Law Commons^™

The Constitution's Political Deficit, Robin West

Georgetown Law Faculty Publications and Other Works

Professor Levinson has wisely called for an extended conversation regarding the possibility and desirability of a new Constitutional Convention, which might be called so as to correct some of the more glaring failings of our current governing document. Chief among those, in his view, are a handful of doctrines that belie our commitment to democratic self-government, such as the two-senators-per-state makeup of the United States Senate and the Electoral College. Perhaps these provisions once had some rhyme or reason to them, but, as Levinson suggests, it is not at all clear that they do now. They assure that our legislative …

Implementing A Progressive Consumption Tax: Advantages Of Adopting The Vat Credit-Method System, Itai Grinberg

Georgetown Law Faculty Publications and Other Works

A credit–method value–added tax, a payroll tax, and a business–level wage subsidy can approximate the economic and distributional consequences of a subtraction–method X–tax. Such a credit–method progressive consumption tax has administrative advantages as compared to a subtraction–method progressive consumption tax, once certain political factors are taken into account. Further, unlike a subtraction–method system, a credit– method progressive consumption tax could easily interact with other tax systems around the world and comply with World Trade Organization rules without sacrifi cing best practice VAT design features that allow for effective enforcement.

How To Skip The Constitution, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

The Ninth Amendment: It Means What It Says, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Although the Ninth Amendment appears on its face to protect unenumerated individual rights of the same sort as those that were enumerated in the Bill of Rights, courts and scholars have long deprived it of any relevance to constitutional adjudication. With the growing interest in originalist methods of interpretation since the 1980s, however, this situation has changed. In the past twenty years, five originalist models of the Ninth Amendment have been propounded by scholars: The state law rights model, the residual rights model, the individual natural rights model, the collective rights model, and the federalism model. This article examines thirteen …

New Basel Capital Accord: Hearing Before The S. Comm. On Banking, Housing, And Urban Affairs, 109th Cong., Sept. 26, 2006 (Statement Of Professor Daniel K. Tarullo, Geo. U. L. Center), Daniel K. Tarullo

Testimony Before Congress

No abstract provided.

Developing Governance And Regulation For Emerging Capital And Securities Markets, Ali A. Ibrahim

Georgetown Law Graduate Paper Series

No abstract provided.

The United Kingdom Flexible Working Act, Georgetown Federal Legislation Clinic

Memos and Fact Sheets

In 2002, the United Kingdom passed new legislation granting employees with young or disabled children the right to request flexible work arrangements from their employers. The law does not guarantee a right to flexible working but seeks to increase flexibility in UK workplaces by requiring a process for negotiation between employees and employers. Stated simply, that process places the initial responsibility on the employee to propose a new work arrangement and explain its potential impact on the employer. The employee and employer must then consider the request together, and the employer may refuse the request only for certain business reasons.

Short Term Time Off: The Current State Of Play, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Many people think of workplace flexibility as flexibility that is provided on a long term, regular basis — for example, flexibility provided through alternative work schedules, compressed workweeks, or part time positions. Under Workplace Flexibility 2010’s conceptualization, however, workplace flexibility also includes the ability to address day-to-day life needs on a short term basis.

Short term needs for flexibility are numerous: to recover from an illness; take care of a sick child; attend a school conference, funeral or medical appointment; wait for a repair person; or appear in court. Some needs may be anticipated; others will arise unexpectedly.

Flexible Work Arrangements: The Overview Memo, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Many employees today have ongoing, predictable demands on their time outside of work. These demands may include dependent children, an ill family member, a long commute, a desire for increased education, or a commitment to community or religious activities. To meet these demands, and to get a paying job done, such individuals often need to work at a different time or in a different place than the traditional “9 am to 5 pm, five days/week, face time at the workplace” rubric.

In response to employee and employer needs and preferences, some employers provide what we call “Flexible placethat work gets …

Flexible Work Arrangements: Selected Case Studies, Jean Flatley Mcguire, Phyllis Brashler

Memos and Fact Sheets

Employees have shown a great desire for flexible work arrangements (FWAs). National data reveals that nearly 80% of workers say they would like to have more flexible work options and would use them if there were no negative consequences at work. However, most workers do not have access to flexible work arrangements and barriers to their effective implementation persist in many organizations as the following nationally representative employer-based survey data reveals.

Bill To Amend Title 35, U.S. Code, To Conform Certain Filing Provisions Within The Patent And Trademark Office, 109th Cong., Sept. 14, 2006 (Statement Of Statement Of John R. Thomas, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.

Brief Of Intellectual Property Law Professors As Amici Curiae Supporting Petitioner, Ksr International Co. V. Teleflex Inc., No. 04-1350 (U.S. Aug. 26, 2006), John R. Thomas

U.S. Supreme Court Briefs

No abstract provided.

Why The Court Said No, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Brief For American Lung Association Et Al. As Amici Curiae Supporting Petitioners, Environmental Defense V. Duke Energy Corporation, No. 05-848 (U.S. Jul. 21, 2006), Hope M. Babcock, Kristi M. Smith

U.S. Supreme Court Briefs

No abstract provided.

Military Commissions: Hamdan V. Rumsfeld: Testimony Before The S. Comm. On Armed Services, 109th Cong., July 19, 2006 (Statement Of Neal Kumar Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal

Testimony Before Congress

No abstract provided.

In Case Of Emergency, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Supreme Court Of The United States, October Term 2005 Overview, Georgetown University Law Center, Supreme Court Institute, Rebecca Cady

Supreme Court Overviews

No abstract provided.

Presidential Signing Statements: Hearing Before The S. Comm. On The Judiciary, 109th Cong., June 27, 2006 (Statement Of Nicholas Quinn Rosenkranz, Prof. Of Law, Geo. U. L. Center), Nicholas Quinn Rosenkranz

Testimony Before Congress

No abstract provided.

Line-Item Veto: Constitutional Issues: Hearing Before The H. Comm. On The Budget, 109th Cong., June 8, 2006 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.

Unintended Consequences: Refugee Victims Of The War On Terror, Georgetown University Law Center, Human Rights Institute

HRI Papers & Reports

No abstract provided.

Perspectives On Patents: Post-Grant Review Procedures And Other Litigation Reforms: Hearing Before The Subcomm. On Intellectual Property Of The S. Comm. On The Judiciary, 109th Cong., May 23, 2006 (Statement Of Professor John R. Thomas, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.

House Of The Setting Sun: New Orleans, Katrina, And The Role Of Historic Preservation Laws In Emergency Circumstances, Annie Christoff

Georgetown Law Historic Preservation Papers Series

In the aftermath of Hurricane Katrina, while various government bodies scrambled to address the myriad tragedies and emergencies that arose from the disaster, one critical question went largely unanswered and ignored: What was to become of the historic homes damaged in the storm and ensuing flood?

Obviously this question was of secondary concern at the time—where human life and safety are imperiled, the primary focus of government officials should be on restoring order and ensuring their constituents are protected. Precisely because of the existence of more pressing issues in a time of emergency, therefore, it is important to have a …

Hearing On Corporate Tax Reform: Hearing Before The Subcomm. On Select Revenue Measures Of The H. Comm. On Ways And Means, 109th Cong., May 9, 2006 (Statement Of Professor Ronald A. Pearlman, Geo. U. L. Center), Ronald A. Pearlman

Testimony Before Congress

No abstract provided.

Improving Historic Preservation Enforcement In The District Of Columbia, David J. Henry

Georgetown Law Historic Preservation Papers Series

Within the past few years, the creation of the Office of Administrative Hearings (OAH) has been an important change in the District of Columbia government. OAH is viewed by many as an innovative government agency that provides fair and impartial administrative adjudication for District agencies, with efficiency. However, since OAH began full operations in 2004, the effectiveness of historic preservation enforcement has actually decreased. The primary indicators of this are the fewer number of completed adjudications and the smaller amount of fines collected in the past year.

This paper is a policy paper. As such, the paper will identify problems …

Cfius And The Role Of Foreign Direct Investment In The U.S.: Hearing Before The Subcomm. On Domestic And International Monetary Policy, Trade And Technology Of The H. Comm. On Financial Services, 109th Cong., Apr. 27, 2006 (Statement Of Professor Daniel K. Tarullo, Geo. U. L. Center), Daniel K. Tarullo

Testimony Before Congress

No abstract provided.

Convergence Of Corporate Governance And Islamic Financial Services Industry: Toward Islamic Financial Services Securities Market, Ali A. Ibrahim

Georgetown Law Graduate Paper Series

This paper briefly discusses the significance of corporate governance for the Islamic financial services industry. Furthermore, it predicts that the Islamic financial services industry is likely to converge to modern governance practices. The paper also argues that the industry needs to have a homogenous and specialized regional securities market to realize its true potential.

Productive Preservation And The Reinvention Of Industrial America, Jonathan Flynn

Georgetown Law Historic Preservation Papers Series

This paper explores the problem of why the traditional model preservation, characterized by a strict and inflexible interpretation of the law, often fails in struggling communities. Particular emphasis is given to early industrial cities, where the existing urban infrastructure and difficult economic situation often conspire to make preservation exceptionally challenging. A solution is proposed for making preservation productive these distressed communities. Through a broader, and more flexible reading of existing law, a major preservation problem may be solved, and history can used as a valuable tool for growth and positive change.

Examples Of State Flexible Work Arrangement (Fwa) Laws, Workplace Flexibility 2010, Georgetown University Law Center

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

Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis -- in a manner that is as manageable and predictable as possible for both employees and employers. This document charts examples of state FWA laws.

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.

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.