Law Commons^™

Brief For Amici Curiae Aarp Et Al., United States Department Of Housing And Urban Development V. Rucker Et Al., Nos. 00-1770 & 00-1781 (U.S. Dec. 20, 2001), Peter B. Edelman

U.S. Supreme Court Briefs

No abstract provided.

Brief In Opposition, Nevada Department Of Human Resources V. Hibbs, No. 01-1368 (U.S. 2001), Cornelia T. Pillard

U.S. Supreme Court Briefs

No abstract provided.

Department Of Justice Oversight: Preserving Our Freedoms While Defending Against Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Dec. 6, 2001 (Statement Of Neal Kumar Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal

Testimony Before Congress

No abstract provided.

Direct Broadcast Satellite Service And Competition In The Multichannel Video Distribution Market: Hearing Before The H. Comm. On The Judiciary, 107th Cong., Dec. 4, 2001 (Statement Of Robert Pitofsky, Prof. Of Law, Geo. U. L. Center), Robert Pitofsky

Testimony Before Congress

No abstract provided.

Petition For A Writ Of Certiorari, Minority Media And Telecommunications Council V. Md/Dc/De Broadcasters Ass'n, No. 01-639 (U.S. Oct. 17, 2001), Angela J. Campbell, Amy S. Wolverton

U.S. Supreme Court Briefs

No abstract provided.

Protecting Constitutional Freedoms In The Face Of Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Oct. 3, 2001 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Judicial Nomination And Confirmation Process: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Sept. 4, 2001 (Statement Of Mark V. Tushnet, Prof. Of Law, Geo. U. L. Center), Mark V. Tushnet

Testimony Before Congress

No abstract provided.

Petition For A Writ Of Certiorari, Time Warner Entertainment Co. V. F.C.C., No. 01-223 (U.S. Aug. 08, 2001), Fernando Bohorquez, Jr., Angela J. Campbell

U.S. Supreme Court Briefs

No abstract provided.

Listing And Delisting Processes Under The Endangered Species Act: Hearing Before The S. Subcomm. On Fisheries, Wildlife And Water, 107th Cong., May 9, 2001 (Statement Of John D. Echeverria, Dir. Environmental Policy Project, Geo. U. L. Center), John D. Echeverria

Testimony Before Congress

No abstract provided.

Free Trade Deals: Is The U.S. Losing Ground As Its Trading Partners Move Ahead: Hearing Before The H. Subcomm. On Trade Of The H. Comm. On Ways And Means, 107th Cong., Mar. 29, 2001 (Statement Of Daniel K. Tarullo, Prof. Of Law, Geo. U. L. Center), Daniel K. Tarullo

Testimony Before Congress

No abstract provided.

Brief Amici Curiae Of Legal Historians Listed Herein In Support Of Respondent, I.N.S. V. St. Cyr, No. 00-767 (U.S. Mar. 27, 2001), ., James Oldham

U.S. Supreme Court Briefs

No abstract provided.

Privacy In The Commercial World: Online Consumer Privacy Concerns: Hearing Before The H. Subcomm. On Commerce, Trade, And Consumer Protection Of The H. Comm. On Energy, 107th Cong., Mar. 1, 2001 (Statement Of Chai R. Feldblum, Prof. Of Law, Geo. U. L. Center), Chai R. Feldblum

Testimony Before Congress

No abstract provided.

Reply To Brief In Opposition, Chris V. Tenet, No. 00-829 (U.S. Feb. 12, 2001), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Brief For Respondents, Palazzolo V. Rhode Island Ex. Rel. Tavares, No. 99-2047 (U.S. Jan. 3, 2001), Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

Welfare, Children And Families: The Impact Of Welfare Reform In The New Economy, William Julius Wilson

Philip A. Hart Memorial Lecture

In 2001, University Professor, William Julius Wilson of Harvard University, delivered the Georgetown Law Center’s twenty-first Annual Philip A. Hart Memorial Lecture: "Welfare, Children and Families: The Impact of Welfare Reform in the New Economy."

William Julius Wilson is Lewis P. and Linda L. Geyser University Professor at Harvard University. He is one of only 20 University Professors, the highest professional distinction for a Harvard faculty member. After receiving the Ph.D. from Washington State University in 1966, Wilson taught sociology at the University of Massachusetts at Amherst, before joining the University of Chicago faculty in 1972. In 1990 he was …

Poverty & Welfare: Does Compassionate Conservatism Have A Heart?, Peter B. Edelman

Georgetown Law Faculty Lectures and Appearances

I am honored to deliver a lecture in memory of Edward Sobota, especially because such distinguished speakers have preceded me.

Our question here is: does compassionate conservatism have a heart? Almost five years have passed since the 1996 welfare law was enacted. So, we might ask, where are we and where are we going, and even more to the point, what are the prospects for better policy and outcomes on poverty generally? One American child in six is still poor, and the number of families in economic difficulty is much larger than that. That is the context in which we …

Accommodating The Public Sphere: Beyond The Market Model, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

This Essay has two major components. First, in Parts I and II, I describe and critique the Court's opinion in Dale, beginning with an examination of the social origins of scouting, then proceeding to an analysis of Dale. Second, in Parts III and IV, I place the questions raised in Dale in another context in which they belong but are seldom analyzed, that of the jurisprudence of public accommodations laws . . . In conclusion, I join the two major themes by framing Dale's claim as the latest in a series of cases that have invoked an evolving understanding of …

Race And Discretion In American Medicine, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

The author’s focus in this article is on racial disparities in medical care provision--that is, on differences in the services that clinically similar patients receive when they present to the health care system. Racial disparities in health status, which is not greatly influenced (on a population-wide basis) by medical care, are beyond his scope here. Disparities in medical care access-potential patients' ability, financial and otherwise, to gain entry to the health care system in the first place, are also outside his focus. The author begins this article by putting the problem of racial disparities in medical care provision within the …

Out Of The Ordinary: Law, Power, Culture, And The Commonplace, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

Review of The Common Place of Law: Stories From Everyday Life by Patricia Ewick & Susan S. Silbey (1998).

Sometimes a work's intellectual influences reveal both its strengths and its shortcomings. This is certainly the case with Patricia Ewick and Susan Silbey's The Common Place of Law: Stories From Everyday Life, and its indebtedness to the thinking of Michel Foucault and Michel de Certeau. Taken together, Foucault and de Certeau's work suggests that investigations of law's power are most fruitful not at the level of legal institutions and the state but at the level of lived experience, where we …

The Market For Medical Ethics, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

At the core of Kenneth Arrow’s classic 1963 essay on medical uncertainty is a claim that has failed to carry the day among economists. This claim—that physician adherence to an anti-competitive ethic of fidelity to patients and suppression of pecuniary influences on clinical judgment pushes medical markets toward social optimality—has won Arrow near-iconic status among medical ethicists (and many physicians). Yet conventional wisdom among health economists, including several participants in this symposium, holds that this claim is either naïve or outdated. Health economists admire Arrow’s article for its path-breaking analysis of market failures resulting from information asymmetry, uncertainty, and moral …

Secrecy, Guilt By Association, And The Terrorist Profile, David Cole

Georgetown Law Faculty Publications and Other Works

In this essay, I will argue that the use of secret procedures and guilt by association in immigration trials is not only unconstitutional but counterproductive. I will begin with a case study, then discuss in turn the practices of secret evidence and guilt by association, and finally conclude with a consideration of how these two tactics perpetuate invidious stereotypes about Arabs and Muslims.

Poverty And Welfare Policy In The Post-Clinton Era, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

This is an important time to talk about people in need. There have been major changes recently in public policy toward those in need, and we have seen enough of their effect to be able to discuss the next steps. We have a new President and Congress. A recession is looking more probable by the day. And the 1996 welfare law is coming up for reauthorization in 2002. So this is a good time to look at how we are doing and what we need to do.

Disability, Federalism, And A Court With An Eccentric Mission, Michael H. Gottesman

Georgetown Law Faculty Publications and Other Works

This article examines the Supreme Court's recent Eleventh and Fourteenth Amendment decisions constraining Congress's power to impose legal obligations on state governments. The context for this examination is the Court's consideration this Term of the constitutionality of the provision of the Americans with Disabilities Act authorizing individual suits against states by persons alleging they have been victimized by state disability discrimination. This article was written while the fate of the ADA case was unknown. But the Court issued its decision just as this article was going to press. A postscript has been added describing that decision and its implications. The …

Cook V. Gralike: Easy Cases And Structural Reasoning, Vicki C. Jackson

Georgetown Law Faculty Publications and Other Works

In Cook v Gralike, the Court - unanimous as to result - struck down a Missouri initiative amending the state constitution to require that the failure of candidates for U.S. Congress to support a particular term-limits amendment to the United States Constitution be noted on the ballot. In an opinion joined by seven Justices, the Court held that the Missouri law exceeded the scope of states' powers to regulate the "time, place and manner" of holding congressional elections . . . The opinions are analyzed preliminarily in Part I. Part II below suggests that even if there were no Elections …

Academic Freedom Of Part-Time Faculty, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Everyone assumes that part-time faculty should enjoy a full measure of academic freedom. The American Association of University Professors (AAUP) has consistently argued for it. Martin Michaelson's draft "Academic Freedom Policy and Procedures," a touchstone for this symposium, accords academic freedom through contract to full-time and part-time faculty without distinction. A recent article in the Chronicle of Higher Education raised the alarm that "To Many Adjunct Professors, Academic Freedom Is a Myth;" nowhere did it question the normative claim that an adjunct should enjoy complete academic freedom.

Proportional Equality: Readings Of Romer, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

One of the great enigmas of equal protection law is Romer v. Evans. In finding sufficient power in the rational basis test to invalidate a state constitutional amendment enacted by popular vote, the Supreme Court left legal scholars in its doctrinal dust, puzzled over the answers to multiple questions. Was this a new rational basis test? If so, how could one know when to apply it? Had the standard of review for state acts adversely affecting lesbian, gay and bisexual Americans changed? If so, to what? Had Bowers v. Hardwick been overruled? If so, why?

In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

It is natural - I suppose it is expected - for every Solicitor General to hold forth at some point during his tenure with pearls of wisdom on the Twelve Secrets, or Ten Commandments, or Five Essential Rules of effective oral advocacy. I have always been reluctant to do that . . . reluctantly, after years of resistance, I too will unburden myself of a few principles. First, though, I would like to reach back in history for some inspiration by reflecting a bit on Daniel Webster.

Planet Asian America, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

In forming the Asian Law Caucus, the elders - some of whom are here in this room - chose resistance. They created a space in which Asian Americans were in charge, deciding what mattered to them and what strategies worked for them. If someone else were in charge, things would have gone differently. Risks were taken, and victories were won that would not have happened using traditional litigation strategies or leaving the work to traditional civil rights organizations. It was important to create an Asian American space to do this work: to fight Chinatown evictions, to pursue redress for the …

A Conversation On Federalism And The States: The Balancing Act Of Devolution, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

If you consider whether there might be a national definition of benefit levels in welfare, you might well ask whether there is a state-by-state difference in people's needs. There are some regional differences in cost of living, but, otherwise, you eat, you need shelter, and so on. The history of disability policy is very interesting in this regard because from 1935 until 1972 (apart from the addition of social security disability in the 1950s), disability was handled as a welfare category. There were separate welfare programs for the aged, blind, and the disabled, and they were structured the way Aid …

No Equal Justice, David Cole

Georgetown Law Faculty Publications and Other Works

I argue that while our criminal justice system is explicitly based on the premise and promise of equality before the law, the administration of criminal law—whether by the officer on the beat, the legislature, or the Supreme Court—is in fact predicated on the exploitation of inequality. My claim is not simply that we have ignored inequality’s effects within the criminal justice system, nor that we have tried but failed to achieve equality there. Rather, I contend that our criminal justice system affirmatively depends on inequality. Absent race and class disparities, the privileged among us could not enjoy as much constitutional …