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Articles 1 - 30 of 108
Full-Text Articles in Law
The Court And The Private Plaintiff, Elizabeth Beske
The Court And The Private Plaintiff, Elizabeth Beske
Articles in Law Reviews & Other Academic Journals
Two seemingly irreconcilable story arcs have emerged from the Supreme Court over the past decade. First, the Court has definitively taken itself out of the business of creating private rights of action under statutes and the Constitution, decrying such moves as relics of an “ancient regime.” Thus, the Supreme Court has slammed the door on its own ability to craft rights of action under federal statutes and put Bivens, which recognized implied constitutional remedies, into an ever-smaller box. The Court has justified these moves as necessary to keep judges from overstepping their bounds and wading into the province of the …
Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune
Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune
American University International Law Review
I express my sincere thanks to the American Society of International Law and the International Legal Studies Program at American University Washington College of Law for the invitation to be this year’s commentator. It is indeed an honor to respond to Judge Charlesworth’s erudite Grotius Lecture: “The Art of International Law.”
Alito Versus Roe V. Wade: Dobbs As A Means Of Circumvention, Avoidance, Attenuation And Betrayal Of The Constitution, Antony Hilton
Alito Versus Roe V. Wade: Dobbs As A Means Of Circumvention, Avoidance, Attenuation And Betrayal Of The Constitution, Antony Hilton
American University Journal of Gender, Social Policy & the Law
There can be no argument that Justice Alito is a learned justice of great knowledge and reason, and has a superb grasp of the law. As such, despite any opposition to or disagreement with his legal opinions, he is deserving of respect for his intellectual prowess, in general and as it relates to the Constitution. Notwithstanding all the aforementioned, wrong is wrong.
The Art Of International Law, Hilary Charlesworth
The Art Of International Law, Hilary Charlesworth
American University Law Review
International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
Articles in Law Reviews & Other Academic Journals
This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …
The Art Of International Law, Hilary Charlesworth
The Art Of International Law, Hilary Charlesworth
American University International Law Review
International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”
Foreword, Stephen Wermiel
Foreword, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
It is an honor and a pleasure to help the American UniversityLegislationandPolicy Brief carry on its fine tradition of scholarly inquiry into important issues facing the nation, the legislatures and the public policy arena. AULPB is an important forum within WCL for student authors to examine cutting edge, timely issues. It is also a focal point, beyond the bounds of the WCL campus, for authors to consider a broad range of pressing issues that combine law and policy questions.
Justice Breyer And The Rise Of Globalization: An Analysis Of The Jurisprudence Of Justice Breyer As A Pragmatic Visionary, Timothy Sajal Klee
Justice Breyer And The Rise Of Globalization: An Analysis Of The Jurisprudence Of Justice Breyer As A Pragmatic Visionary, Timothy Sajal Klee
Upper Level Writing Requirement Research Papers
No abstract provided.
Judge Douglas H. Ginsburg And Antitrust Law's Rule(S) Of Reason, Jonathan Baker, Andrew Gavil
Judge Douglas H. Ginsburg And Antitrust Law's Rule(S) Of Reason, Jonathan Baker, Andrew Gavil
Contributions to Books
This essay, written for a volume in honor of Judge Douglas H. Ginsburg, explores the evolution of the rule of reason and its development into a common structured, burden shifting approach guiding judicial decisions under Sections 1 and 2 of the Sherman Act and under Section 7 of the Clayton Act. It highlights the influential role that Judge Ginsburg and the Court of Appeals for the D.C. Circuit, on which he served, played in that evolution.
Doing Justice: Judging And Jewish Values, Judith Bartnoff
Doing Justice: Judging And Jewish Values, Judith Bartnoff
American University Law Review
No abstract provided.
Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp
Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp
Arbitration Brief
No abstract provided.
Arbitrators' Authority: Scope And Limitations, Horacio A. Grigera Naón
Arbitrators' Authority: Scope And Limitations, Horacio A. Grigera Naón
Arbitration Brief
No abstract provided.
When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, Sarah Gilcrest
When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, Sarah Gilcrest
Arbitration Brief
No abstract provided.
Take Inventory Each Year, David Spratt
Take Inventory Each Year, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Tribute To Judge Patricia Wald, Jeffrey Lubbers
A Tribute To Judge Patricia Wald, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
What Would Justice Brennan Say To Justice Thomas, Stephen Wermiel
What Would Justice Brennan Say To Justice Thomas, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Linguistic Critique Of Tag Jurisdiction: Justice Scalia And The Zombie Metonymy, Andrea D. Coles-Bjerre
A Linguistic Critique Of Tag Jurisdiction: Justice Scalia And The Zombie Metonymy, Andrea D. Coles-Bjerre
American University Law Review
No abstract provided.
Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?, Jeffrey Lubbers
Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
The classic version of the exhaustion-of-remedies requirement generally requires a party to go through all the stages of an administrative adjudication before going to court. However, the doctrine has developed a new permutation, covering situations where a petitioner for judicial review did follow all the steps of the administrative appeals process, but had failed to raise in that process the issues now sought to be litigated in court. In those cases, which have been called “issue exhaustion” cases, the thwarted petitioner will likely be out of luck since normally there is no further opportunity to raise the issue at the …
Adrenaline Of Excellence: The Career Of Judge Gerald Bruce Lee, Claudio Grossman, Andrew Popper
Adrenaline Of Excellence: The Career Of Judge Gerald Bruce Lee, Claudio Grossman, Andrew Popper
Articles in Law Reviews & Other Academic Journals
No abstract provided.
"Adrenaline Of Excellence": The Career Of Judge Gerald Bruce Lee, Editors Of The American University Law Review
"Adrenaline Of Excellence": The Career Of Judge Gerald Bruce Lee, Editors Of The American University Law Review
American University Law Review
The editors of the American University Law Review proudly dedicate this issue of the Law Review to the Honorable Gerald Bruce Lee, an alumnus of the American University Washington College of Law. As is made clear by the collection of Tributes below, Judge Lee has had a lasting impact not only on this law school and the legal community, but also on the Washington, D.C., metropolitan area. The Law Review hopes that this collection of Tributes, authored by individuals who know Judge Lee best, captures the “adrenaline of excellence” that Judge Lee brought to his career and continues to bring …
Political Question Disconnects, Elizabeth Earle Beske
Political Question Disconnects, Elizabeth Earle Beske
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers
Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Court Capture, Jonas Anderson
Court Capture, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
Capture — the notion that a federal agency can become controlled by the industry the agency is supposed to be regulating — is a fundamental concern for administrative law scholars. Surprisingly, however, no thorough treatment of how capture theory applies to the federal judiciary has been done. The few scholars who have attempted to apply the insights of capture theory to federal courts have generally concluded that the federal courts are insulated from capture concerns.
This Article challenges the notion that the federal courts cannot be captured. It makes two primary arguments. As an initial matter, this Article makes the …
The Perfect Match: Civil Law Judges And Open-Ended Fair Use Provisions, Martin Senftleben
The Perfect Match: Civil Law Judges And Open-Ended Fair Use Provisions, Martin Senftleben
American University International Law Review
No abstract provided.
The Federal Circuit's Acquiescence (?), Timothy R. Holbrook
The Federal Circuit's Acquiescence (?), Timothy R. Holbrook
American University Law Review
No abstract provided.
Judges As Diplomats In Advancing The Rule Of Law: A Conversation With President Koen Lenaerts And Justice Stephen Breyer, Koen Lenaerts, Stephen Breyer
Judges As Diplomats In Advancing The Rule Of Law: A Conversation With President Koen Lenaerts And Justice Stephen Breyer, Koen Lenaerts, Stephen Breyer
American University Law Review
No abstract provided.
In Search Of The Real Roberts Court, Stephen Wermiel
In Search Of The Real Roberts Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Reconceptualizing Managerial Judges, Steven Baicker-Mckee
Reconceptualizing Managerial Judges, Steven Baicker-Mckee
American University Law Review
No abstract provided.
The Collapse Of The House That Ruth Built: The Impact Of The Feeder System On Female Judges And The Federal Judiciary, 1970-2014, Alexandra G. Hess
The Collapse Of The House That Ruth Built: The Impact Of The Feeder System On Female Judges And The Federal Judiciary, 1970-2014, Alexandra G. Hess
American University Journal of Gender, Social Policy & the Law
No abstract provided.