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Articles 31 - 60 of 78
Full-Text Articles in Law
Outsourcing Covert Activities, Laura T. Dickinson
Outsourcing Covert Activities, Laura T. Dickinson
GW Law Faculty Publications & Other Works
Over the past decade, the United States has radically shifted the way it projects its power overseas. Instead of using full-time employees of foreign affairs agencies to implement its policies, the government now deploys a wide range of contractors and grantees, hired by both for-profit and nonprofit entities. Thus, while traditionally we relied on diplomats, spies, and soldiers to protect and promote our interests abroad, increasingly we have turned to hired guns. Contrast the first Gulf War to later conflicts in Iraq and Afghanistan. During the Gulf War the ratio of contractors to troops was 1 to 100; now, with …
Reflections On The Federal Procurement Landscape, Daniel I. Gordon
Reflections On The Federal Procurement Landscape, Daniel I. Gordon
GW Law Faculty Publications & Other Works
This paper, published in the Government Contractor, presents the reflections on the author's service as the Administrator for Federal Procurement Policy from 2009 through 2011. The author identifies his three goals for his tenure as Administrator: strengthening the federal acquisition workforce, driving fiscal responsibility in federal acquisition, and rebalancing the relationship with contractors. The author points to reversal of several negative trends, in particular, decline in the size of the federal acquisition workforce during the years 1992-2009, unsustainable annual increases in procurement spending during those years, and an unhealthy overreliance on contractors in performance of key government functions. In each …
Global Legal Pluralism: A Jurisprudence Of Law Beyond Borders (Introduction), Paul Schiff Berman
Global Legal Pluralism: A Jurisprudence Of Law Beyond Borders (Introduction), Paul Schiff Berman
GW Law Faculty Publications & Other Works
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational, and nonstate communities. Navigating these spheres of complex overlapping legal authority is inevitably confusing, and we cannot expect territorial borders to solve all the problems that arise because legal norms inevitably flow across such borders. At the same time, trying to create one universal set of legal rules is also often unsuccessful because the sheer variety of human communities and interests thwarts such efforts. Instead, we need an alternative jurisprudence, one …
Why We Should Never Pay Down The National Debt, Neil H. Buchanan
Why We Should Never Pay Down The National Debt, Neil H. Buchanan
GW Law Faculty Publications & Other Works
Calls either to balance the federal budget on an annual basis, or to pay down all or part of the national debt, are based on little more than uninformed intuitions that there is something inherently bad about borrowing money. We should not only ignore calls to balance the budget or to pay down the national debt, but we should engage in a responsible plan to increase the national debt each year. Only by issuing debt to lubricate the financial system, and to support the economy’s healthy growth, can we guarantee a prosperous future for current and future citizens of the …
The Institutional Case For Judicial Review, Jonathan R. Siegel
The Institutional Case For Judicial Review, Jonathan R. Siegel
GW Law Faculty Publications & Other Works
The “popular constitutionalism” movement has revived the debate over judicial review. Popular constitutionalists have attacked judicial review as being illegitimate in a democracy or inconsistent with original intent, and they have argued that the Constitution should be enforced through popular, majoritarian means, such as elections and legislative agitation. This Article shows in response that the judicial process has institutional characteristics that make judicial review the superior method of constitutional enforcement. Prior literature has focused on just one such institutional characteristic — the political insulation of judges. This Article, by contrast, shows that the case for judicial review rests on a …
A House Of Cards Falls: Why 'Too Big To Debar' Is All Slogan And Little Substance, Jessica Tillipman
A House Of Cards Falls: Why 'Too Big To Debar' Is All Slogan And Little Substance, Jessica Tillipman
GW Law Faculty Publications & Other Works
“A House of Cards Falls: Why ‘Too Big to Debar’ is All Slogan and Little Substance” is a critical response to the article, "FCPA Sanctions: Too Big to Debar" by Drury D. Stevenson and Nicholas J. Wagoner, which aptly demonstrates a common, yet fundamentally flawed understanding of the FAR 9.4 suspension and debarment regime. "Too Big to Debar" asserts that when large government contractors violate the Foreign Corrupt Practices Act (FCPA), they should be “punished” by being debarred from the procurement system. Indeed, despite FAR 9.4’s clear directive to use debarment only for the purpose of protecting the government, not …
The Necessity Of Tradeoffs In A Properly Functioning Civil Procedure System, Alan B. Morrison
The Necessity Of Tradeoffs In A Properly Functioning Civil Procedure System, Alan B. Morrison
GW Law Faculty Publications & Other Works
No abstract provided.
Owning Versus Renting: Thoughts On Housing Policy, Tax Incentives, And Middle Class Dreams, Neil H. Buchanan
Owning Versus Renting: Thoughts On Housing Policy, Tax Incentives, And Middle Class Dreams, Neil H. Buchanan
GW Law Faculty Publications & Other Works
This document gathers together 22 essays that were originally published as online commentary by Professor Neil H. Buchanan, between 2008 and 2012. All but one of the essays first appeared on the Dorf on Law blog (www.dorfonlaw.org). In these essays, Professor Buchanan discusses the arguments for and against government support of individual home ownership. Most of the essays focus on how to move away from the model of individual ownership. The latter essays, however, begin to embrace the possibility that home ownership incentives should be expanded, to mitigate the current upside-down quality of those subsidies, and to preserve middle-class professional …
Brief For Royal Dutch Petroleum Co. Et Al., As Amici Curiae Supporting Respondents, Kiobel V. Royal Dutch Petroleum Co., 132 S.Ct. 1738 (2012) (No. 10-1491)., Bradford R. Clark, Anthony J. Bellia Jr.
Brief For Royal Dutch Petroleum Co. Et Al., As Amici Curiae Supporting Respondents, Kiobel V. Royal Dutch Petroleum Co., 132 S.Ct. 1738 (2012) (No. 10-1491)., Bradford R. Clark, Anthony J. Bellia Jr.
GW Law Faculty Publications & Other Works
No abstract provided.
Brief For Esther Kiobel, Et Al., As Amici Curiae Supporting Petitioners, Kiobel V. Royal Dutch Petroleum Co., 132 S.Ct. 1738 (2012) (No. 10-1491)., Ralph G. Steinhardt, Arin Melissa Brenner
Brief For Esther Kiobel, Et Al., As Amici Curiae Supporting Petitioners, Kiobel V. Royal Dutch Petroleum Co., 132 S.Ct. 1738 (2012) (No. 10-1491)., Ralph G. Steinhardt, Arin Melissa Brenner
GW Law Faculty Publications & Other Works
No abstract provided.
Book Review Of The Law Of International Responsibility (James Crawford, Alain Pellet, And Simon Olleson Eds., Oxford University Press, 2010), Sean D. Murphy
Book Review Of The Law Of International Responsibility (James Crawford, Alain Pellet, And Simon Olleson Eds., Oxford University Press, 2010), Sean D. Murphy
GW Law Faculty Publications & Other Works
If one were to affix a label to the first decade of work by the UN International Law Commission in this century, a good one to choose would be the “decade of codifying international responsibility.” No fewer than five projects relating to that general topic were brought to a conclusion by the Commission in the space of ten years, constituting a formidable effort at codification that may well influence the field of public international law for years to come. Given that the Commission had spent decades considering, as part of a single project, myriad aspects of state responsibility, in some …
District Court Review Of Findings Of Fact Proposed By Magistrates: Myth Or Reality, Richard J. Pierce Jr
District Court Review Of Findings Of Fact Proposed By Magistrates: Myth Or Reality, Richard J. Pierce Jr
GW Law Faculty Publications & Other Works
In this essay, Professor Pierce criticizes the decisions in six circuits that forbid a district judge from rejecting a finding of fact proposed by a magistrate without first conducting a new evidentiary hearing. Those decisions are inconsistent with the Magistrates Act of 1968, the 1951 decision of the Supreme Court that authorizes agencies to reject findings of fact made by Administrative Law Judges without conducting a new evidentiary hearing, the consistent findings of empirical studies that a fact-finder’s ability to observe the demeanor of witnesses does not improve the fact-finder’s ability to evaluate the credibility of witnesses, and Articles I …
Legal Disputes Related To Climate Change Will Continue For A Century, Richard J. Pierce Jr
Legal Disputes Related To Climate Change Will Continue For A Century, Richard J. Pierce Jr
GW Law Faculty Publications & Other Works
Professor Pierce summarizes the expected effects of anthropogenic climate change, discusses the expensive and ineffective efforts that have been attempted to date to mitigate climate change, describes a more promising strategy for the future, and explains why the US must prepare to make major changes in law to adapt to some significant changes in climate that are inevitable. This paper was originally presented to the DC Bar as the 2012 Harold Leventhal Lecture.
Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity, Steven L. Schooner, Collin D. Swan
Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity, Steven L. Schooner, Collin D. Swan
GW Law Faculty Publications & Other Works
Once the nation commits to engage in heavy, sustained military action abroad, particularly including the deployment of ground forces, political support is scrupulously observed and dissected. One of the most graphic factors influencing that support is the number of military soldiers who have made the ultimate sacrifice on the nation’s behalf. In the modern era, most studies suggest that the public considers the potential and actual casualties in U.S. wars to be an important factor, and an inverse relationship exists between the number of military deaths and public support. Economists have dubbed this the "casualty sensitivity" effect.
This article asserts …
Emerging Policy And Practice Issues (2011), Steven L. Schooner, David J. Berteau
Emerging Policy And Practice Issues (2011), Steven L. Schooner, David J. Berteau
GW Law Faculty Publications & Other Works
This paper, presented at the West Government Contracts Year in Review Conference (covering 2011), attempts to identify the key trends and issues for 2012 in U.S. federal procurement. It begins from the premise that the most significant emerging issue in government contracting, looking ahead, is the money (or lack of it). As the fiscal belt tightens, the procurement landscape - what the government buys, from whom, and how - will necessarily change. Consistent with prior practice, this chapter offers extensive coverage of the federal procurement spending trend and attempts to predict what lies ahead. It also discusses the proliferation of …
Landscape Level Management Of Parks, Refuges, And Preserves For Ecosystem Resilience, Robert L. Glicksman, Graeme S. Cumming
Landscape Level Management Of Parks, Refuges, And Preserves For Ecosystem Resilience, Robert L. Glicksman, Graeme S. Cumming
GW Law Faculty Publications & Other Works
The laws governing management of national parks, wildlife refuges, and other federal land preserves seek to conserve natural resources in highly treasured locations. The nature of conservation has changed substantially, however, since Congress first enacted these laws. It is clear that protected ecosystems are influenced by outside events and that management of human-dominated ecosystems is essential to long-term sustainability of the ecosystems containing protected preserves. The effects of climate change, invasive species introductions, and other broad-scale anthropogenic influences are expected to alter the functioning of natural systems in ways that will make it impossible for protected areas to function as …
The Wto’S Revised Government Procurement Agreement - An Important Milestone Toward Greater Market Access And Transparency In Global Public Procurement Markets, Robert D. Anderson, Steven L. Schooner, Collin D. Swan
The Wto’S Revised Government Procurement Agreement - An Important Milestone Toward Greater Market Access And Transparency In Global Public Procurement Markets, Robert D. Anderson, Steven L. Schooner, Collin D. Swan
GW Law Faculty Publications & Other Works
In December of 2011, the Parties to the World Trade Organization Government Procurement Agreement (GPA) adopted significant revisions to the Agreement. The revised Agreement comprises (a) a much-needed modernization of the text of the Agreement, (b) an expansion of related market-access commitments by the Parties, and (c) a set of Future Work Programs intended to enhance transparency among the Parties and improve the administration of the Agreement. In these unstable economic times, the importance of the GPA and its improvements cannot be overstated.
This article also bemoans the media's misrepresentation of the ongoing process of China's negotiated accession into the …
Foreword To Scholarly Writing: Ideas, Examples, And Execution, Steven L. Schooner
Foreword To Scholarly Writing: Ideas, Examples, And Execution, Steven L. Schooner
GW Law Faculty Publications & Other Works
This foreword recommends the forthcoming second edition of Scholarly Writing: Ideas, Examples, and Execution by Jessica L. Clark and Kristen E. Murray. The book, published by Carolina Academic Press, is a welcome tool and useful resource for students embarking on their scholarly writing endeavors. Having supervised hundreds of LL.M. candidates struggling to complete a thesis, J.D. students attempting to fulfill a scholarly note requirement dominating their second-year law journal experience, and J.D. and LL.M. candidates writing seminar papers or independent research and writing projects, the author encourages students to invest in Scholarly Writing as a helpful and instructive lifeline. The …
Affirmatively Inefficient Jurisprudence?: Confusing Contractors’ Rights To Raise Affirmative Defenses With Sovereign Immunity, Steven L. Schooner, Pamela Kovacs
Affirmatively Inefficient Jurisprudence?: Confusing Contractors’ Rights To Raise Affirmative Defenses With Sovereign Immunity, Steven L. Schooner, Pamela Kovacs
GW Law Faculty Publications & Other Works
In M. Maropakis Carpentry v. United States, the U.S. Court of Appeals for the Federal Circuit upset the commonly understood rules of practice and procedure for government contracts dispute litigation. In what the Supreme Court might view as a drive-by jurisdictional ruling, the court held that a contractor must file its own claim for time extensions before it can defend against a government claim for liquidated damages. Two Court of Federal Claims cases then confirmed fears that the decision would create a significant, disruptive, and disadvantageous change in procedural posture for a large number of contractors defending against government …
Comparative Administrative Law, Francesca Bignami
Comparative Administrative Law, Francesca Bignami
GW Law Faculty Publications & Other Works
This chapter provides an overview of comparative administrative law, with particular attention to European jurisdictions and the United States. The underlying conceptual similarity that serves to organize the comparative analysis is the purpose, common to these systems, of rendering public administration both capable and expert, on the one hand, and accountable to a variety of liberal democratic actors, on the other hand. The chapter first discusses what historically was the principal legal tool for achieving neutrality and expertise—the legal guarantees of civil service employment—together with national variations in the professionalization of administration. It then turns to three important types of …
A Visa To "Snitch": An Addendum To Cox And Posner, Eleanor Marie Brown
A Visa To "Snitch": An Addendum To Cox And Posner, Eleanor Marie Brown
GW Law Faculty Publications & Other Works
Cox and Posner’s landmark contribution is the first article to have highlighted the challenges of information asymmetry in immigration screening. While Cox and Posner have undoubtedly made a significant contribution, there is a critical oversight in their framework: they do not discuss the importance of targeted ex post mechanisms of screening educational elites. This Essay is an attempt to remedy Cox and Posner’s omission. Why is this oversight so problematic? In the post-9/11 world, U.S. immigration policy currently finds itself on the horns of a dilemma. While immigrant educational elites are critical to U.S. economic growth, terrorist networks have stepped …
The Participation Interest, Spencer A. Overton
The Participation Interest, Spencer A. Overton
GW Law Faculty Publications & Other Works
Lack of participation is a primary problem with money in politics. Relatively few people make political contributions—less than one-half of one percent of the population provides the bulk of the money that politicians collect from individual contributors. This Article introduces and details the state’s interest in expanding citizen participation in financing politics. Rather than focus solely on pushing an incomplete anticorruption framework to restrict special interest influence, reformers should also embrace a strategy of giving more people influence. Reformers should accept that money produces speech and that “special interests” in the form of grassroots organizations are a democratic good that …
In Defense Of Judicial Empathy, Thomas B. Colby
In Defense Of Judicial Empathy, Thomas B. Colby
GW Law Faculty Publications & Other Works
President Obama has repeatedly stated that he views a capacity for empathy as an essential attribute of a good judge. And conservatives have heaped mountains of scorn upon him for saying so—accusing him of expressing open contempt for the rule of law. To date, the debate has been surprisingly one-sided. One federal judge has recently noted that “President Obama’s statement that judges should have ‘empathy’ was met with strong criticism from his opponents and uncomfortable silence from his supporters.” This Article seeks to offer a sustained defense of the President’s call for empathy in judging. Its argument is neither grounded …
Enlightenment Economics And The Framing Of The U.S. Constitution, Renée Lettow Lerner
Enlightenment Economics And The Framing Of The U.S. Constitution, Renée Lettow Lerner
GW Law Faculty Publications & Other Works
Some scholars have argued that the Framers of the U.S. Constitution did not have a common set of views on economics, or that the Constitution, except perhaps in isolated clauses, does not reflect any specific economic views. The principal Framers did, in fact, share a basic set of economic views, though of course they did not agree on all economic questions. Their shared economic views were common to enlightenment thinkers: promoting free trade, curtailing rent-seeking (the transfer of wealth from producers to non-producers through political power), and, in most instances, eliminating monopolies. These economic views permeate the Constitution and are …
Geoengineering And The Science Communication Environment: A Cross-Cultural Experiment, Donald Braman, Dan M. Kahan, Hank C. Jenkins-Smith, Tor Tarantola, Carol L. Silva
Geoengineering And The Science Communication Environment: A Cross-Cultural Experiment, Donald Braman, Dan M. Kahan, Hank C. Jenkins-Smith, Tor Tarantola, Carol L. Silva
GW Law Faculty Publications & Other Works
We conducted a two-nation study (United States, n = 1500; England, n = 1500) to test a novel theory of science communication. The cultural cognition thesis posits that individuals make extensive reliance on cultural meanings in forming perceptions of risk. The logic of the cultural cognition thesis suggests the potential value of a distinctive two-channel science communication strategy that combines information content (“Channel 1”) with cultural meanings (“Channel 2”) selected to promote open-minded assessment of information across diverse communities. In the study, scientific information content on climate change was held constant while the cultural meaning of that information was experimentally …
An Addendum To Cox And Posner: A Visa To 'Snitch', Eleanor Marie Brown
An Addendum To Cox And Posner: A Visa To 'Snitch', Eleanor Marie Brown
GW Law Faculty Publications & Other Works
Cox and Posner’s landmark contribution is the first article to have highlighted the challenges of information asymmetry in immigration screening. While Cox and Posner have undoubtedly made a significant contribution, there is a critical oversight in their framework: they do not discuss the importance of targeted ex post mechanisms of screening educational elites. This Essay is an attempt to remedy Cox and Posner’s omission. Why is this oversight so problematic? In the post-9/11 world, U.S. immigration policy currently finds itself on the horns of a dilemma. While immigrant educational elites are critical to U.S. economic growth, terrorist networks have stepped …
Forward To Festschrift Honoring Chief Judge Rader, Martin J. Adelman
Forward To Festschrift Honoring Chief Judge Rader, Martin J. Adelman
GW Law Faculty Publications & Other Works
This Forward discusses papers that highlight the judicial work of Chief Judge Rader in the field of patent law.
The America Invents Act, Its Unique First-To-File System And Its Transfer Of Power From Juries To The United States Patent And Trademark Office, Martin J. Adelman
The America Invents Act, Its Unique First-To-File System And Its Transfer Of Power From Juries To The United States Patent And Trademark Office, Martin J. Adelman
GW Law Faculty Publications & Other Works
The signing of the Leahy-Smith America Invents Act (AIA) by President Obama on 16 September 2011 is a landmark event in the history of American patent law. It has already been the subject of numerous articles on the web and in the law reviews as well as in the popular press. I have no intention here of going into all the details of the AIA, I just want to leave the reader with a sense for its eventual impact on American patent law. All the details are to be found in its 37 sections whose titles give the reader a …
Modern Military Justice: Cases And Materials, Gregory E. Maggs, Lisa M. Schenck
Modern Military Justice: Cases And Materials, Gregory E. Maggs, Lisa M. Schenck
GW Law Faculty Publications & Other Works
Modern Military Justice: Cases and Materials (2012) is a textbook written by Professor Gregory E. Maggs and Associate Dean Lisa Schenck (both of the George Washington University Law School) and published by West (ISBN-13: 9780314268037).
This new textbook comprehensively covers the modern military justice system under the Uniform Code of Military Justice. Materials from every service within the Armed Forces show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses, such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; military offenses …
How To Choose The Least Unconstitutional Option: Lessons For The President (And Others) From The 2011 Debt Ceiling Standoff, Neil H. Buchanan, Michael C. Dorf
How To Choose The Least Unconstitutional Option: Lessons For The President (And Others) From The 2011 Debt Ceiling Standoff, Neil H. Buchanan, Michael C. Dorf
GW Law Faculty Publications & Other Works
The current successor to a federal statute first enacted in 1917, and widely known as the “debt ceiling,” limits the face value of money that the United States may borrow. Congress has repeatedly raised the debt ceiling to authorize borrowing to fill the gap between revenue and spending, but in the summer of 2011, a political standoff nearly left the government unable to borrow funds to meet obligations that Congress had affirmed earlier that very year. Some commentators urged President Obama to ignore the debt ceiling and issue new bonds, in order to comply with Section 4 of the Fourteenth …