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2010

Georgetown University Law Center

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Full-Text Articles in Law

Supreme Court Of The United States, October Term 2010 Preview, Update: December 7, 2010, Georgetown University Law Center, Supreme Court Institute Dec 2010

Supreme Court Of The United States, October Term 2010 Preview, Update: December 7, 2010, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Family Security Insurance: A New Foundation For Economic Security, Workplace Flexibility 2010, Georgetown University Law Center, Berkeley Center On Health, Economic & Family Security, Uc Berkeley School Of Law Dec 2010

Family Security Insurance: A New Foundation For Economic Security, Workplace Flexibility 2010, Georgetown University Law Center, Berkeley Center On Health, Economic & Family Security, Uc Berkeley School Of Law

Published Reports

A report released by Georgetown Law's Workplace Flexibility 2010 and the Berkeley Center on Health, Economic & Family Security (Berkeley CHEFS) outlining a blueprint for establishing and financing a new national insurance program to provide wage replacement for time off for health and caregiving needs. The report describes the need among working Americans for time off from work to address personal illness, to care for a new child, or to care for a loved one with a serious illness. It argues that the need for time off is no longer an issue for individual families or select industries, but a ...


Hope And Betrayal On Death Row, David Cole Nov 2010

Hope And Betrayal On Death Row, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Electronic Communications Privacy Act And The Revolution In Cloud Computing : Hearing Before The Subcomm. On The Constitution, Civil Rights, And Civil Liberties Of The H. Comm. On The Judiciary, 111th Cong., Sept. 23, 2010 (Statement By Adjunct Professor Marc J. Zwillinger, Geo. U. L. Center), Marc J. Zwillinger Sep 2010

Electronic Communications Privacy Act And The Revolution In Cloud Computing : Hearing Before The Subcomm. On The Constitution, Civil Rights, And Civil Liberties Of The H. Comm. On The Judiciary, 111th Cong., Sept. 23, 2010 (Statement By Adjunct Professor Marc J. Zwillinger, Geo. U. L. Center), Marc J. Zwillinger

Testimony Before Congress

ECPA has functioned fairly well during its first 20 years in striking the right balance between law enforcement needs and the privacy expectation of U.S. citizens. But when it was initially passed in 1986, Congress recognized that the “law must advance with the technology to ensure the continued vitality of the fourth amendment.” Based on my experience as an ECPA practitioner for the past 13 years, I believe the time is ripe for another advancement. I hope you will consider these perspectives in crafting legislation that balances law enforcement needs and user privacy in a manner that reflects the ...


Supreme Court Of The United States, October Term 2010 Preview, Georgetown University Law Center, Supreme Court Institute Sep 2010

Supreme Court Of The United States, October Term 2010 Preview, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Overview Of Job Protected Leave, Workplace Flexibility 2010, Georgetown University Law Center Sep 2010

Overview Of Job Protected Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

An overview of job protected leave by number of employees and state.


Online Privacy, Social Networking, And Crime Victimization : Hearing Before The H. Subcomm. On Crime, Terrorism, And Homeland Security Of The H. Comm. On The Judiciary, 111th Cong., July 28, 2010 (Statement By Adjunct Professor Marc Rotenberg, Geo. U. L. Center), Marc Rotenberg Jul 2010

Online Privacy, Social Networking, And Crime Victimization : Hearing Before The H. Subcomm. On Crime, Terrorism, And Homeland Security Of The H. Comm. On The Judiciary, 111th Cong., July 28, 2010 (Statement By Adjunct Professor Marc Rotenberg, Geo. U. L. Center), Marc Rotenberg

Testimony Before Congress

Mr. Chairman, Facebook is a tremendous service, with the scope of email, the telephone, and even the Internet itself. It is also the source of many of the privacy concerns of users today. The critical problem is not what users post; it is that the Facebook changes the privacy settings too frequently and Facebook makes it too difficult for users to selectively post information. Self‐regulation has not worked because the FTC has been reluctant to pursue investigations. So, EPIC recommends changes to ECPA in Title 18 that would give users greater control of their information and reduce risk when ...


Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern Jul 2010

Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Sovereign wealth funds – state-controlled transnational portfolio investment vehicles – began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no particular desire to collaborate. But SWFs as a group implicated the triple challenge of securing cooperation between deficit and surplus states, designing a legal framework for global capital flows, and integrating state actors in the transnational marketplace. This Article describes how an apparently artificial grouping of investors, made salient by the historical and political circumstances of their host states in the mid-2000s, became a vehicle for addressing some of the hardest ...


Planning For The Future Of Cyber Attack Attribution : Hearing Before The H. Subcomm. On Technology And Innovation Of The H. Comm. On Science And Technology, 111th Cong., July 15, 2010 (Statement By Adjunct Professor Marc Rotenberg, Geo. U. L. Center), Marc Rotenberg Jul 2010

Planning For The Future Of Cyber Attack Attribution : Hearing Before The H. Subcomm. On Technology And Innovation Of The H. Comm. On Science And Technology, 111th Cong., July 15, 2010 (Statement By Adjunct Professor Marc Rotenberg, Geo. U. L. Center), Marc Rotenberg

Testimony Before Congress

Steve Bellovin, another security expert, noted recently that one of risks of the new White House plan for cyber security is that it places too much emphasis on attribution. As Dr. Bellovin explains:

The fundamental premise of the proposed strategy is that our serious Internet security problems are due to lack of sufficient authentication. That is demonstrably false. The biggest problem was and is buggy code. All the authentication in the world won't stop a bad guy who goes around the authentication system, either by finding bugs exploitable before authentication is performed, finding bugs in the authentication system itself ...


Exploring Policy Models For Extended Time Off, Erica H. Zielewski, Shelley Waters Boots Jul 2010

Exploring Policy Models For Extended Time Off, Erica H. Zielewski, Shelley Waters Boots

Memos and Fact Sheets

Whether it’s a personal health condition, the birth of a new child, or the need to address a serious health issue of an aging parent, many, if not most workers, find that at certain points in their lives, they will need an extended amount of time off from work. We refer to this as Extended Time Off (EXTO). In addition, there is a growing body of research that outlines the potential benefits of paid time off for workers, their families (and in particular children), as well as some research suggesting a benefit to employers providing paid EXTO. While the ...


Federal Employees Part-Time Career Employment Act Of 1978: Overview, Workplace Flexibility 2010, Georgetown University Law Center Jul 2010

Federal Employees Part-Time Career Employment Act Of 1978: Overview, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Federal Employees Part-Time Career Employment Act aims to utilize the potential of persons who do not work a traditional forty-hour workweek. Having found that part-time permanent employment has a number of benefits,i Congress passed legislation extending part-time career employment opportunities throughout the federal government in 1978.


Allocation Rules And The Stability Of Mass Tort Class Actions, Joshua C. Teitelbaum May 2010

Allocation Rules And The Stability Of Mass Tort Class Actions, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

This paper studies the effects of allocation rules on the stability of mass tort class actions. The author analyzes a two-stage model in which a defendant faces multiple plaintiffs with heterogeneous damage claims. In stage 1, the plaintiffs play a non-cooperative coalition formation game. In stage 2, the class action and any individual actions by opt-out plaintiffs are litigated or settled. He examines how the method for allocating the class recovery interacts with other factors--the shape of the damage claim distribution, the scale benefits of the class action, and the plaintiffs' probability of prevailing at trial and bargaining power in ...


They Did Authorize Torture, But..., David Cole Apr 2010

They Did Authorize Torture, But..., David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Brief Of Amici Curiae Dinah Bear, Robert Glicksman, Oliver Houck, Daniel Mandelker, Thomas Mcgarity, Robert Percival, Zygmunt Plater, Nicholas Robinson, And Gary Widman In Support Of Respondents, Monsanto Co. V. Geertson Seed Farms, No. 09-475 (U.S. Apr. 5, 2010), Hope M. Babcock Apr 2010

Brief Of Amici Curiae Dinah Bear, Robert Glicksman, Oliver Houck, Daniel Mandelker, Thomas Mcgarity, Robert Percival, Zygmunt Plater, Nicholas Robinson, And Gary Widman In Support Of Respondents, Monsanto Co. V. Geertson Seed Farms, No. 09-475 (U.S. Apr. 5, 2010), Hope M. Babcock

U.S. Supreme Court Briefs

No abstract provided.


Benefits, Rights And Features Nondiscrimination Testing And Phased Retirement Programs, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Benefits, Rights And Features Nondiscrimination Testing And Phased Retirement Programs, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Various studies indicate that formal phased retirement programs within defined benefit plans are wanted and needed by both employers and employees. Phased retirement programs may be useful for employees who want to reduce their hours during later stages of their careers, but who wish to remain in the workforce. For employers, a phased retirement program may be a useful tool to retain talented employees who may otherwise fully retire.

In designing phased retirement programs, It is not surprising that many employers wish to have significant discretion in deciding which employees they will seek to retain through a phased retirement program ...


A Timeline Of The Evolution Of Retirement In The United States, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

A Timeline Of The Evolution Of Retirement In The United States, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

This document provides key highlights in the history of retirement in the United States. It provides some background on how the concept of retirement, and its legal treatment, has evolved. This time-line does not include every law related to pension and retirement plans. Rather, it emphasizes those laws that have come to shape how we view retirement, particularly the tax laws that encouraged employers to establish pension and retirement plans in the first place.


Phased Retirement Data Sheet, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Phased Retirement Data Sheet, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

This data sheet includes information on current coverage and participation by American workers in pension and retirement plans. It also includes information on what employees say they want in terms of flexible work arrangements and access to pension and retirement funds, as well as what employers say they need with regard to the workforce of the future.


Early Retirement Incentive Plans And The Age Discrimination In Employment Act, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Early Retirement Incentive Plans And The Age Discrimination In Employment Act, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Early retirement incentive plans (ERIP) “seek to give incentives to older employees to retire before conventional retirement age. The purpose of these programs is to cut back on salaries and benefits to make way for younger workers.” While some ERIPs might constitute a prohibited act under the Age Discrimination in Employment Act (ADEA), the statute provides an affirmative defense for employers who can prove that the plan is voluntary and “consistent with the purposes” of the Act.

Some commentators have suggested that one way to encourage employers to establish bona fide phased retirement programs within their qualified pension plans is ...


Phased Retirement Benefits And Final Full Retirement Calculations: Open Issues, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Phased Retirement Benefits And Final Full Retirement Calculations: Open Issues, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

This document briefly describes two issues relating to the final, full retirement benefit for individuals who receive a phased retirement distribution from a defined benefit plan: 1) whether and how any phased retirement distribution would offset the final full retirement benefit, and 2) the form of the payment of the final, full retirement benefit.


Faqs About Employees And Employee Benefits, Pamela Perun Mar 2010

Faqs About Employees And Employee Benefits, Pamela Perun

Memos and Fact Sheets

This primer is an introduction to the basic laws of employee benefits. It is often assumed that there are legal impediments to employers providing benefits to phased retirees, part-time workers and the contingent workforce. From a benefits law perspective, this is really not true. By statute, self-employed workers are sometimes excluded from plans required to be employee-only but employers face few other prohibitions when designing their plans.

From an employer’s perspective, there are far more impediments to excluding these workers from their benefit plans than including them. Tax law provides incentives to employers who sponsor plans and to workers ...


Legal And Research Summary Sheet: Phased Retirement, Chantel Sheaks J.D., Marcie Pitt-Catsouphes Phd, Michael A. Smyer Phd Mar 2010

Legal And Research Summary Sheet: Phased Retirement, Chantel Sheaks J.D., Marcie Pitt-Catsouphes Phd, Michael A. Smyer Phd

Memos and Fact Sheets

During the first decade of the 21st century, significant attention has been paid to the widely anticipated retirement of the Baby Boom generation from the U.S. workforce. Employers and policymakers have considered important questions such as:

  • What percentage of older workers are likely to retire on a full-time basis between the ages of 62-65?
  • What might the implications of a “mass exodus” of Baby Boomers mean for different types of businesses?
  • Which types of policies and practices might encourage some older workers to extend their labor force participation, thereby enabling employers to retain the knowledge and skills of these ...


Family And Medical Leave: Selective Background Information, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Family And Medical Leave: Selective Background Information, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Topics covered:

Who is currently working for a “covered employer” under the FMLA and, of those employees, how many are eligible for FMLA-related leave?

Of eligible individuals who work for covered employers, how many used leave rights under the FMLA?

Who needed the type of leave offered by the FMLA but did not take such leave?

What percentage of private sector establishments are covered under the FMLA?


Selected Resources On Flexible Work Arrangements For Lower-Wage Workers, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Selected Resources On Flexible Work Arrangements For Lower-Wage Workers, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

A list of resources for low-wage workers regarding flexible work arrangements.


Workplace Flexibility: A Norm Of The American Workplace, Workplace Flexibility 2010, Georgetown University Law Center Mar 2010

Workplace Flexibility: A Norm Of The American Workplace, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

A PowerPoint slide-show that outlines the challenges, options, policies, solutions, and innovations associated with Flexible Work Arrangements.


Flexible Work Arrangements: The Fact Sheet, Jean Flatley Mcguire, Kaitlyn Kenney, Phyllis Brashler Mar 2010

Flexible Work Arrangements: The Fact Sheet, Jean Flatley Mcguire, Kaitlyn Kenney, Phyllis Brashler

Memos and Fact Sheets

A "flexible work arrangement" (FWA) is any one of a spectrum of work structures that alters the time and/or place that work gets done on a regular basis. The term includes (but is not limited to):

1. flexibility in the scheduling of hours worked, such as alternative work schedules (e.g., flex time and compressed workweeks), and arrangements regarding shift and breack schedules:

2. flexibility in the amount of hours worked, such as part-time work and job shares; and

3. flexibility in the place of work, such as working at home or at a satellite location.


Constitutionalism: A Skeptical View, Jeremy Waldron Mar 2010

Constitutionalism: A Skeptical View, Jeremy Waldron

Philip A. Hart Memorial Lecture

On March 17, 2010, Professor Waldron, University Professor and Professor of Law at New York University, Chichele Chair of Social and Political Theory at All Souls College, Oxford delivered the Georgetown Law Center’s thirtith annual Philip A. Hart Lecture: “ Constitutionalism: A Skeptical View.”

Professor Waldron teaches legal and political philosophy at New York University School of Law. He was previously University Professor in the School of Law at Columbia University. He holds his NYU position conjointly with his position as Chichele Professor of Social and Political Theory at the University of Oxford (All Souls College). For 2011-2013, he is ...


Tanf And Low-Income Family Support: Hearing Before The H. Subcomm. On Income Security And Family Support Of The H. Comm. On Ways And Means, 111th Cong., Mar. 11, 2010 (Statement Of Professor Peter B. Edelman, Geo. U. L. Center), Peter B. Edelman Mar 2010

Tanf And Low-Income Family Support: Hearing Before The H. Subcomm. On Income Security And Family Support Of The H. Comm. On Ways And Means, 111th Cong., Mar. 11, 2010 (Statement Of Professor Peter B. Edelman, Geo. U. L. Center), Peter B. Edelman

Testimony Before Congress

TANF should be a work-based safety net that strengthens families. The history of the past fourteen years shows the way to improving it for the future. It would be more successful in promoting work if it analyzed the individual needs and challenges of recipients and provided tailored education, training, support services, and other assistance to help people get and keep jobs. It would be more successful as a safety net if benefits were increased and if people in need could succeed in greater numbers in gaining access to the program.


Supreme Court Of The United States, October Term 2009 Preview, Update: February 22, 2010, Georgetown University Law Center, Supreme Court Institute Feb 2010

Supreme Court Of The United States, October Term 2009 Preview, Update: February 22, 2010, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Hybrid Vigor: Mashups, Cyborgs, And Other Necessary Monsters, Rebecca Tushnet Jan 2010

Hybrid Vigor: Mashups, Cyborgs, And Other Necessary Monsters, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Does remix matter? This brief comment addresses the critique of importance, arguing that remix culture as well as the popular/mass culture from which it springs are of vital importance to human flourishing, invoking Donna Haraway's concept of the cyborg to investigate the fluidity, dynamism, and monstrousness of remixes and remixers.


Educating Lawyers For The Global Economy: National Challenges, Carole Silver Jan 2010

Educating Lawyers For The Global Economy: National Challenges, Carole Silver

Georgetown Law Faculty Publications and Other Works

This essay addresses the challenge of educating law students to work in an increasingly global context. For students enrolled in United States law school, insight into the ways in which globalization matters can be drawn from the structural approaches to globalization of US-based law firms. These firms pursue their international practices by integrating lawyers educated and licensed in the firm’s home country (the US) and in the host jurisdictions in which the firm has offices. As a result, the success of the firm in its international practice depends upon the ability of its lawyers to develop strong and effective ...