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Articles 1 - 30 of 88
Full-Text Articles in Law
§ 5:34 Waiver Of Privilege — Inadvertent Or Involuntary Disclosure, Laird Kirkpatrick, Christopher B. Mueller
§ 5:34 Waiver Of Privilege — Inadvertent Or Involuntary Disclosure, Laird Kirkpatrick, Christopher B. Mueller
GW Law Faculty Publications & Other Works
In their first twenty years (1975-1995), the federal rules of evidence changed little. However, changes have accelerated since 1993, with creation of the Evidence Rules Advisory Committee which meets regularly and proposes changes to the rules almost every year. One change, which grew out of the work of a special committee, was the addition of an entirely new provision, Rule 502, which governs waiver of attorney-client privilege. This rule became law in 2008 through congressional enactment (privilege rules must be passed by Congress in order to take effect). Sections 5:34 discusses this new provision. Under "Privileges: Rule 501,"section 5:34 discusses …
International & Comparative Law Perspectives: Fall 2012, Int'l & Comp. Law Program
International & Comparative Law Perspectives: Fall 2012, Int'l & Comp. Law Program
International & Comparative Law Perspectives
No abstract provided.
Environmental And Energy Law Perspectives: Fall 2012, Environmental And Energy Law Program
Environmental And Energy Law Perspectives: Fall 2012, Environmental And Energy Law Program
Environmental and Energy Law Perspectives
No abstract provided.
Clinical Perspectives: Summer 2012, The Jacob Burns Community Legal Clinics
Clinical Perspectives: Summer 2012, The Jacob Burns Community Legal Clinics
Clinical Perspectives
No abstract provided.
Government Procurement Law Perspectives: Spring 2012, Government Procurement Law Program
Government Procurement Law Perspectives: Spring 2012, Government Procurement Law Program
Government Procurement Law Perspectives
No abstract provided.
Intellectual Property Perspectives: Spring 2012, Ip Law Program
Intellectual Property Perspectives: Spring 2012, Ip Law Program
Intellectual Property Perspectives
No abstract provided.
Environmental And Energy Law Perspectives: Spring 2012, Environmental And Energy Law Program
Environmental And Energy Law Perspectives: Spring 2012, Environmental And Energy Law Program
Environmental and Energy Law Perspectives
No abstract provided.
A Legal Miscellanea: Volume 9, Number 1, Jacob Burns Law Library, George Washington University Law School
A Legal Miscellanea: Volume 9, Number 1, Jacob Burns Law Library, George Washington University Law School
A Legal Miscellanea: Archives (Print)
A Newsletter for the Friends of the Jacob Burns Law Library, highlighting the Library's collections, services, recent acquisitions, events and exhibits.
A History Of Government Contracting, Third Edition Volume I, James F. Nagle
A History Of Government Contracting, Third Edition Volume I, James F. Nagle
A History of Government Contracting
Published in 2012, the third edition includes a new chapter in the second volume entitled “Tragedy, Competing Emphases, and Unintended Consequences — 1995-2011.” In this chapter, Mr. Nagle covers the September 11th terrorist attack, Hurricane Katrina, and the 2008 recession. Due to a printing error, this final chapter has been revised and is included as part of this collection.
Holocaust-Era Claims In The 21st Century: Hearing Before The S. Comm. On The Judiciary, 112th Cong., June 20, 2012 (Statement Of Edward T. Swaine, Professor Of Law, Gw Law School), Edward T. Swaine
GW Law Faculty Testimony Before Congress & Agencies
No abstract provided.
A Legal Miscellanea: Volume 9, Number 2, Jacob Burns Law Library, George Washington University Law School
A Legal Miscellanea: Volume 9, Number 2, Jacob Burns Law Library, George Washington University Law School
A Legal Miscellanea: Archives (Print)
A Newsletter for the Friends of the Jacob Burns Law Library, highlighting the Library's collections, services, recent acquisitions, events and exhibits.
Women In The Post-Conflict Process: Reviewing The Impact Of Recent U.N. Actions In Achieving Gender Centrality, Naomi R. Cahn
Women In The Post-Conflict Process: Reviewing The Impact Of Recent U.N. Actions In Achieving Gender Centrality, Naomi R. Cahn
GW Law Faculty Publications & Other Works
The post-conflict terrain provides multiple opportunities for transformation on many different levels: protecting civilians, providing accountability for human rights violations committed during hostilities, reforming local and national laws, reintegrating soldiers, rehabilitating and providing redress for victims, establishing or re-establishing the rule of law, creating human rights institutions and new governance structures, altering cultural attitudes, improving socioeconomic conditions, and transforming gender roles and women’s status. This Article explores the effort to make gender central in the various legal and political regimes and processes in operation post-conflict, and specifically reviews SCR 1325 and its successor resolutions to assess their real contributions towards …
When You Pass On, Don't Leave The Passwords Behind: Planning For Digital Assets, Naomi R. Cahn, Gerry W. Beyer
When You Pass On, Don't Leave The Passwords Behind: Planning For Digital Assets, Naomi R. Cahn, Gerry W. Beyer
GW Law Faculty Publications & Other Works
The universe of digital assets is vast, including email accounts, picture and video storage sites, social networking sites, domain names, games and related sites; professional sites and backups; as well as online banking and business accounts. Moreover, digital assets go beyond online accounts to include your own personal or work computers, their hardware and software. If your clients are smart about their digital life, then they have numerous usernames, passwords, and security questions for their accounts. Trust and estates lawyers are increasingly helping to plan for the care of digital assets upon their client’s incapacity or death, providing advice concerning …
Using Law And Equity For Poor And The Environment, Dinah L. Shelton
Using Law And Equity For Poor And The Environment, Dinah L. Shelton
GW Law Faculty Publications & Other Works
This chapter discusses ways of overcoming “adaptation apartheid,” a term used to describe the differences in reactions to environmental disasters between poor and wealthy people and countries. The chapter focuses on “environmental protection and poverty alleviation.” The first section describes the connections between poverty and environmental damage, and the second section discusses distributive justice, defined as “an ethical imperative based on the notion of moral reciprocity.” Third, the chapter lists the sources of law pertaining to environmental justice, including private law, regulation, market mechanisms, and rights-based approaches. The chapter concludes by noting the advantages and challenges to a rights-based approach …
The End Of Men Or The Rebirth Of Class? How Hanna Rosin Leaves Out The 1% & Family Law Fails The Other 99%, Naomi R. Cahn, June Carbone
The End Of Men Or The Rebirth Of Class? How Hanna Rosin Leaves Out The 1% & Family Law Fails The Other 99%, Naomi R. Cahn, June Carbone
GW Law Faculty Publications & Other Works
This article argues that much of what has been described as “the end of men” is in fact the recreation of class. Greater inequality among men and among women has resurrected class differences and changed the way men and women relate to each other and channel resources to their children. While women have in fact gained ground in the workplace and acquired greater ability to live, work, play and raise children without men, a mere relative move towards sex equality only masks the more fundamental changes occurring in American society and the continuing existence of patriarchy. First, the improved freedom …
Kiobel, Subject Matter Jurisdiction, And The Alien Tort Statute, Bradford R. Clark
Kiobel, Subject Matter Jurisdiction, And The Alien Tort Statute, Bradford R. Clark
GW Law Faculty Publications & Other Works
The Supreme Court is currently reviewing the Second Circuit’s decision in Kiobel v. Royal Dutch Petroleum, a case holding that federal courts lack jurisdiction under the Alien Tort Statute (“ATS”) over claims against corporations. Although the parties have focused on issues of corporate liability under the ATS, there is a logically antecedent question of subject matter jurisdiction that the Court should decide before considering corporate liability. All of the parties in Kiobel — whether corporate or individual — are aliens. Understood in its full legal and historical context, the ATS was a jurisdictional statute that did not apply to suits …
A Visa To "Snitch": An Addendum To Cox And Posner, Eleanor Marie Brown
A Visa To "Snitch": An Addendum To Cox And Posner, Eleanor Marie Brown
GW Law Faculty Publications & Other Works
Cox and Posner’s landmark contribution is the first article to have highlighted the challenges of information asymmetry in immigration screening. While Cox and Posner have undoubtedly made a significant contribution, there is a critical oversight in their framework: they do not discuss the importance of targeted ex post mechanisms of screening educational elites. This Essay is an attempt to remedy Cox and Posner’s omission. Why is this oversight so problematic? In the post-9/11 world, U.S. immigration policy currently finds itself on the horns of a dilemma. While immigrant educational elites are critical to U.S. economic growth, terrorist networks have stepped …
The Participation Interest, Spencer A. Overton
The Participation Interest, Spencer A. Overton
GW Law Faculty Publications & Other Works
Lack of participation is a primary problem with money in politics. Relatively few people make political contributions—less than one-half of one percent of the population provides the bulk of the money that politicians collect from individual contributors. This Article introduces and details the state’s interest in expanding citizen participation in financing politics. Rather than focus solely on pushing an incomplete anticorruption framework to restrict special interest influence, reformers should also embrace a strategy of giving more people influence. Reformers should accept that money produces speech and that “special interests” in the form of grassroots organizations are a democratic good that …
In Defense Of Judicial Empathy, Thomas B. Colby
In Defense Of Judicial Empathy, Thomas B. Colby
GW Law Faculty Publications & Other Works
President Obama has repeatedly stated that he views a capacity for empathy as an essential attribute of a good judge. And conservatives have heaped mountains of scorn upon him for saying so—accusing him of expressing open contempt for the rule of law. To date, the debate has been surprisingly one-sided. One federal judge has recently noted that “President Obama’s statement that judges should have ‘empathy’ was met with strong criticism from his opponents and uncomfortable silence from his supporters.” This Article seeks to offer a sustained defense of the President’s call for empathy in judging. Its argument is neither grounded …
The America Invents Act, Its Unique First-To-File System And Its Transfer Of Power From Juries To The United States Patent And Trademark Office, Martin J. Adelman
The America Invents Act, Its Unique First-To-File System And Its Transfer Of Power From Juries To The United States Patent And Trademark Office, Martin J. Adelman
GW Law Faculty Publications & Other Works
The signing of the Leahy-Smith America Invents Act (AIA) by President Obama on 16 September 2011 is a landmark event in the history of American patent law. It has already been the subject of numerous articles on the web and in the law reviews as well as in the popular press. I have no intention here of going into all the details of the AIA, I just want to leave the reader with a sense for its eventual impact on American patent law. All the details are to be found in its 37 sections whose titles give the reader a …
Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity, Steven L. Schooner, Collin D. Swan
Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity, Steven L. Schooner, Collin D. Swan
GW Law Faculty Publications & Other Works
Once the nation commits to engage in heavy, sustained military action abroad, particularly including the deployment of ground forces, political support is scrupulously observed and dissected. One of the most graphic factors influencing that support is the number of military soldiers who have made the ultimate sacrifice on the nation’s behalf. In the modern era, most studies suggest that the public considers the potential and actual casualties in U.S. wars to be an important factor, and an inverse relationship exists between the number of military deaths and public support. Economists have dubbed this the "casualty sensitivity" effect.
This article asserts …
Improving Water Quality Antidegradation Policies, Robert L. Glicksman, Sandra B. Zellmer
Improving Water Quality Antidegradation Policies, Robert L. Glicksman, Sandra B. Zellmer
GW Law Faculty Publications & Other Works
The Clean Water Act’s principal goal is to “restore and maintain” the integrity of the nation’s surface water bodies. The Act’s adoption was spurred largely by the perception that unchecked pollution had caused the degradation of those waters, making them unsuitable for uses such as fishing and swimming. At the time Congress passed the statute, however, some lakes, rivers, and streams had water quality that was better than what was needed to support these uses. An important question was whether the statute would limit discharges with the potential to impair these high quality waters. EPA’s anti-degradation policy sought to ensure …
The Merger Agreement Myth, Jeffrey Manns, Robert Anderson
The Merger Agreement Myth, Jeffrey Manns, Robert Anderson
GW Law Faculty Publications & Other Works
Practitioners and academics have long assumed that financial markets value the deal-specific legal terms of public company acquisition agreements, yet legal scholarship has failed to subject this premise to empirical scrutiny. The conventional wisdom is that markets must value the tremendous amount of time and money invested in negotiating and tailoring the legal provisions of acquisition agreements to address the distinctive risks facing each merger. But the empirical question remains of whether markets actually price the legal terms of acquisition agreements or whether they solely value the financial terms of mergers. To investigate this question, we designed a modified event …
The Rise Of Institutional Law Practice, Thomas D. Morgan
The Rise Of Institutional Law Practice, Thomas D. Morgan
GW Law Faculty Publications & Other Works
For generations, the legal profession has assumed that only individual lawyers practice law. Ethical standards have been largely, if not exclusively, directed at individuals, and practice organizations have been regulated to prevent limiting individual lawyer professional judgment. The world in which lawyers now practice makes the individualized model obsolete. The complexity of modern law narrows the breadth of any individual lawyer's practice and makes law firms and other practice organizations inevitable. Firms, in turn, must maintain both ethical compliance and a high level of service quality that is inconsistent with lawyers behaving idiosyncratically. The article explores these developments and suggests …
Natural Gas: A Long Bridge To A Promising Destination, Richard J. Pierce Jr
Natural Gas: A Long Bridge To A Promising Destination, Richard J. Pierce Jr
GW Law Faculty Publications & Other Works
In this essay, Professor Pierce argues that the horizontal drilling and hydraulic fracturing of shale formations that has nearly doubled US gas supplies over the last six years has the potential to yield a century of enormous environmental and economic benefits to the US and to the world.
The Restatement's Supersized Duty Of Loyalty Provision, Michael Selmi
The Restatement's Supersized Duty Of Loyalty Provision, Michael Selmi
GW Law Faculty Publications & Other Works
This essay analyzes and critiques the Restatement of Employment Law’s provision on the duty of loyalty. Cases invoking the duty of loyalty have generally been successful only in the limited circumstance when an employee leaves her current employment to start a competing business. The Restatement, however, reconceptualizes the duty of loyalty claim into a catch all provision that could be used to restrain employees from moving to competitors, even in the absence of a noncompete agreement, and to protect trade secrets or confidential information. The expansion of the duty of loyalty cause of action is unsupported by either the existing …
The Financial Services Industry's Misguided Quest To Undermine The Consumer Financial Protection Bureau, Arthur E. Wilmarth Jr.
The Financial Services Industry's Misguided Quest To Undermine The Consumer Financial Protection Bureau, Arthur E. Wilmarth Jr.
GW Law Faculty Publications & Other Works
Congress decided to establish the Consumer Financial Protection Bureau (“CFPB”) after concluding that federal bank regulators had utterly failed to protect consumers during the credit boom leading up to the financial crisis. Because of the prudential regulators’ systemic failures, Congress vested CFPB with sole responsibility and clear accountability for protecting consumers of financial services. Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act delegates broad rulemaking and enforcement powers to CFPB. To insulate CFPB from political influence, Title X grants CFPB substantial autonomy as well as an assured source of funding from the Federal Reserve System.
The …
Outsourcing Covert Activities, Laura T. Dickinson
Outsourcing Covert Activities, Laura T. Dickinson
GW Law Faculty Publications & Other Works
Over the past decade, the United States has radically shifted the way it projects its power overseas. Instead of using full-time employees of foreign affairs agencies to implement its policies, the government now deploys a wide range of contractors and grantees, hired by both for-profit and nonprofit entities. Thus, while traditionally we relied on diplomats, spies, and soldiers to protect and promote our interests abroad, increasingly we have turned to hired guns. Contrast the first Gulf War to later conflicts in Iraq and Afghanistan. During the Gulf War the ratio of contractors to troops was 1 to 100; now, with …
Modern Military Justice: Cases And Materials, Gregory E. Maggs, Lisa M. Schenck
Modern Military Justice: Cases And Materials, Gregory E. Maggs, Lisa M. Schenck
GW Law Faculty Publications & Other Works
This new textbook (ISBN-13: 978-0314268037) comprehensively covers the modern military justice system under the Uniform Code of Military Justice. Materials from every service within the Armed Forces show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses, such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; military offenses and defenses; pretrial, trial, and appellate procedures; the role of judge advocates; nonjudicial punishment and other alternatives to courts-martial; special forums, such as boards of inquiry and military commissions for trying enemy belligerents; …
The Past, Present, And Future Of Critical Tax Theory: A Conversation, Karen B. Brown
The Past, Present, And Future Of Critical Tax Theory: A Conversation, Karen B. Brown
GW Law Faculty Publications & Other Works
This essay endeavors to document and to preserve the story of the origins of the book Taxing America (NYU Press 1997) edited by KarenB. Brown and Mary Louise Fellows. The publication of that text was a key milestone in the development of critical tax theory as an intellectual discipline. By identifying and bringing together lawyers and scholars with an interest in the political and discriminatory aspects of tax law, Professors Brown and Fellows created one of the first working groups of critical tax theorists. In this essay, the book's two editors reflect on the book's intellectual antecedents and its material …