at Yale Law School and a Professor at Yale's School of Management. He is the editor of the Journal of Law, …

Are We Safer?, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Net Neutrality: Hearing Before The Senate Committee On Commerce, Science And Transportation, 109th Cong., Feb. 7, 2006 (Statement Of J. Gregory Sidak, Visiting Prof. Of Law, Geo. U. L. Center), J. Gregory Sidak

Testimony Before Congress

No abstract provided.

Brief For Petitioner Salim Ahmed Hamdan, Hamdan V. Rumsfeld, No. 05-184 (U.S. Jan. 6, 2006), Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

Brief Of Law Professors David D. Cole Et Al. As Amici Curiae Supporting Petitioner (Geneva-Enforceability), Hamdan V. Rumsfield, No. 05-184 (U.S. Jan. 6, 2006), David Cole, Julie R. O'Sullivan, Carlos Manuel Vázquez

U.S. Supreme Court Briefs

No abstract provided.

Brief For Respondents American Rivers And Friends Of The Presumpcot River, S.D. Warren Co. V. Maine Bd. Of Envtl. Prot., No. 04-1527 (U.S. Jan. 6, 2006), Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

Summary Comparison Of Select Foreign Exto Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Select Foreign Exto Laws: By Country, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Impeachment: Advice And Dissent, Susan Low Bloch

Georgetown Law Faculty Lectures and Appearances

In this lecture, the author describes how she first met Professor William Van Alstyne at a Federalist Society debate at Wayne State Law School in Detroit. Their colleague, the late Professor Joe Grano, had invited them to discuss whether one can sue a sitting president. Of course, this debate was not merely academic. Paula Jones had begun her sexual harassment suit against President Clinton and the suit was on its way to the Supreme Court. They got together before the debate and walked around the campus. The author thought that the president could not be sued while in office. Although …

Enhancing The Senses: How Technological Advances Shape Our View Of The Law, Steven Goldberg

Georgetown Law Faculty Lectures and Appearances

This memorial lecture was given at West Virginia University, which houses, among other relevant programs, the Biometric Knowledge Center. The lecture surveys the application of a variety of legal topics to biometrics. Covered areas include basic research funding choices, freedom of speech, association and religion, search and seizure, and informational privacy.

Select Foreign Exto Laws: By Topic, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

State-By-State Guide To Unpaid, Job-Protected Extended Time Off Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Pervasively Distributed Copyright Enforcement, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

In an effort to control flows of unauthorized information, the major copyright industries are pursuing a range of strategies designed to distribute copyright enforcement functions across a wide range of actors and to embed these functions within communications networks, protocols, and devices. Some of these strategies have received considerable academic and public scrutiny, but much less attention has been paid to the ways in which all of them overlap and intersect with one another. This article offers a framework for theorizing this process. The distributed extension of intellectual property enforcement into private spaces and throughout communications networks can be understood …

Someplace Between Philosophy And Economics: Legitimacy And Good Corporate Lawyering, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

This essay deals with the demands of responsible lawyering when one's client is a corporate or other business entity. I suspect that to most business clients, many of the laws they encounter are mundane and, worse, suspicious in their origins. We would be naive to think that laws always do more good than harm, or even that they are intended to do so. Too often, law in economic and commercial settings is the product of special interest haggling, political grandstanding, or bureaucratic sloth. In its totality, the bulk of commercial and regulatory law probably is mediocre at best. If this …

A Response To Goodwin Liu, Robin West

Georgetown Law Faculty Publications and Other Works

Professor Liu's article convincingly shows that the Fourteenth Amendment can be read, and has been read in the past, to confer a positive right on all citizens to a high-quality public education and to place a correlative duty on the legislative branches of both state and federal government to provide for that education. Specifically, the United States Congress has an obligation under the Fourteenth Amendment's Citizenship Clause, Liu argues, to ensure that the public education provided by states meets minimal standards so that citizens possess the competencies requisite to meaningful participation in civic life. Liu's argument is not simply that …

Scalia's Infidelity: A Critique Of "Faint-Hearted" Originalism, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In this essay, based on the 2006 William Howard Taft lecture, the author critically evaluates Justice Antonin Scalia's famous and influential 1988 Taft Lecture, entitled Originalism: The Lesser Evil. In his lecture, Justice Scalia began the now-widely-accepted shift from basing constitutional interpretation on the intent of the framers to relying instead on the original public meaning of the text. At the same time, the essay explains how Justice Scalia allows himself three ways to escape originalist results that he finds to be objectionable: (1) when the text is insufficiently rule-like, (2) when precedent has deviated from original meaning and …

Restoring The Lost Constitution, Not The Constitution In Exile, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The Constitution we have now is redacted. Any practicing lawyer will tell you that you cannot go into court and argue the Ninth Amendment. You cannot go into court and argue the Privileges or Immunities Clause. Until United States v. Lopez you could not argue the Commerce Clause; after Gonzales v. Raich, it is not clear you can argue the Commerce Clause anymore. You cannot argue the Necessary and Proper Clause. You cannot argue the Republican Guarantee Clause. You cannot argue the Second Amendment outside the Fifth Circuit. Whole sections of the Constitution are now gone. This is the …

Beyond Coercion: Justice Kennedy's Aversion To Animus, Steven Goldberg

Georgetown Law Faculty Publications and Other Works

In evaluating the constitutionality of religious displays, Justice Kennedy adheres to the coercion test. A crèche on the courthouse steps is acceptable because it does not coerce anyone to support or participate in a religious exercise. He rejects the endorsement test, which asks whether the display makes reasonable nonadherents feel like outsiders, finding it to be “flawed in its fundamentals and unworkable in practice.” Yet in the free exercise context, Kennedy has focused on whether a community shows hostility to minority faiths, and his opinions in Romer and Lawrence stress that legislatures acted unconstitutionally in showing animus to gays. Suppose …

The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Essay uses the proposed Constitution Restoration Act of 2005 as the vehicle for exploring some aspects of contemporary concerns about judicial independence and the mechanisms available to control what might be perceived as abuses of judicial authority . . . I doubt that the Act has a serious chance of enactment, but its introduction provides an opportunity to examine some difficulties associated with congressional control of judicial decision-making. I begin by treating the Constitution Restoration Act as a real statute, asking what its substantive terms mean. I argue that there is substantial tension between what the Act says and …

Aristotle’S Tried And True Recipe For Argument Casserole, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

I thoroughly enjoyed John Schunk’s article— “What Can Legal Writing Students Learn from Watching Emeril Live?”—in the Winter 2006 issue. We are big Emeril fans in our family, and we too have heard him distinguish the art of baking casseroles from the art of baking cakes. Baking a casserole is more art than science, because although there are basic ingredients, a creative cook can vary the recipe to please a variety of palettes. Baking a cake, on the other hand, is more science than art, because if the cook eliminates a necessary egg or adds too much baking powder, the …

The Third Moment In Law And Development Theory And The Emergence Of A New Critical Practice, David M. Trubek, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

The study of the relationship between law and economic development goes back at least to the nineteenth century. It is a question that attracted the attention of classical thinkers like Marx and Weber. And there were some early efforts to craft policy in this area; for example, under the Raj, some English Utilitarians tried to put Jeremy Bentham’s ideas about law and economic progress into practice in India. But it was only after World War II that systematic and organized efforts to reform legal systems became part of the practice of international development agencies.

Initially, development agencies turned to law …

Legislatures, Agencies, Courts And Advocates: How Laws Are Made, Interpreted And Modified, Chai R. Feldblum, Robin Appleberry

Georgetown Law Faculty Publications and Other Works

This chapter explains the nature and practice of lawmaking, legal advocacy, and legal research as they relate to the field of work and family. Through reference to the Family and Medical Leave Act of 1993 as a case study, the authors explain the dynamic processes by which laws are made, interpreted and modified by legislatures, administrative agencies and courts, with the help of legal advocates. Their goal is not to provide substantive analysis of laws related to work and family, but rather to enable researchers from a range of disciplines to understand and access the legal system, as it currently …

What The Internet Age Means For Female Scholars, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

Is the Internet-driven transformation of legal scholarship good for the girls, or bad for the girls?

Will it remove some of the handicaps that have dogged women's efforts to join the ranks of scholarly "superstars"? Or will it only increase the professional obstacles still faced by women in legal academia? In this short Essay, the author tries to predict some of the promises and perils that the Internet holds for women in the legal academy.

It's A Bird, It's A Plane, No, It's Super Precedent: A Response To Faber And Gerhardt, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The normative case for originalism is based, in large measure, on the superiority of the enacted text over the opinions of members of the government whom it is supposed to govern and limit-including members of the Supreme Court. The author does not see how an originalist can accept that the Supreme Court could change the meaning of the text from what it meant as enacted and still remain an originalist. In other words, once it becomes appropriate for the Supreme Court to discard original meaning and the original meaning of the text is thereby reduced to a factor among many …