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2013

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Institution
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Creditors And The Feme Covert, James Oldham Jan 2013

Creditors And The Feme Covert, James Oldham

Georgetown Law Faculty Publications and Other Works

As is well-known, the Court of King’s Bench in Marshall v. Rutton (1800), under Chief Justice Lloyd Kenyon, overruled earlier King’s Bench decisions by Lord Mansfield that had allowed creditors to prevail in suits against married women in an expanding set of factual circumstances. As Kenyon confessed in Marshall, he had never been satisfied with the Mansfield decisions, and had wished that a case “should come to take away all the difficulties.” The Marshall case fulfilled his wish. Kenyon, however, was not the powerful leader of King’s Bench that Mansfield had been, and but for fortuities of judicial turnover, …


Why Jeremy Waldron Really Agrees With Me, Louis Michael Seidman Jan 2013

Why Jeremy Waldron Really Agrees With Me, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

Herewith a response to Jeremy Waldron's review of my book, On Constitutional Disobedience. I conclude that Waldron actually agrees with all of my key claims.


Originalism And Constitutional Construction, Lawrence B. Solum Jan 2013

Originalism And Constitutional Construction, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Constitutional interpretation is the activity that discovers the communicative content or linguistic meaning of the constitutional text. Constitutional construction is the activity that determines the legal effect given the text, including doctrines of constitutional law and decisions of constitutional cases or issues by judges and other officials. The interpretation-construction distinction, frequently invoked by contemporary constitutional theorists and rooted in American legal theory in the nineteenth and twentieth centuries, marks the difference between these two activities.

This article advances two central claims about constitutional construction. First, constitutional construction is ubiquitous in constitutional practice. The central warrant for this claim is conceptual: …


Euro Zone Crisis Management And The New Social Europe, Philomila Tsoukala Jan 2013

Euro Zone Crisis Management And The New Social Europe, Philomila Tsoukala

Georgetown Law Faculty Publications and Other Works

This article analyzes the changes in European governance since the beginning of the euro crisis in relation to the project of constructing Social Europe. The article tracks the incorporation of a structural reform agenda originally designed as bailout conditionality for countries on the verge of default into EU economic governance as a strategy for growth. Beyond the contestable grounds of this reform agenda, its adoption by the EU in the mode of crisis management poses serious questions of legitimacy. The new enhanced economic coordination process includes obligatory guidelines in domains under the legislative competence of Member States, such as labor …


Mirabile Dictu: The Bryn Mawr College Library Newsletter 16 (2013), Bryn Mawr College Library Jan 2013

Mirabile Dictu: The Bryn Mawr College Library Newsletter 16 (2013), Bryn Mawr College Library

Mirabile Dictu: Newsletter of the Bryn Mawr College Libraries

No abstract provided.


The Duty To Think Strategically, Nadelle Grossman Jan 2013

The Duty To Think Strategically, Nadelle Grossman

Faculty Publications

Under Delaware corporate law, directors and officers have a duty to oversee their firm’s management of risk to limit losses. Corporate law does not, however, require directors or officers to oversee their firm’s management of strategy to create gains. Yet, managing both risk and strategy is essential to a firm in creating value. In fact, as I argue in the Article, the current focus by courts and commentators only on risk management to prevent losses could actually undermine a firm’s management of its strategy for gains. I therefore propose a model for how Delaware corporate law can drive firms to …


Hammond V. Wilson, United States District Court For The Southern District Of New York Jan 2013

Hammond V. Wilson, United States District Court For The Southern District Of New York

Historical and Topical Legal Documents

No abstract provided.


Mattocks V. Black Entertainment Networks, United States District Court For The Southern District Of Florida Jan 2013

Mattocks V. Black Entertainment Networks, United States District Court For The Southern District Of Florida

Historical and Topical Legal Documents

No abstract provided.


Us Airways V. Sabre Holdings, Untied States District Court For The District Of Massachusetts Jan 2013

Us Airways V. Sabre Holdings, Untied States District Court For The District Of Massachusetts

Historical and Topical Legal Documents

No abstract provided.


Viacom V. Youtube, United States Court Of Appeals For The Second Circuit Jan 2013

Viacom V. Youtube, United States Court Of Appeals For The Second Circuit

Historical and Topical Legal Documents

Opening Brief for Plaintiffs-Appellants


Victory Outreach International Corporation V. Twitter, United States District Court For The Eastern District Of Missouri Jan 2013

Victory Outreach International Corporation V. Twitter, United States District Court For The Eastern District Of Missouri

Historical and Topical Legal Documents

No abstract provided.


Vesely V. Armslist, United States District Court For The Northern District Of Illinois Jan 2013

Vesely V. Armslist, United States District Court For The Northern District Of Illinois

Historical and Topical Legal Documents

No abstract provided.


Vesely V. Armslist, United States District Court For The Northern District Of Illinois Jan 2013

Vesely V. Armslist, United States District Court For The Northern District Of Illinois

Historical and Topical Legal Documents

Motion to dismiss


Menon V. Dirty World, United States District Court For The Central District Of California Jan 2013

Menon V. Dirty World, United States District Court For The Central District Of California

Historical and Topical Legal Documents

No abstract provided.


Hart V. Yahoo, United States District Court For The Northern District Of Illinois Jan 2013

Hart V. Yahoo, United States District Court For The Northern District Of Illinois

Historical and Topical Legal Documents

No abstract provided.


Kabbaj V. Google, United States District Court For The District Of Delaware Jan 2013

Kabbaj V. Google, United States District Court For The District Of Delaware

Historical and Topical Legal Documents

No abstract provided.


Catsimatidis V. Google, New York Supreme Court Jan 2013

Catsimatidis V. Google, New York Supreme Court

Historical and Topical Legal Documents

No abstract provided.


Varela V. Selma Police Department, United States District Court For The Eastern District Of California Jan 2013

Varela V. Selma Police Department, United States District Court For The Eastern District Of California

Historical and Topical Legal Documents

No abstract provided.


Kimzey V. Yelp, United States District Court For The Western District Of Washington Jan 2013

Kimzey V. Yelp, United States District Court For The Western District Of Washington

Historical and Topical Legal Documents

No abstract provided.


In Re Autohop Litigation, United States District Court For The Southern District Of New York Jan 2013

In Re Autohop Litigation, United States District Court For The Southern District Of New York

Historical and Topical Legal Documents

No abstract provided.


Zahl V. Fennes, United States District Court For The District Of New Jersey Jan 2013

Zahl V. Fennes, United States District Court For The District Of New Jersey

Historical and Topical Legal Documents

No abstract provided.


Capitol Records V. Vimeo, United States District Court For The Southern District Of New York Jan 2013

Capitol Records V. Vimeo, United States District Court For The Southern District Of New York

Historical and Topical Legal Documents

Memorandum of Law in Support of Defendants' (1) Motion for Reconsideration Pursuant to Local Rule 6.3 and (2) Motion for Certification for Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b)


Vision Security V. Xcentric Ventures, United States District Court For The District Of Utah Jan 2013

Vision Security V. Xcentric Ventures, United States District Court For The District Of Utah

Historical and Topical Legal Documents

No abstract provided.


Brickey V. Amazon.Com, United States District Court For The Western District Of Texas Jan 2013

Brickey V. Amazon.Com, United States District Court For The Western District Of Texas

Historical and Topical Legal Documents

No abstract provided.


Precedo Capital V. Twitter, United States District Court For The Southern District Of New York Jan 2013

Precedo Capital V. Twitter, United States District Court For The Southern District Of New York

Historical and Topical Legal Documents

No abstract provided.


Hinton V. Dick's Sporting Goods, Jones County (Mississippi) Court Jan 2013

Hinton V. Dick's Sporting Goods, Jones County (Mississippi) Court

Historical and Topical Legal Documents

No abstract provided.


Holland V. Yahoo, United States District Court For The Northern District Of California Jan 2013

Holland V. Yahoo, United States District Court For The Northern District Of California

Historical and Topical Legal Documents

No abstract provided.


512(H) Subpoena To Scribd For Examinations Institute Of The American Chemical Society, Division Of Chemical Education, United States District Court For The Northern District Of California Jan 2013

512(H) Subpoena To Scribd For Examinations Institute Of The American Chemical Society, Division Of Chemical Education, United States District Court For The Northern District Of California

Historical and Topical Legal Documents

No abstract provided.


512(H) Subpoena To Ebay For Brillianceengagement, United States District Court For The Central District Of California Jan 2013

512(H) Subpoena To Ebay For Brillianceengagement, United States District Court For The Central District Of California

Historical and Topical Legal Documents

No abstract provided.


Icf V. Google, United States District Court For The Western District Of Washington Jan 2013

Icf V. Google, United States District Court For The Western District Of Washington

Historical and Topical Legal Documents

Notice of Removal