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2000

Georgetown University Law Center

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Full-Text Articles in Law

Natural Law As Professional Ethics: A Reading Of Fuller, David Luban Dec 2000

Natural Law As Professional Ethics: A Reading Of Fuller, David Luban

Georgetown Law Faculty Publications and Other Works

In Plato's Laws, the Athenian Stranger claims that the gods will smile only on a city where the law "is despot over the rulers and the rulers are slaves of the law." This passage is the origin of the slogan "the rule of law not of men," an abbreviation of which forms our phrase "the rule of law." From Plato and Aristotle, through John Adams and John Marshall, down to us, no idea has proven more central to Western political and legal culture. Yet the slogan turns on a very dubious metaphor. Laws do not rule, and the "rule ...


Reply Brief Of Respondents Al Gore, Jr., And Florida Democratic Party, George W. Bush V. Palm Beach County Canvassing Board, No. 00-836 (U.S. Nov. 30, 2000), Neal K. Katyal, Peter J. Rubin Nov 2000

Reply Brief Of Respondents Al Gore, Jr., And Florida Democratic Party, George W. Bush V. Palm Beach County Canvassing Board, No. 00-836 (U.S. Nov. 30, 2000), Neal K. Katyal, Peter J. Rubin

U.S. Supreme Court Briefs

No abstract provided.


Supplemental Brief Of Respondents Al Gore Jr. And Florida Democratic Party, Bush V. Palm Beach County Canvassing Bd., No. 00-836 (U.S. Nov. 30, 2000), Neal K. Katyal, Peter J. Rubin Nov 2000

Supplemental Brief Of Respondents Al Gore Jr. And Florida Democratic Party, Bush V. Palm Beach County Canvassing Bd., No. 00-836 (U.S. Nov. 30, 2000), Neal K. Katyal, Peter J. Rubin

U.S. Supreme Court Briefs

No abstract provided.


Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck Nov 2000

Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.


Petition For A Writ Of Certiorari, Calhoun V. Yamaha Motor Corp, No. 00-681 (U.S. Oct 30, 2000), David C. Vladeck Oct 2000

Petition For A Writ Of Certiorari, Calhoun V. Yamaha Motor Corp, No. 00-681 (U.S. Oct 30, 2000), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.


Petition For A Writ Of Certiorari, Arons V. Office Of Disciplinary Counsel Of The Supreme Court Of De, No. 00-509 (U.S. Oct 02, 2000), David C. Vladeck Oct 2000

Petition For A Writ Of Certiorari, Arons V. Office Of Disciplinary Counsel Of The Supreme Court Of De, No. 00-509 (U.S. Oct 02, 2000), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.


Brief For Respondents Massachusetts And New Jersey, American Trucking Associations, Inc. V. Browner, Nos. 99-1257 & 99-1426 (U.S. Sep. 11, 2000), Lisa Heinzerling, Richard J. Lazarus Sep 2000

Brief For Respondents Massachusetts And New Jersey, American Trucking Associations, Inc. V. Browner, Nos. 99-1257 & 99-1426 (U.S. Sep. 11, 2000), Lisa Heinzerling, Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.


Secret Evidence Repeal Act Of 1999, Part 2: Hearing Before The H. Comm. On The Judiciary, 106th Cong., May 23, 2000 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole May 2000

Secret Evidence Repeal Act Of 1999, Part 2: Hearing Before The H. Comm. On The Judiciary, 106th Cong., May 23, 2000 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.


Brief For William E. Brock And John Mccain Et Al., California Democratic Party V. Jones, No. 99-401 (U.S. Mar. 30, 2000), Viet D. Dinh, Paul F. Rothstein, Roy A. Schotland, Don Wallace Jr. Mar 2000

Brief For William E. Brock And John Mccain Et Al., California Democratic Party V. Jones, No. 99-401 (U.S. Mar. 30, 2000), Viet D. Dinh, Paul F. Rothstein, Roy A. Schotland, Don Wallace Jr.

U.S. Supreme Court Briefs

No abstract provided.


Private Property Rights And Telecommunications Policy: Hearing Before The H. Comm. On The Judiciary, 106th Cong., Mar. 21, 2000 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh Mar 2000

Private Property Rights And Telecommunications Policy: Hearing Before The H. Comm. On The Judiciary, 106th Cong., Mar. 21, 2000 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.


Unborn Victims Of Violence Act Of 1999: Hearing On S. 1673 Before The S. Comm. On The Judiciary, 106th Cong., Feb. 23, 2000 (Statement Of Peter J. Rubin, Prof. Of Law, Geo. U. L. Center), Peter J. Rubin Feb 2000

Unborn Victims Of Violence Act Of 1999: Hearing On S. 1673 Before The S. Comm. On The Judiciary, 106th Cong., Feb. 23, 2000 (Statement Of Peter J. Rubin, Prof. Of Law, Geo. U. L. Center), Peter J. Rubin

Testimony Before Congress

No abstract provided.


Secret Evidence Repeal Act Of 1999, Part 1: Hearing Before The H. Comm. On The Judiciary, 106th Cong., Feb. 10, 2000 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole Feb 2000

Secret Evidence Repeal Act Of 1999, Part 1: Hearing Before The H. Comm. On The Judiciary, 106th Cong., Feb. 10, 2000 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.


Petition For A Writ Of Certiorari, Cayetano V. Chevron Usa, Inc., No. 00-1198 (U.S. Jan. 24, 2000), J. Peter Byrne Jan 2000

Petition For A Writ Of Certiorari, Cayetano V. Chevron Usa, Inc., No. 00-1198 (U.S. Jan. 24, 2000), J. Peter Byrne

U.S. Supreme Court Briefs

No abstract provided.


Thirty Years Of Environmental Protection Law In The Supreme Court, Richard J. Lazarus Jan 2000

Thirty Years Of Environmental Protection Law In The Supreme Court, Richard J. Lazarus

Georgetown Law Faculty Lectures and Appearances

It is an honor to present a lecture named after Lloyd Garrison and to be here at Pace Law School. It is especially fitting, of course, that the first Garrison Lecture was presented by Pace's own David Sive. Professor Sive, as we all know, worked closely with Garrison on the celebrated Scenic Hudson litigation. Few legal counsel have been so closely identified with the emergence of the environmental law profession during the past three decades. Indeed, if there were such a thing as a legal thesaurus that linked substantive areas of law with lawyers and one looked up "environ-mental ...


The Canon(S) Of Constitutional Law: An Introduction, Mark V. Tushnet Jan 2000

The Canon(S) Of Constitutional Law: An Introduction, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

Any discipline has a canon, a set of themes that organize the way in which people think about the discipline. Or, perhaps, any discipline has a number of competing canons. Is there a canon of constitutional law? A group of casebook authors met in December 1999 to discuss the choices they had made - what they had decided to include, what to exclude, what they regretted excluding (or including), what principles they used in developing their casebooks. Most of the authors were affiliated with law schools, but some had developed coursebooks for use in undergraduate political science and constitutional history courses ...


Impeachment As Congressional Constitutional Interpretation, Neal K. Katyal Jan 2000

Impeachment As Congressional Constitutional Interpretation, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Constitutionalists have assumed, too quickly in my view, that symmetry should exist between the interpretive styles of the courts and Congress. This assumption, which I shall call the myth of interpretive symmetry, slights the many reasons why an interpretive method may work well in one area and not work as well in another. Instead of mapping out all these possible divergences, I illustrate the point with three examples: the roles of history, precedent, and moral philosophy. I show how, in each instance, arguments can be made to suggest that divergent institutional roles should be taken into account in formulating a ...


The Public Health Improvement Process In Alaska: Toward A Model Public Health Law, Lawrence O. Gostin, James G. Hodge Jr. Jan 2000

The Public Health Improvement Process In Alaska: Toward A Model Public Health Law, Lawrence O. Gostin, James G. Hodge Jr.

Georgetown Law Faculty Publications and Other Works

In this Article, we present the findings of our study on the improvement of public health law in Alaska. We examine and analyze the public health laws supporting the state's public health system. The fact that Alaska has attained statehood comparatively recently, and has a governing structure involving state, municipal, rural, and tribal entities presents unique opportunities for the State to improve its public health system and its supporting legal infrastructure


Is The Rule Of Law Cosmopolitan?, Robin West Jan 2000

Is The Rule Of Law Cosmopolitan?, Robin West

Georgetown Law Faculty Publications and Other Works

What I will argue in the bulk of the paper is that whether or not the rule of law implies ethical cosmopolitanism depends: it depends on how we understand or interpret the legalistic sense of justice that law and the rule of law seemingly require. The virtue that we sometimes call legal justice, and the correlative meaning of the rule of law to which it is yoked, can plausibly be subjected to a range of different interpretations, each resting on quite different understandings of the point of law and of what the individual law is meant to protect. Some of ...


Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort Jan 2000

Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

This article is an effort to rethink civil liability in capital-raising transactions by large capitalization issuers. After a brief digression about who should set liability standards, the article then addresses two related questions. The first deals with a natural question: Should not the primary regulatory effort for large issuers be to assure continuous disclosure in the secondary marketplace, given the far larger volume of such trading in that market compared to that in primary transactions? Second, if we have developed a satisfactory regime of disclosure responsibilities for this setting, what more, if anything, in terms of liability protection, is needed ...


“Environmental Racism! That’S What It Is.”, Richard J. Lazarus Jan 2000

“Environmental Racism! That’S What It Is.”, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In this essay, Professor Lazarus discusses former NAACP director the Rev. Dr. Benjamin Chavis's characterization of U.S. environmental policy as "environmental racism." He first justifies this provocative topic choice and then suggests that Chavis's allegation has transformed environmental law. Professor Lazarus next discusses the details of this transformation, arguing that Rev. Chavis has essentially reshaped the way environmental law and justice are conceived. He offers examples of various environmental programs and social and political effects traceable to Chavis's environmental racism comment. Finally, the conclusion provides some of the author's ruminations about the future of environmental ...


When Winning Isn’T Everything: The Lawyer As Problem Solver, Carrie Menkel-Meadow Jan 2000

When Winning Isn’T Everything: The Lawyer As Problem Solver, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Today I want to address the question of what the modern lawyer needs to know and what the modern lawyer must know how to do to be good at what he or she does, to be helpful to clients, to lead a fulfilling life, and hopefully, to leave the world a better place than he or she first found it. I went to law school to work on that illusive jurisprudential concept - justice. On the outside walls of the Edward Bennett Williams Library where I work in Washington, DC, is a quote, which we attribute to a former Georgetown student ...


Defending The Innocent, Abbe Smith Jan 2000

Defending The Innocent, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Of the legal scholarship examining the representation of the innocent accused, most has to do with guilty pleas, not trial or post-trial advocacy. Most of this literature is concerned with the pressure put on innocent defendants to plead guilty in order to receive a more lenient sentence than what they would get if found guilty at trial. This problem is compounded by the inability of poor defendants to make bail. Unfortunately, there are other, equally insidious ways to pressure innocent defendants to plead guilty. When addressing the question of defending the innocent at trial or in a post-conviction challenge, most ...


Foreword: Law, Psychology, And The Emotions, Heidi Li Feldman Jan 2000

Foreword: Law, Psychology, And The Emotions, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Given that law is made by and for people, the relatively little attention lawyers, judges, and legal scholars have paid to human psychology is surprising. Too often, legal writers have either presupposed or borrowed impoverished conceptions of human nature, erecting legal theories for people presumptively possessed of the requisite nature, regardless of the psychology of the actual persons who make and live under the law. Even when they do attend to human nature, legal scholars tend to ignore the centrality of emotions, dispositions, fantasies, and wishes to human psychology. The articles in this Symposium are united by their authors' resistance ...


The Rights Of Statistical People, Lisa Heinzerling Jan 2000

The Rights Of Statistical People, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

In this Comment, I argue that the use of cost-benefit analysis to evaluate life-saving regulatory programs has, in a society that eschews reliance on cost-benefit analysis in other life-saving situations, been justified by the creation of a new kind of entity-the statistical person. A primary feature of the statistical person, as I will explain, is that she is unidentified; she is no one's sister, or daughter, or mother. Indeed, in one conception, the statistical person is not a person at all, but rather only a collection of risks. By distinguishing statistical lives from the lives of those we know ...


Preemption & Human Rights: Local Options After Crosby V. Nftc, Robert Stumberg Jan 2000

Preemption & Human Rights: Local Options After Crosby V. Nftc, Robert Stumberg

Georgetown Law Faculty Publications and Other Works

In June 2000, the Supreme Court held in Crosby v. National Foreign Trade Council (NFTC) that federal sanctions against Burma preempted the Massachusetts Burma law. With its "Burma Law," Massachusetts sought to replicate the anti-Apartheid boycott, one of the most successful human rights campaigns in history. Massachusetts' Burma law authorized state agencies to exercise a strong purchasing preference in favor of companies that do not conduct business in Burma unless the preference would impair essential purchases or result in inadequate competition.

In Crosby, the Court held that Congress preempted the Massachusetts Burma law when it adopted federal sanctions on Burma ...


Should Lucas V. South Carolina Coastal Council Protect Where The Wild Things Are? Of Beavers, Bob-O-Links, And Other Things That Go Bump In The Night, Hope M. Babcock Jan 2000

Should Lucas V. South Carolina Coastal Council Protect Where The Wild Things Are? Of Beavers, Bob-O-Links, And Other Things That Go Bump In The Night, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Lucas v. South Carolina Coastal Council is one of several recent Supreme Court decisions in which the Court used the Just Compensation Clause as a "weapon of reaction" to strike down an offending land use restriction. In Lucas, the target of the Court's animus was a state law prohibiting a landowner from developing two beachfront lots. The South Carolina Supreme Court upheld the law as a legitimate exercise of the State's police power to protect the public from harm in the face of a takings challenge by the landowner. The U.S. Supreme Court rejected the South Carolina ...


Imagining Justice, Robin West Jan 2000

Imagining Justice, Robin West

Georgetown Law Faculty Publications and Other Works

As we approach the new century and the new millennium, those of us who are legal professionals in liberal capitalist democracies need to drastically improve our practices of law if we are to bring those practices in line with our professed ideals. The commodification and marketing of legal services, for example, combined with a nearly blind commitment to overly combative advocacy, puts legal assistance beyond the means of large segments of the public, severely undercutting our commitment to equality before the law. A different and perhaps harder question, however, is whether the ideals against which we judge our practices are ...


Eleventh Amendment Schizophrenia, Carlos Manuel Vázquez Jan 2000

Eleventh Amendment Schizophrenia, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

This article argues that conflicting analytical strains run through the Supreme Court's recent majority opinions in the area of state sovereign immunity. The "supremacy" strain stresses that, despite the Eleventh Amendment, the states remain obligated to comply with federal law, and that the Constitution envisions the "necessary judicial means" to enforce these obligations against the state. These means include suits by the federal government, private suits for injunctive relief, and suits seeking damages from state officials in their individual capacities. Thus, according to the supremacy strain, state sovereign immunity is unimportant because it merely bars unnecessary means of enforcing ...


The Difference In Women’S Hedonic Lives: A Phenomenological Critique Of Feminist Legal Theory, Robin West Jan 2000

The Difference In Women’S Hedonic Lives: A Phenomenological Critique Of Feminist Legal Theory, Robin West

Georgetown Law Faculty Publications and Other Works

Part One of this article provides a phenomenological and hedonic critique of the conception of the human - and thus the female - that underlies liberal legal feminism. Part Two presents a phenomenological critique of the conception of the human - and thus the female - which underlies radical feminist legal criticism. Again, I will argue that in both cases the theory does not pay enough attention to feminism: liberal feminist legal theory owes more to liberalism than to feminism and radical feminist legal theory owes more to radicalism than it does to feminism. Both models accept a depiction of human nature which is ...


Restoring What’S Environmental About Environmental Law In The Supreme Court, Richard J. Lazarus Jan 2000

Restoring What’S Environmental About Environmental Law In The Supreme Court, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In this Article, Professor Richard Lazarus examines the votes of the individual Justices who have decided environmental law cases before the United States Supreme Court during the past three decades. The Article reports on a number of interesting statistics regarding the identity of those Justices who have most influenced the Court's environmental law jurisprudence and the sometimes curious patterns in voting exhibited by individual Justices. Lazarus's thesis is that the Supreme Court's apparent apathy or even antipathy towards environmental law during that time results from the Justices' failure to appreciate environmental law as a distinct area of ...