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Articles 31 - 34 of 34
Full-Text Articles in Law
Affirmative Action And Discrimination, Girardeau A. Spann
Affirmative Action And Discrimination, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
The contemporary debate about race in the United States is perplexing. Each side seems genuinely to feel distressed at the demands being made by the other. Racial minorities point to Dred Scott's insistence on racial castes, Plessy's endorsement of official segregation, and Brown's reluctance to remedy unlawful discrimination as evidence that the white majority is inevitably inclined to advance its own interests at minority expense. Minority group members, therefore, tend to argue that the only way to arrest this majoritarian inclination is through the use of race-conscious remedial programs that will ensure an equitable distribution of resources. Most members of …
[Review Of] George Kaufman, The Lawyer’S Guide To Balancing Life And Work: Taking The Stress Out Of Success, Sherman L. Cohn
[Review Of] George Kaufman, The Lawyer’S Guide To Balancing Life And Work: Taking The Stress Out Of Success, Sherman L. Cohn
Georgetown Law Faculty Publications and Other Works
In recent years there has been much self-examination within the legal profession. On the macro scale, Sol Linowitz, The Betrayed Profession, compares, not favorably, the profession of today with that which he knew in the early decades of his practice. Dean Anthony Kronman, The Lost Lawyer, and Mary Ann Glendon, A Nation Under Lawyers, use their skills as scholars to examine the profession on a more objective level. On the micro level, Deborah Arron led the way with Running from the Law, which tells of talented overachievers who stood out in law school and judicial clerkships, and then found large-firm …
The Warren Court And The Concept Of A Right, David Luban
The Warren Court And The Concept Of A Right, David Luban
Georgetown Law Faculty Publications and Other Works
The Warren Court is dead. None of its Justices remain on the benchindeed, only Justice White survives-and the recent history of the Supreme Court has been in large part a history of repudiating controversial Warren Court doctrines. Public opinion likewise repudiates Warren-style judicial activism, and constitutional scholarship-which as recently as the mid- 1980s consisted in considerable measure of theoretical defenses for Warren Court-inspired methods of interpreting the Bill of Rights-has grown increasingly skeptical of expansive interpretive strategies. It is quite possible that future constitutional historians will regard the Warren era as an aberration. The Warren Court, after all, was not …
Breard, Printz, And The Treaty Power, Carlos Manuel Vázquez
Breard, Printz, And The Treaty Power, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
This article considers whether the anti-commandeering principle of New York v. United States and Printz v. United States applies to exercises of the Treaty Power. It illustrates the problem with an analysis of the treaty provision involved in Breard v. Greene, 118 S. Ct. 1352 (1998), which requires state officials to notify certain aliens they arrest that they have a right to consult with their consul. Whether exercises of the treaty power are subject to the commandeering prohibition depends on the resolution of two ambiguities in the Supreme Court's anti-commandeering doctrine. The first concerns the distinction between commandeering and …