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Articles 61 - 73 of 73
Full-Text Articles in Law
Voice Identification Experts, Stephen A. Saltzburg
Voice Identification Experts, Stephen A. Saltzburg
GW Law Faculty Publications & Other Works
This article examines United States v. Schiro, 679 F.3d 521 (7th Cir. 2012) and the issue of reliability of voice identification or "earwitness identification." Given that mistaken eyewitness identification is a major contributor to wrongful convictions, courts should instruct jurors of the frequency of voice identification mistakes. In addition, jurors should be educated as to factors that promote or detract from accuracy. Jurors should be instructed to examine identification testimony carefully.
Child Testimony And The Right To Present A Defense, Stephen A. Saltzburg
Child Testimony And The Right To Present A Defense, Stephen A. Saltzburg
GW Law Faculty Publications & Other Works
This article discusses the importance of a child's testimony in a criminal prosecution by examining Harris v. Thompson, 698 F.3d 609 (7th Cir. 2012). In this case, a child's testimony was excluded, violating the defendant's right to present a complete defense.
In The Civic Republic: Crime, The Inner City, And The Democracy Of Arms - Being A Disquisition On The Revival Of The Militia At Large, Robert J. Cottrol, Raymond T. Diamond
In The Civic Republic: Crime, The Inner City, And The Democracy Of Arms - Being A Disquisition On The Revival Of The Militia At Large, Robert J. Cottrol, Raymond T. Diamond
GW Law Faculty Publications & Other Works
This Article examines the modern utility of the Second Amendment's guarantee of "the right to keep and bear arms" in light of the phenomenon of modern crime, particularly black-on-black violence in urban America. Although many advocates of gun control have argued that crime in modern cities is a reason for modifying or severely truncating the right to have arms, the Authors argue that the right to have arms and the Second Amendment's notion of a universal militia can be the basis of a new partnership between police and citizens in urban America. This new partnership can, if properly developed, be …
Affirmative Action, Robert J. Cottrol, Megan Davis
Affirmative Action, Robert J. Cottrol, Megan Davis
GW Law Faculty Publications & Other Works
Affirmative action refers to a range of governmental policies designed to foster greater opportunities for racial and ethnic groups that have a traditionally been victims of discrimination. These policies are also frequently extended to women and to individuals who have suffered from socio-economic disadvantage. Affirmative action has generally been less controversial when based on class or gender instead of race. Affirmative action policies have taken the form of quotes for members of previously disadvantaged groups, preferential weighting of applicants for employment and university admissions and governmental pressure to increase recruitment of members of groups that have long suffered from discrimination. …
Bargaining In The Shadow Of The Debt Ceiling: When Negotiating Over Spending And Tax Laws, Congress And The President Should Consider The Debt Ceiling A Dead Letter, Neil H. Buchanan, Michael C. Dorf
Bargaining In The Shadow Of The Debt Ceiling: When Negotiating Over Spending And Tax Laws, Congress And The President Should Consider The Debt Ceiling A Dead Letter, Neil H. Buchanan, Michael C. Dorf
GW Law Faculty Publications & Other Works
If the debt ceiling is inconsistent with existing spending and taxing laws, what must the President do? In earlier work, we argued that when Congress creates a “trilemma” — making it impossible for the President to spend as much as Congress has ordered, to tax only as much as Congress has ordered, and to borrow no more than Congress has permitted — the Constitution requires the President to choose the least unconstitutional path. In particular, he must honor Congress’s decisions and priorities regarding spending and taxing, and he must issue enough debt to do so. Here, we extend the analysis …
Mapping The Law Of Wto Accession, Steve Charnovitz
Mapping The Law Of Wto Accession, Steve Charnovitz
GW Law Faculty Publications & Other Works
The member countries of the World Trade Organization (WTO) joined either as original members or through the Article XII accession process. To date, over 20 members have joined through accession including most notably China in 2001. Recently, Vietnam completed its accession negotiations and Russia made do so sometime in 2007. Governments joining the WTO through accession have to abide by WTO rules, as all members do, but applicant governments are also often asked to accept individualized rules tailored for them through negotiations. These special rules have not received extensive examination in previous scholarship. The purpose of this article is to …
The Gender/Class Divide: Reproduction, Privilege And The Workplace, Naomi R. Cahn, June Carbone
The Gender/Class Divide: Reproduction, Privilege And The Workplace, Naomi R. Cahn, June Carbone
GW Law Faculty Publications & Other Works
This article evaluates the relationship between workplace equality and the technology of egg freezing, which allows women to “bank” their eggs until they are ready to use them. As the workplace increasingly rewards education and career investment, middle class women postpone family formation until they have attained a measure of financial security and the maturity to balance dual earner arrangements. Yet, as they age, their reproductive potential diminishes dramatically. By contrast, women who do not complete college (and aren’t even thinking about graduate school) bear children at different times in their life cycles, with less leverage with employers, and different …
National Treatment In Copyright And Related Rights: How Much Work Does It Do?, Robert Brauneis
National Treatment In Copyright And Related Rights: How Much Work Does It Do?, Robert Brauneis
GW Law Faculty Publications & Other Works
The obligation of national treatment makes an appearance in all five of the major active multilateral treaties concerning copyright and related rights, including the Berne Convention, the Rome Convention, the TRIPS Agreement, the WIPO Copyright Treaty (“WCT”), and the WIPO Performances and Phonograms Treaty (“WPPT”), a group I will collectively call the “five CRR treaties.” It is principally lauded for its substantive bite, as a rule requiring that treaty parties extend protection to non-nationals on the same terms as they do to their own nationals. Yet there are reasons to question whether the national treatment obligations imposed by the five …
Privacy Self-Management And The Consent Dilemma, Daniel J. Solove
Privacy Self-Management And The Consent Dilemma, Daniel J. Solove
GW Law Faculty Publications & Other Works
The current regulatory approach for protecting privacy involves what I refer to as “privacy self-management” — the law provides people with a set of rights to enable them to decide how to weigh the costs and benefits of the collection, use, or disclosure of their information. People’s consent legitimizes nearly any form of collection, use, and disclosure of personal data.
Although privacy self-management is certainly a necessary component of any regulatory regime, I contend in this Article that it is being asked to do work beyond its capabilities. Privacy self-management does not provide meaningful control. Empirical and social science research …
Reconciling Personal Information In The United States And European Union, Daniel J. Solove, Paul M. Schwartz
Reconciling Personal Information In The United States And European Union, Daniel J. Solove, Paul M. Schwartz
GW Law Faculty Publications & Other Works
US and EU privacy law diverge greatly. At the foundational level, they diverge in their underlying philosophy: In the US, privacy law focuses on redressing consumer harm and balancing privacy with efficient commercial transactions. In the EU, privacy is hailed as a fundamental right that trumps other interests. Even at the threshold level - determining what information is covered by the regulation - the US and EU differ significantly. The existence of personal information - commonly referred to as “personally identifiable information” (PII) - is the trigger for when privacy laws apply. PII is defined quite differently in US and …
The Financing Of Small Businesses: A Functional Analysis Of Three Legal Models, John Andrew Spanogle Jr.
The Financing Of Small Businesses: A Functional Analysis Of Three Legal Models, John Andrew Spanogle Jr.
GW Law Faculty Publications & Other Works
This paper discusses the three legal regimes which furnish models of laws designed to promote the use of moveables and intangibles to finance small businesses. One is the nantissement de fonds de commerce, a device used in the French law which creates a mortgage on a business - or at least some parts of it. The second is the registered charge of the European Bank's Model Law on Secured Transactions, which is modeled in large part on the English financing device called a floating charge. The third is the North American security interest used in Article 9 of the Uniform …
Emerging Policy And Practice Issues (2012), Steven L. Schooner, David J. Berteau
Emerging Policy And Practice Issues (2012), 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 2012), attempts to identify the key trends and issues for 2013 in U.S. federal procurement. Budgetary and financial insecurity emerge as the most significant emerging issues in government contracting. Consistent with prior practice, this chapter offers extensive coverage of the federal procurement spending trend and attempts to predict what lies ahead. Among other things, it discusses the pending sequestration, procurement spending rates, agency purchasing data (particularly at the Defense Department, Department of Homeland Security, and the Department of State and the Agency for International Development), grants spending, …
Anti-Corruption Internationally: Challenges In Procurement Markets Abroad—Part Ii:The Path Forward For Using Procurement Law To Help With Development And The Fight Against Corruption, Daniel I. Gordon
GW Law Faculty Publications & Other Works
This paper, presented at the West Government Contracts Year in Review Conference (covering 2012), discusses developing issues in international public procurement. Among other things, the paper suggests that there is growing recognition of the role that procurement can play in national development and the fight against corruption. In the paper the author points out that, while there is a worldwide trend toward more and more similar procurement systems, that trend does not mean that procurement systems are becoming, or should become, uniform. Moreover, the author contends in the paper that procurement law has only a limited role in national development …