Law Commons^™

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.

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.

Constitutional Texting, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

"Constitutional Texting" introduces an account of constitutional meaning that draws on Paul Grice's distinction between "speaker's meaning" and "sentence meaning." The constitutional equivalent of speaker's meaning is "framer's meaning," the meaning that the author of the constitutional text intended to convey in light of the author's beliefs about the reader's beliefs about the author's intentions. The constitutional equivalent of sentence meaning is "clause meaning," the meaning that an ordinary reader would attribute to the text at the time of utterance without any beliefs about particular intentions on the part of the author. Clause meaning is possible because the words and …

Public Legal Reason, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay develops an ideal of public legal reason--a normative theory of legal reasons that is appropriate for a society characterized by religious and moral pluralism. One of the implications of this theory is that normative theorizing about public and private law should eschew reliance on the deep premises of deontology or consequentialism and should instead rely on what the author calls public values--values that can be affirmed without relying on the deep and controversial premises of particular comprehensive moral doctrines.

The ideal of public legal reason is then applied to a particular question--whether welfarism (a particular form of normative …

Pluralism And Public Legal Reason, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

What role does and should religion play in the legal sphere of a modern liberal democracy? Does religion threaten to create divisions that would undermine the stability of the constitutional order? Or is religious disagreement itself a force that works to create consensus on some of the core commitments of constitutionalism--liberty of conscience, toleration, limited government, and the rule of law? This essay explores these questions from the perspectives of contemporary political philosophy and constitutional theory. The thesis of the essay is that pluralism--the diversity of religious and secular conceptions of the good--can and should work as a force for …

Calling Genocide By Its Rightful Name: Lemkin's Word, Darfur, And The Un Report, David Luban

Georgetown Law Faculty Publications and Other Works

When the United Nations commission investigating Darfur issued its report in January 2005, it concluded that the Darfur atrocities represented war crimes and crimes against humanity, but not genocide. This had the harmful effect of deflating efforts to mobilize political support to halt the Darfur atrocities. But the Commission's conclusion was based entirely on technicalities in the legal definitions of the international crimes, not on denial that extermination is going on in Darfur. In this paper, the author argues that the legal and popular meanings of genocide have diverged in harmful ways: where laymen understand that mass killings and rapes …

The Federal Criminal "Code" Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

Any discussion of federal penal law must begin with an important caveat: There actually is no federal criminal "code" worthy of the name. A criminal code is defined as "'a systematic collection, compendium, or revision' of laws." What the federal government has is a haphazard grab-bag of statutes accumulated over 200 years, rather than a comprehensive, thoughtful, and internally consistent system of criminal law. In fact, the federal government has never had a true criminal code. The closest Congress has come to enacting a code was its creation of Title 18 of the United States Code in 1948. That "exercise, …

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 …

Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

This article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States—two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes—and accepts—the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts—flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …

It Takes A Lawyer To Raise A Child?: Allocating Responsibilities Among Parents, Children, And Lawyers In Delinquency Cases, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

This Article considers whether, and to what extent, children do or should look to parents for guidance in matters of juvenile delinquency. To this end, I draw insight from theories of adolescent development, rules of professional ethics, and principles of constitutional law and justice. In Part I, I identify opportunities for support and collaboration between children and parents in the juvenile justice system and then consider the potential for conflict in these families. In Part II, I propose six strategies for effective lawyering on behalf of children and parents in juvenile court. Given the complexities of the issues, I recognize …

Knowing Killing And Environmental Law, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

My goal here is modest: I simply wish to defend the view that the moral commitment against knowing killing should play a role in decisions about environmental problems. In recent years, economic analysis has substantially succeeded in de-ethicizing environmental issues; this paper is part of an effort to re-ethicize them. In previous work, I have criticized the use of cost-benefit analysis in making decisions about the environment. One source of my criticism has been the mismatch between moral values and economic valuation. I have, however, tended to leave the moral values I have defended rather vaguely defined. In this paper, …

Age And Tenure Of The Justices And Productivity Of The U.S. Supreme Court: Are Term Limits Necessary?, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

This Article examines the relationship between the productivity of the U.S. Supreme Court and the age and tenure of the Supreme Court Justices. The motivation for this Article is the Supreme Court Renewal Act of 2005 (SCRA) and other recent proposals to impose term limits for Supreme Court Justices. The authors of the SCRA and others suggest that term limits are necessary because, inter alia, increased longevity and terms of service of the Justices have resulted in a decline in the productivity of the Court as measured by the number of cases accepted for review and the number of opinions …