Law Commons^™

Mcdonnell And The Criminalization Of Politics, George D. Brown

George D. Brown

The purpose of this article is to analyze the critique and McDonnell's impact on it. As for McDonnell itself, I contend that the decision gives proponents of the critique less than they claim. The opinion seems to say that an official whose case is identical to McDonnell's could, under a proper approach to bribery, be prosecuted for the same crimes, with the same facts used as evidence. Indeed, the Court raised the possibility that McDonnell himself could be successfully prosecuted in a retrial. The article begins with a discussion of the critique in order to put McDonnell in context. …

The Federal Anti-Corruption Enterprise After Mcdonnell - Lessons From The Symposium, George D. Brown

George D. Brown

Applying Citizens United To Ordinary Corruption: With A Note On Blagojevich, Mcdonnell, And The Criminalization Of Politics, George D. Brown

George D. Brown

Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?, George D. Brown

George D. Brown

Most of the judges in America are elected. Yet the institution of the elected judiciary is in trouble, perhaps in crisis. The pressures of campaigning, particularly raising money, have produced an intensity of electioneering that many observers see as damaging to the institution itself. In an extraordinary development, four justices of the Supreme Court recently expressed concern over possible loss of trust in state judicial systems. Yet mechanisms that states have put in place to strike a balance between the accountability values of an elected judiciary and rule of law values of unbiased adjudication are increasingly invalidated by the federal …

Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown

George D. Brown

A central question in the ongoing debate over the future of the American political system is how to deal with public corruption. This Article first examines the dominant theme of the last thirty years: a relatively hard-line approach that Professor Brown refers to as the post-watergate concensus. In recent years, however, this approach has been subject to growing criminalization of government ethics; Professor Brown then turns to what can be viewed as the counterrevolutionary critique. Against this background, he considers the United States Supreme Court's contribution to the debate. Starting with the recent Sun-Diamond and Salinas cases, and drawing from …

Accountability, Liability, And The War On Terror -- Constitutional Tort Suits As Truth And Reconciliation Vehicles, George D. Brown

George D. Brown

This Article examines the role of civil suits in providing accountability for the Bush administration's conduct of the "war on terror." There have been calls for a "Truth and Reconciliation Commission" to perform this function, almost like a retroactive impeachment of President Bush. For now, the idea appears to be dead, especially since many of the policies have continued under President Obama. Increasingly, the default accountability mechanism for questioning government conduct is the array of civil suits against federal officials by self-proclaimed victims of the war, cases which might be referred to as reverse war on terror suits. Many of …

The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown

George D. Brown

The federal gratuities statute, 18 USC § 201(c), continues to be a source of confusion and contention. The confusion stems largely from problems of draftsmanship within the statute, as well as uncertainty concerning the relationship of the gratuities offense to bribery. Both offenses are contained in the same statute; the former is often seen as a lesser-included offense variety of the latter. The controversy stems from broader concerns about whether the receipt of gratuities by public officials, even from those they regulate, should be a crime. The argument that such conduct should not be criminalized can be traced to, and …

Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown

George D. Brown

In this Article, Professor Brown examines the issues that federal prosecutions of state and local officials pose. The analysis focuses on prosecutions under the mail fraud statute and considers the general debate over the proper scope of federal criminal law. Professor Brodin addresses the question of whether a re-examination of mail fraud would focus on constitutional or statutory issues and by utilizing the Supreme Court case United States v. Lopez examines the question of internal limits on the mail fraud statute.

The Ideologies Of Forum Shopping - Why Doesn't A Conservative Court Protect Defendants?, George D. Brown

George D. Brown

In this Article, Professor George Brown identifies a seeming inconsistency in the Supreme Court’s treatment of federal-state private law forum shopping and state-state private law forum shopping. Professor Brown notes that the Court has been explicit in its condemnation of federal-state forum shopping, but apparently accepts, and even encourages, state-state private law forum shopping. This is strange behavior from a conservative Court, since forum shopping threatens traditional conservative values such as the desire to curtail the proliferation of lawsuits and a general pro-defendant stance. Furthermore, Erie Railroad Co. v. Tompkins clearly rejected forum shopping. Professor Brown reconciles these seemingly contrary …

The Ethics Backlash And The Independent Counsel Statute, George D. Brown

George D. Brown

In this Article, Professor George D. Brown explores the role of the Office of Independent Counsel and the current ethics backlash surrounding its reauthorization. He examines the historical development of the institution through the accounts of two previous "special prosecutors,” Archibald Cox and Lawrence Walsh. Professor Brown also explores the arguments of critics who call for the institution's abolition and counters with his own call for change and renewal. As an alternative to renewal, he suggests a short-term extension, a "cooling off' period to permit Congress to take a detached look at the independent counsel. Professor Brown observes that the …

Stealth Statute – Corruption, The Spending Power, And The Rise Of 18 U.S.C. § 666, George D. Brown

George D. Brown

No abstract provided.

The Constitution As An Obstacle To Government Ethics -- Reformist Legislation After National Treasury Employees Union, George D. Brown

George D. Brown

No abstract provided.

Federal Common Law And The Role Of The Federal Courts In Private Law Adjudication - A (New) Erie Problem?, George D. Brown

George D. Brown

No abstract provided.

Bright Lines, George D. Brown

George D. Brown

No abstract provided.

Dealing With Younger Abstention As A Part Of Federal Courts Reform - The Role Of The Vanishing Proposal, George D. Brown

George D. Brown

No abstract provided.

When Federalism And Separation Of Powers Collide - Rethinking Younger Abstention, George D. Brown

George D. Brown

No abstract provided.

Has The Supreme Court Confessed Error On The Eleventh Amendment? Revisionist Scholarship And State Immunity, George D. Brown

George D. Brown

The simple text of the eleventh amendment belies the complexity of the jurisprudence surrounding it. Professor George D. Brown uses the United States Supreme Court's recent decision in Pennsylvania v. Union Gas Co. as a jumping-off point to determine where the Court stands today on the delicate balance between national supremacy and state sovereignty. In the divided Court's endorsement of congressional power to abrogate the states' immunity he detects a shift toward national supremacy. Professor Brown finds abrogation theory to be as problematic as what came before it. Nevertheless, he accepts the current framework as a compromise that protects state …

Nonideological Judicial Reform And Its Limits - The Report Of The Federal Courts Study Committee, George D. Brown

George D. Brown

No abstract provided.

Letting Statutory Tails Wag Constitutional Dogs - Have The Bivens Dissenters Prevailed?, George D. Brown

George D. Brown

No abstract provided.

Article Iii As A Fundamental Value -- The Demise Of Northern Pipeline And Its Implications For Congressional Power, George D. Brown

George D. Brown

No abstract provided.

Beyond Pennhurst: Protective Jurisdiction, The Eleventh Amendment, And The Power Of Congress To Enlarge Federal Jurisdiction In Response To The Burger Court, George D. Brown

George D. Brown

No abstract provided.

State Sovereignty Under The Burger Court -- How The Eleventh Amendment Survived The Death Of The Tenth: Some Broader Implications Of Atascadero State Hospital V. Scanlon, George D. Brown

George D. Brown

No abstract provided.

Of Activism And Erie- The Implication Doctrine's Implications For The Nature And Role Of The Federal Courts, George D. Brown

George D. Brown

It is clear that Erie is a major precedential foundation for Justices Powell and Rehnquist in their attempt to force a reconsideration of the role of the federal judiciary. In this article, the author finds that a new Erie doctrine has emerged, and it's a potent counterforce to judicial activism in the nonconstitutional domain. The doctrine can be seen at work most clearly in Justice Powell's largely successful attack on the practice of implying rights of action from federal statutes. The new Erie doctrine's implications, however, extend much further. Apart from its practical ramifications, the vision of the federal judiciary …

Pennhurst As A Source Of Defenses For State And Local Governments, George D. Brown

George D. Brown

No abstract provided.

The Courts And Grant Reform: A Time For Action, George D. Brown

George D. Brown

No abstract provided.

An Introduction To The Community Development Litigation And Its Impact, George D. Brown

George D. Brown

Paper from Advisory Committee on Intergovernmental Relations Conference on Federal Grant Law held December 12, 1979 in Washington, D.C.

Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown

George D. Brown

No abstract provided.

Review Of Environmental And Land Controls Legislation By Daniel R. Mandelker, George D. Brown

George D. Brown

No abstract provided.

Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown

George D. Brown

In 1972 Congress added General Revenue Sharing to the list of federal grant-in-aid programs for states and localities. President Nixon had recommended Revenue Sharing, as apart of his "New Federalism," because it would foster local autonomy by minimizing federal restrictions on the grants. When General Revenue Sharing was renewed in 1976, Congress made no changes in the formula, leading some commentators to minimize the significance of those changes which were made. Professor Brown argues that the 1976 renewal amendments to the Revenue Sharing Act are an example of "interventionist federalism," a new form of federal influence over state and local …

State Land Use Laws And Regional Institutions, George D. Brown

George D. Brown

No abstract provided.