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Articles 1 - 30 of 103
Full-Text Articles in Law
Brief Amicus Curiae Of Joseph R. Grodin As Amicus Curiae Supporting Neither Party (Vacatur), Elk Grove Unified School District V. Newdow, No. 02-1624 (U.S. Dec. 19, 2003), ., Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
America After 9/11: Freedom Preserved Or Freedom Lost: Hearing Before The S. Comm. On The Judiciary, 108th Cong., Nov. 18, 2003 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh
Testimony Before Congress
No abstract provided.
Brief Of Former Administrator Carol M. Browner Et Al., As Amici Curiae Supporting Respondents, South Florida Water Management Dist. V. Miccosukee Tribe Of Indians, No. 02-626 (U.S. Nov. 14, 2003), ., Richard J. Lazarus
U.S. Supreme Court Briefs
No abstract provided.
Gao's Recent Report On The Implementation Of Exec. Order 12630 And The State Of Federal Agency Protections Of Private Property Rights: Hearing Before The H. Subcomm. On The Judiciary, 108th Cong., Oct. 16, 2003 (Statement Of John D. Echeverria, Exec. Dir., Georgetown Environmental Law & Policy Inst., Geo. U. L. Center), John D. Echeverria
Testimony Before Congress
No abstract provided.
Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker
Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker
Georgetown Law Faculty Publications and Other Works
The moral imperative and relevance of the Law of Armed Conflict (“LOAC”) is more apparent today than before September 11, 2001. Law distinguishes democratic societies from the terrorists who attack them; nowhere is this more apparent than in the methods and means of warfare. Indeed, part of our revulsion and contempt for terrorism lies in the terrorists' indiscriminate, disproportionate, and unnecessary violence against civilians. In contrast, the enduring strength of the LOAC is its reliance on the principles of proportionality, necessity, and discrimination, which protect civilians and minimize combatant suffering. For these reasons, we should not begrudge the LOAC's limitations …
Patent Quality Improvement: Hearing Before The H. Comm. On The Judiciary, 108th Cong., July 24, 2003 (Statement Of John R. Thomas, Prof Of Law, Geo. U. L. Center), John R. Thomas
Testimony Before Congress
No abstract provided.
H.R. 2432, Paperwork And Regulatory Improvements Act Of 2003: Testimony Before The H. Comm. On Government Reform, 108th Cong., July 22, 2003 (Statement Of Lisa Heinzerling, Prof. Of Law, Geo. U. L. Center), Lisa Heinzerling
Testimony Before Congress
No abstract provided.
Cooperative Research And Technology Enhancement (Create) Act Of 2003: Hearing On H. R. 2390 Before The H. Subcomm. On Courts, The Internet And Intellectual Property Of The H. Comm. On The Judiciary, 108th Cong., June 10, 2003 (Statement Of John R. Thomas, Prof. Of Law, Geo. U. L. Center), John R. Thomas
Testimony Before Congress
No abstract provided.
Can Modern Architecture And Historic Preservation Be Reconciled? The Definition And Application Of "Compatible" As Used In The Dc Historic Preservation Act, M. Jesse Carlson
Can Modern Architecture And Historic Preservation Be Reconciled? The Definition And Application Of "Compatible" As Used In The Dc Historic Preservation Act, M. Jesse Carlson
Georgetown Law Historic Preservation Papers Series
No abstract provided.
Opening Trade In Financial Services – The Chile And Singapore Examples: Hearing Before The H. Subcomm. On Domestic And International Monetary Policy, Trade And Technology, 108th Cong., Apr. 1, 2003 (Statement Of Daniel K. Tarullo, Prof. Of Law, Geo. U. L. Center), Daniel K. Tarullo
Testimony Before Congress
No abstract provided.
The Rule Of Law In China: Lawyers Without Law?: Hearing Before The Congressional-Executive Commission On China, 108th Cong., Apr. 1, 2003 (Statement Of James V. Feinerman, Prof Of Law, Geo. U. L. Center), James V. Feinerman
Testimony Before Congress
No abstract provided.
Brief For Respondents, Green Tree Financial Corp. V. Bazzle, No. 02-634 (U.S. Mar. 27, 2003), ., Cornelia T. Pillard
Brief For Respondents, Green Tree Financial Corp. V. Bazzle, No. 02-634 (U.S. Mar. 27, 2003), ., Cornelia T. Pillard
U.S. Supreme Court Briefs
No abstract provided.
How To Improve Regulatory Accounting : Costs, Benefits, And Impacts Of Federal Regulations: Testimony Before The H. Subcomm. On Energy Policy, Natural Resources, And Regulatory Affairs, Of The H. Comm. On Government Reform, Hearing On Regulatory Accounting, 108th Cong., Mar. 11, 2003 (Statement Of Lisa Heinzerling, Prof. Of Law, Geo. U. L. Center), Lisa Heinzerling
Testimony Before Congress
No abstract provided.
Brief Of Amici Curiae Judith Areen Et Al., Grutter V. Bollinger, No. 02-241 (U.S. Feb. 19, 2003), Judith C. Areen, Neal K. Katyal
Brief Of Amici Curiae Judith Areen Et Al., Grutter V. Bollinger, No. 02-241 (U.S. Feb. 19, 2003), Judith C. Areen, Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
Brief Of 13,922 Current Law Students At Accredited American Law Schools As Amici Curiae In Support Of Respondants, Grutter V. Bollinger, No. 02-241 (U.S. Feb. 18, 2003), Julie R. O'Sullivan, Peter J. Rubin
Brief Of 13,922 Current Law Students At Accredited American Law Schools As Amici Curiae In Support Of Respondants, Grutter V. Bollinger, No. 02-241 (U.S. Feb. 18, 2003), Julie R. O'Sullivan, Peter J. Rubin
U.S. Supreme Court Briefs
No abstract provided.
Brief Of Amici Curiae Columbia University Et Al. In Support Of Respondents, Grutter V. Bollinger, Nos. 02-241 & 02-516 (U.S. Feb. 13, 2003), Jane E. Genster
Brief Of Amici Curiae Columbia University Et Al. In Support Of Respondents, Grutter V. Bollinger, Nos. 02-241 & 02-516 (U.S. Feb. 13, 2003), Jane E. Genster
U.S. Supreme Court Briefs
No abstract provided.
Brief Of The National Lesbian And Gay Law Association Et Al. As Amici Curiae In Support Of Petitioners, Lawrence, Et Al. V. Texas, No. 02-102 (U.S. Jan. 16, 2003), Chai R. Feldblum
Brief Of The National Lesbian And Gay Law Association Et Al. As Amici Curiae In Support Of Petitioners, Lawrence, Et Al. V. Texas, No. 02-102 (U.S. Jan. 16, 2003), Chai R. Feldblum
U.S. Supreme Court Briefs
No abstract provided.
Their Liberties, Our Security: Democracy And Double Standards, David Cole
Their Liberties, Our Security: Democracy And Double Standards, David Cole
Georgetown Law Faculty Publications and Other Works
Some maintain that a "double standard" for citizens and noncitizens is perfectly justified. The attacks of September 11 were perpetrated by nineteen Arab noncitizens, and we have reason to believe that other Arab noncitizens are associated with the attackers and will seek to attack again. Citizens, it is said, are presumptively loyal; noncitizens are not. Thus, it is not irrational to focus on Arab noncitizens. Moreover, on a normative level, if citizens and noncitizens were treated identically, citizenship itself might be rendered meaningless. The very essence of war involves the drawing of lines in the sand between citizens of our …
Constitutional Legitimacy, Randy E. Barnett
Constitutional Legitimacy, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
The problem of constitutional legitimacy is to establish why anyone should obey the command of a constitutionally-valid law. A lawmaking system is legitimate if there is a prima facie duty to obey the laws it makes. Neither "consent of the governed" nor "benefits received" justifies obedience. Rather, a prima facie duty of obedience exists either (a) if there is actual unanimous consent to the jurisdiction of the lawmaker or, in the absence of consent, (b) f laws are made by procedures which assure that they are not unjust. In the absence of unanimous consent, a written constitution should be assessed …
Tribute To Harold Jacobson, John H. Jackson
Tribute To Harold Jacobson, John H. Jackson
Georgetown Law Faculty Publications and Other Works
Harold Jacobson was not only a fine scholar and excellent teacher who devoted a career to the University of Michigan, but he was also a very trusted colleague and a close friend. His scholarly work was very well recognized and admired. He was one of my colleagues while I taught at Michigan, to whom I willingly recommended students for a multidisciplinary approach to international relations. He was a theorist of political science and international relations who was willing and able to come to grips with the role of law in those fields.
New Evidence Of The Original Meaning Of The Commerce Clause, Randy E. Barnett
New Evidence Of The Original Meaning Of The Commerce Clause, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In this paper, the author advances the debate on the original meaning, interpretation, and usage of the word "commerce" in the context of the Commerce Clause. First, he distinguishes between terms that are vague and those that are ambiguous. He contends that realizing the dispute is over the ambiguity rather than the vagueness of "commerce" helps resolve the conflict between interpretations. Second, he presents the results of new empirical research into the original public meaning of "commerce" that extends well beyond the sources immediately surrounding the Constitution. Finally, the author reports the results of a similar survey of the use …
Integrity: Its Causes And Cures, David Luban
Integrity: Its Causes And Cures, David Luban
Georgetown Law Faculty Publications and Other Works
Integrity is a good thing, isn't it? In ordinary parlance, we sometimes use it as a near synonym for honesty, but the word means much more than honesty alone. It means wholeness or unity of person, an inner consistency between deed and principle. "Integrity" shares etymology with other unity-words-integer, integral, integrate, integration. All derive from the Latin integrare, to make whole. And the person of integrity is the person whose conduct and principles operate in happy harmony. Our psyches always seek that happy harmony. When our conduct and principles clash with each other, the result, social psychology teaches us, is …
Proposed Legislation On Judicial Election Campaign Finance, Roy A. Schotland
Proposed Legislation On Judicial Election Campaign Finance, Roy A. Schotland
Georgetown Law Faculty Publications and Other Works
In light of the recent extraordinary rise in judicial campaign spending, illustrated in Ohio's 2000 judicial elections (and elsewhere, and in Ohio again in 2002), we must consider improving the Model Code of Judicial Conduct. The 1999 amendments to the Code addressed campaign finance, but did not address two major problems. The first one is the absence of limits on aggregate contributions from law firms; only Texas has such limits. This gap allows large contributions from law firms to go to judges presiding in cases in which those firms participate, circumventing the recusal and disqualification triggers. The second problem is …
Clinical Uncertainty And Healthcare Disparities, Maxwell Gregg Bloche, Ana I. Balsa, Thomas G. Mcguire, Naomi Seiler
Clinical Uncertainty And Healthcare Disparities, Maxwell Gregg Bloche, Ana I. Balsa, Thomas G. Mcguire, Naomi Seiler
Georgetown Law Faculty Publications and Other Works
The Institute of Medicine Report, Unequal Treatment: Confronting Racial and Ethnic Disparities, affirms in its first finding: "Racial and ethnic disparities in health care exist and, because they are associated with worse outcomes in many cases, are unacceptable." The mechanisms that generate racial and ethnic disparities in medical care operate at the levels of the health care system and the clinical encounter. Research demonstrates the role of health care system factors, including differences in insurance coverage and other determinants of healthcare access, in producing disparities. Research also shows, however, that even when insurance status and other measures of access are …
Panel Presentation: Securities Regulation And Corporate Responsibility, Donald C. Langevoort
Panel Presentation: Securities Regulation And Corporate Responsibility, Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
What I want to do is talk about the big picture, as John suggested, and consider the likely spillover effects of Sarbanes-Oxley. I want to do this in a discretely administrative law-oriented way, taking two themes that were very visible and driving forces behind the legislation. The first, as Mary suggested in her opening remarks, is a question about federalism. It has been common for the last twenty years, at least, to trot out - as John just did - a distinction between federal and state spheres of competency. The SEC is on the disclosure side, while the substance of …
Paradigm Lost: Recapturing Classical Rhetoric To Validate Legal Reasoning, Kristen Konrad Robbins-Tiscione
Paradigm Lost: Recapturing Classical Rhetoric To Validate Legal Reasoning, Kristen Konrad Robbins-Tiscione
Georgetown Law Faculty Publications and Other Works
At the inception of their careers, most lawyers have little or no background in classical rhetoric. Many law students enter law school thinking that they will receive formal training in either logic or rhetoric, but very few law schools even teach classes in these subjects. In the absence of any formal training, most lawyers learn to write persuasively by imitating “good” legal writing. The consequence for the legal profession is an abundance of legal writing that is not grounded conceptually in the rhetorical tradition from which it is derived. The principal problem with legal writing is not that lawyers cannot …
The New Mccarthyism: Repeating History In The War In Terrorism, David Cole
The New Mccarthyism: Repeating History In The War In Terrorism, David Cole
Georgetown Law Faculty Publications and Other Works
This Essay will argue that the government has invoked two methods in particular in virtually every time of fear. The first, discussed in Part I, involves a substantive expansion of the terms of responsibility. Authorities target individuals not for what they do or have done but based on predictions about what they might do. These predictions often rely on the individuals' skin color, nationality, or political and religious associations. The second method, the subject of Part II, is procedural-the government invokes administrative processes to control, precisely so that it can avoid the guarantees associated with the criminal process. In hindsight, …
Pushing Drugs: Genomics And Genetics, The Pharmaceutical Industry, And The Law Of Negligence, Heidi Li Feldman
Pushing Drugs: Genomics And Genetics, The Pharmaceutical Industry, And The Law Of Negligence, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
This article presents a piece of a larger, ongoing project on the phenomenon of market-driven manufacturing (MDM) and how tort law should address it. In contrast to the larger project, this article provides a relatively brief overview of the general phenomenon of MDM, but zeros in on how pharmaceutical manufacturers specifically practice MDM. MDM is a well-documented, much practiced activity, although American courts do not recognize MDM as a discrete category of conduct. The basic idea of MDM is that marketing considerations should continuously control every aspect and stage of a product's lifecycle. When a company engages in MDM, it …
Interdisciplinary Collaboration With Jake, Edith Brown Weiss
Interdisciplinary Collaboration With Jake, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
Jake and I were professional colleagues and friends for more than twenty years, but it was in the last fifteen years that we worked closely together, bridging the supposed divide between political science and international law. Sometimes we worked together in the American Society of International Law, other times in the Social Science Research Council (SSRC), or in the Human Dimensions of Global Change program. Most often, we worked together as scholars in interdisciplinary research.
Rogue Science, Maxwell Gregg Bloche
Rogue Science, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
This review essay considers the tension between the evidence-driven vision of science's mission and the fears of malicious use and terrible consequences that have come to the fore since the terrorist attacks of September 11, 2001. These fears have led some to call for government restrictions on the substance of scientific research and communication. In general, this approach is likely to do far more harm than good. But scientists need to take the problem of social consequences more seriously than they have so far. The author argues in this essay that in some circumstances, when rogue use of science can …