Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (616)
- Social and Behavioral Sciences (444)
- Health Law and Policy (379)
- Public Affairs, Public Policy and Public Administration (287)
- International Law (270)
-
- Public Policy (215)
- Courts (209)
- Criminal Law (205)
- Labor and Employment Law (196)
- Jurisprudence (193)
- Civil Rights and Discrimination (174)
- Human Rights Law (165)
- Business (162)
- Intellectual Property Law (156)
- Legislation (152)
- Legal Education (146)
- Legal History (146)
- Law and Society (138)
- Judges (137)
- Labor Relations (136)
- National Security Law (132)
- Environmental Law (117)
- Law and Economics (115)
- Law and Politics (107)
- Legal Ethics and Professional Responsibility (106)
- Administrative Law (105)
- Medicine and Health Sciences (104)
- Law and Gender (91)
- Health Policy (89)
- Keyword
-
- Supreme Court (131)
- Workplace flexibility (81)
- Flexible work arrangements (77)
- Judicial review (77)
- Constitutional law (64)
-
- Global health (61)
- Public health (61)
- Constitution (49)
- Copyright (47)
- Originalism (46)
- Health Law and Policy (41)
- Statistics (41)
- Separation of powers (38)
- Congress (37)
- Human rights (37)
- Civil rights (36)
- International law (35)
- Privacy (35)
- Terrorism (34)
- Jurisprudence (33)
- Legal ethics (33)
- Intellectual property (32)
- Health law and policy (30)
- National security (29)
- COVID-19 (28)
- Environmental law (28)
- Health law (27)
- Legal education (27)
- Legislation (27)
- Antitrust (26)
- Publication Year
- Publication
-
- Georgetown Law Faculty Publications and Other Works (2370)
- Testimony Before Congress (120)
- U.S. Supreme Court Briefs (80)
- Memos and Fact Sheets (55)
- Briefings, Hearings, and Congressional Study Group (45)
-
- O'Neill Institute Papers (35)
- Conferences, Panels, and Events (26)
- Charts and Summaries of State, U.S., and Foreign Laws and Regulations (25)
- Supreme Court Overviews (19)
- Georgetown Law Faculty Lectures and Appearances (14)
- Philip A. Hart Memorial Lecture (14)
- Georgetown Law Historic Preservation Papers Series (13)
- SCI Papers & Reports (10)
- International Migrants Bill of Rights Symposium (9)
- HRI Papers & Reports (7)
- Faculty Papers & Publications (6)
- Georgetown Law Fiscal Law and Policy Reform Briefing Papers (5)
- CSLP Papers & Reports (3)
- Georgetown Law Student Series (3)
- Published Reports (3)
- Digital Preservation Publications (2)
- Georgetown Environmental Law & Policy Institute Papers & Reports (2)
- Georgetown Law Graduate Paper Series (2)
- IPR Papers & Reports (2)
- CPT Papers & Reports (1)
- IPIPC Papers & Reports (1)
- SENLC Papers & Reports (1)
- Publication Type
Articles 2761 - 2790 of 2873
Full-Text Articles in Law
Jurisprudence And Gender, Robin West
Jurisprudence And Gender, Robin West
Georgetown Law Faculty Publications and Other Works
What is a human being? Legal theorists must, perforce, answer this question: jurisprudence, after all, is about human beings. The task has not proven to be divisive. In fact, virtually all modern American legal theorists, like most modern moral and political philosophers, either explicitly or implicitly embrace what I will call the "separation thesis" about what it means to be a human being: a "human being," whatever else he is, is physically separate from all other human beings. I am one human being and you are another, and that distinction between you and me is central to the meaning of …
Communities, Texts, And Law: Reflections On The Law And Literature Movement, Robin West
Communities, Texts, And Law: Reflections On The Law And Literature Movement, Robin West
Georgetown Law Faculty Publications and Other Works
How do we form communities? How might we form better ones? What is the role of law in that process? In a recent series of books and articles, James Boyd White, arguably the modern law and literature movement's founder, has put forward distinctively literary answers to these questions. Perhaps because of the fluidity of the humanities, White's account of the nature of community is not nearly as axiomatic to the law and literature movement as is Posner's depiction of the "individual" to legal economists. Nevertheless, White's conception is increasingly representative of the literary-legalist's world view. Furthermore, with the exception of …
Taking The Framers Seriously, William Michael Treanor
Taking The Framers Seriously, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
This article reviews Taking the Constitution Seriously by Walter Berns (1987).
This review focuses on three of the key historical points that Walter Berns makes: his arguments that the Declaration of Independence is a Lockean document; that the Constitution encapsulates the political philosophy of the Declaration; and that the framers viewed the commercialization of society as a salutary development and were unambivalent champions of the right to property. Examination of these issues suggests that the ideological universe of the framers was far more complex than Berns indicates. While the revolutionary era witnessed a new concern with individual rights and a …
Baby M Reconsidered, Judith C. Areen
Baby M Reconsidered, Judith C. Areen
Georgetown Law Faculty Publications and Other Works
Surrogate mothering depends on treating procreation, an activity traditionally viewed as an integral aspect of family life (and family law), as a service to be purchased in the marketplace and governed by the rules of contract law. Thus surrogacy forces us to confront the differences between two of our most fundamental institutions-the family and the market.
A Need For Caring, Judith C. Areen
A Need For Caring, Judith C. Areen
Georgetown Law Faculty Publications and Other Works
Review of AIDS AND THE LAW: A GUIDE FOR THE PUBLIC. Edited by Harlon L. Dalton, Scott Burris, and the Yale AIDS Law Project. New Haven: Yale University Press. 1987. Pp. vii, 382.
Reconceiving The Ninth Amendment, Randy E. Barnett
Reconceiving The Ninth Amendment, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
The courts long have protected constitutional rights that are not listed explicitly in the Constitution, but are they warranted in doing so? As scholars and commentators vigorously debate this and other questions about the appropriate role of judges in interpreting the Constitution, the Ninth Amendment has assumed increasing importance. Its declaration that "[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" has suggested to many that the set of rights protected by the Constitution is not dosed and that judges may be authorized to protect these "unenumerated" rights …
The Ninth Amendment And Constitutional Legitimacy: Foreword To The "Symposium On Interpreting The Ninth Amendment", Randy E. Barnett
The Ninth Amendment And Constitutional Legitimacy: Foreword To The "Symposium On Interpreting The Ninth Amendment", Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Does the Constitution of the United States of America impart legitimacy on legislation enacted under its auspices? If so, how? Is a citizen bound in conscience to obey such legislation? If so, why? Does legislation create a duty of obedience simply because it was enacted by a group of persons calling themselves a "legislature," or is there some other reason? Would any constitution impart such legitimacy or is there something special about the character of those that do? If the latter, does the United States Constitution have the requisite character?
While I shall not definitively answer these questions in this …
Can Justice And The Rule Of Law Be Reconciled?, Randy E. Barnett
Can Justice And The Rule Of Law Be Reconciled?, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Much of the current debate between activists on "the left" and "the right" concerning the legal system can be conceived in purely jurisprudential, as opposed to political, terms. Today, many on the left insist that the decisions made by the legal system conform as closely as possible to some substantive conception of "justice" that is independent of the legal system itself. They call those who disagree "formalists." Many on the right insist that the procedural values of the "rule of law"-general rule-making, impartially administered among persons and over time-preempt concern for correct outcomes. They call those who disagree "result-oriented."
A Civil Liberties Analysis Of Surrogacy Arrangements, Lawrence O. Gostin
A Civil Liberties Analysis Of Surrogacy Arrangements, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
In this essay the author comes to the following conclusions based upon a civil liberties analysis. First, surrogacy arrangements cannot be prohibited or criminalized. Second, the state cannot ban the exchange of money for surrogacy services, provided the money is paid for conception, gestation, and birth. Money, however, cannot be paid on condition that the gestational mother waive her parental rights over the child. Third, contractual provisions that require the gestational mother to waive her parental rights or her rights to privacy and autonomy are void and unenforceable. Fourth, when the child is born, both the gestational mother and the …
Baby M And The Cassandra Problem, Girardeau A. Spann
Baby M And The Cassandra Problem, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
Part I of this essay outlines the facts of the Baby M case and traces the reasoning the New Jersey Supreme Court used to justify the legal conclusions that it reached.
Part II then identifies the three common analytical techniques or modes of argument on which the state supreme court relied in conducting its analysis and suggests that each is itself too dependent upon unprincipled policy preferences to have excluded such preferences from the decisionmaking process.
Finally, Part III suggests that no matter how strong an argument one might offer to demonstrate the systemic vulnerability of principle to preference, the …
The Virtues And Vices Of A Judge: An Aristotelian Guide To Judicial Selection, Lawrence B. Solum
The Virtues And Vices Of A Judge: An Aristotelian Guide To Judicial Selection, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
A core insight of the legal realists was that many disputes are indeterminate. For example, in many appellate adjudications, respectable legal arguments can be made for both sides of the dispute. A contemporary reaction to the realist insight by critical legal scholars is expressed in the slogan "Law is politics." This critical slogan might be elaborated as follows: in openly political activities, such as the legislative process or partisan elections, debate centers on issues of value and social vision that are outside the scope of "legal reasoning." Judicial opinions merely dress up political decisions in the garb of legal reasoning. …
Economic Man And Literary Woman: One Contrast, Robin West
Economic Man And Literary Woman: One Contrast, Robin West
Georgetown Law Faculty Publications and Other Works
The law and literature movement has been with us long enough that it is now possible to speak seriously of a "literary analysis of law," just as it has become possible, and even standard, to speak of an "economic analysis of law." It is also standard, of course, to speak of that abstract character who has emerged from the economic analysis of law: "economic man." In these brief comments, I want to offer one contrast of the "economic man" that emerges from economic legal analysis with the "literary person" that is beginning to emerge from literary legal analysis. I will …
The Authoritarian Impulse In Constitutional Law, Robin West
The Authoritarian Impulse In Constitutional Law, Robin West
Georgetown Law Faculty Publications and Other Works
Should there be greater participation by legislators and citizens in constitutional debate, theory, and decision-making? An increasing number of legal theorists from otherwise divergent perspectives have recently argued against what Paul Brest calls the "principle of judicial exclusivity" in our constitutional processes. These theorists contend that because issues of public morality in our culture either are, or tend to become, constitutional issues, all political actors, and most notably legislators and citizens, should consider the constitutional implications of the moral issues of the day. Because constitutional questions are essentially moral questions about how active and responsible citizens should constitute themselves, we …
The Collision Between New Discovery Amendments And Expert Testimony Rules, Paul F. Rothstein
The Collision Between New Discovery Amendments And Expert Testimony Rules, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The young litigator's nightmare was always the same. He was in medieval Europe, ready to engage in a sword fight with the expert swordsman representing his arch rival. After countless hours of preparation, he felt confident that he would be able to hold his own against the swordsman. But when the swordsman drew his lengthy rapier from its sheath, the young attorney pulled only a short dagger from his scabbard. Realizing that he was doomed to defeat, he tossed his dagger into the air and ran from the scene with the laughter of the onlookers ringing in his ears.
The …
Policy, Procedures, And People: Governmental Response To A Privately Initiated Nuclear Test Monitoring Project As A Case Study In National Security Decision-Making, Philip G. Schrag
Georgetown Law Faculty Publications and Other Works
This article applies the Allisonian framework to the U.S. Government's response to a private arms control initiative undertaken in 1986 by the Natural Resources Defense Council (NRDC), an environmental organization. This case lends itself to fruitful analysis for several reasons. First, while it fits the criteria for second-level decisions, it also involves a critical area of international relations-the control of nuclear weapons. Second, the involvement of numerous government agencies in the project presents ample opportunity to examine processes within and among agencies. Third, the reaction of the United States appears, at first blush, to have been ambivalent or inconsistent, for …
A Scarcity Of Organs, Judith C. Areen
A Scarcity Of Organs, Judith C. Areen
Georgetown Law Faculty Publications and Other Works
The scarcity of organs will be eliminated only if significantly more people agree to donate their own organs and those of close family members. For this, a more fundamental rethinking of the present system of organ retrieval may be required. Such a revision would begin by placing the debate between supporters of a system based on voluntary giving and those who favor either a market system or one based on expropriation (presumed consent) in the larger context of debate about the kind of society we favor.
Review Of Reproductive Genetics And The Law, Judith C. Areen
Review Of Reproductive Genetics And The Law, Judith C. Areen
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Building A Commercial Practice, Stephen B. Cohen
Building A Commercial Practice, Stephen B. Cohen
Georgetown Law Faculty Publications and Other Works
Commercial real estate law practice includes but is not limited to everything from new construction to complex exchanges, from strip shopping centers with a few stores to modern regional shopping centers, from the small two or three unit office building to the large downtown and suburban office/residential condo developments, and the sale of any type of business property. While it appears there is room for thousands of attorneys to handle the major transactions described above, this is generally not the case. It is well known that the commercial real estate bar in most large metropolitan areas is a rather select …
Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn
Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn
Georgetown Law Faculty Publications and Other Works
Why would anyone not studying religion be interested in Jewish law? It will be surprising for some to learn that some twenty to twenty-five law schools now offer courses in Jewish law. The literature in English is growing year after year. And the area is becoming one of serious study for scholars of law as distinguished from scholars of religion. Jewish law as taught in secular law schools is not that of religious ritual. It is the law of contracts, torts, damages, property, secured transactions, civil and criminal procedure, legal ethics, and consumer protection. In other words, it spans the …
The Decline Of Cause, Judith Jarvis Thomson
The Decline Of Cause, Judith Jarvis Thomson
Philip A. Hart Memorial Lecture
On April 2, 1987, Professor of Philosophy, Judith Jarvis Thomson of Massachusetts Institute of Technology, delivered the Georgetown Law Center’s seventh Annual Philip A. Hart Memorial Lecture: "The Decline of Cause."
Judith Jarvis Thomson works in ethics and metaphysics. Her book, The Realm of Rights (Harvard University Press, 1990) is a study of the questions what it is to have a right, and which ones we have. An article entitled "Self-Defense" appeared in Philosophy and Public Affairs (Fall 1991); another entitled "On some ways in which a thing can be good" appeared in Social Philosophy and Policy (Spring 1992).
Her …
Orphaned Rules In The Administrative State: The Fairness Doctrine And Other Orphaned Progeny Of Interactive Deregulation, Susan Low Bloch
Orphaned Rules In The Administrative State: The Fairness Doctrine And Other Orphaned Progeny Of Interactive Deregulation, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
The recent trend toward deregulation has revealed a fundamental weakness in our administrative state. Agencies that have decided to eliminate agency-created rules that no longer serve their statutory mandate are effectively prevented from doing so by pressure from members of Congress who want to preserve the rule but are unable or unwilling to enact it as law.
International Law’S Contributions To Peace, Barry E. Carter
International Law’S Contributions To Peace, Barry E. Carter
Georgetown Law Faculty Publications and Other Works
The progressive development of international law has helped move the world forward in a wide variety of ways along the paths to peace. It is a story that is often not understood or appreciated.
Looking For A Better Way: The Sanction Laws Of Key U.S. Allies, Barry E. Carter
Looking For A Better Way: The Sanction Laws Of Key U.S. Allies, Barry E. Carter
Georgetown Law Faculty Publications and Other Works
When it comes to imposing economic sanctions for foreign policy purposes, the Chief Executives of the United Kingdom, West Germany, andJapan have broad authority to control their respective countries' exports, imports, and private financial transactions. This authority differs from that of the U.S. President who, under present U.S. law, has wide discretion to cut off almost all exports, but has only limited control over imports and over foreign loans by private U.S. banks. This is in the absence of a declared national emergency, where the President has sweeping powers.
Causation In Torts, Crimes, And Moral Philosophy: A Reply To Professor Thomson, Paul F. Rothstein
Causation In Torts, Crimes, And Moral Philosophy: A Reply To Professor Thomson, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
Professor Judith Jarvis Thomson's provocative article, 'The Decline of Cause,' focuses on the diminishing importance of causation in law and moral philosophy. In this reply, I suggest answers to some of the questions Professor Thomson raises.
Professor Thomson's article revolves around various forms of a classic dilemma: two persons take equal care but, through chance, their actions produce different results. Does the outcome of their actions matter in a moral assessment of those actions? Professor Thomson first sets out what the styles as the Kantian and 'moral sophisticates" position that the outcome of an act does not and should not …
Adjudication Is Not Interpretation: Some Reservations About The Law-As-Literature Movement, Robin West
Adjudication Is Not Interpretation: Some Reservations About The Law-As-Literature Movement, Robin West
Georgetown Law Faculty Publications and Other Works
Among other achievements, the modern law-as-literature movement has prompted increasing numbers of legal scholars to embrace the claim that adjudication is interpretation, and more specifically, that constitutional adjudication is interpretation of the Constitution. That adjudication is interpretation -- that an adjudicative act is an interpretive act -- more than any other central commitment, unifies the otherwise diverse strands of the legal and constitutional theory of the late twentieth century.
In this article, I will argue in this article against both modern forms of interpretivism. The analogue of law to literature, on which much of modern interpretivism is based, although fruitful, …
Asbestos And The Dalkon Shield: Corporate America On Trial, Joseph A. Page
Asbestos And The Dalkon Shield: Corporate America On Trial, Joseph A. Page
Georgetown Law Faculty Publications and Other Works
Asbestos and the Dalkon Shield intrauterine device share a number of unhappy distinctions. Both products have exacted a terrible human toll. Damage suits seeking recovery for harm linked to both have put considerable strain on the judicial system. Corporate decisions made in the course of marketing both have been deemed reprehensible. Manufacturers of both have sought refuge in bankruptcy. And both have provided the grist for hard-hitting books by veteran investigative journalists.
Paul Brodeur's Outrageous Misconduct: The Asbestos Industry on Trial returns a harsh verdict against the Manville Corporation and others directly and indirectly involved in the production of what …
Squaring Undisclosed Agency Law With Contract Theory, Randy E. Barnett
Squaring Undisclosed Agency Law With Contract Theory, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
The law of undisclosed agency has long been considered an anomaly of contract theory. While few disapprove of its content, this body of law does not appear to square with our theoretical understanding of contractual obligation. In this Article, Professor Barnett applies a "consent theory of contract" to explain and critically evaluate the law of undisclosed agency. After showing why standard contract theories have been unable to explain the established doctrine in this area, he analyzes the nexus of obligations arising from the consensual "triangular flow of rights" among the three parties to the paradigm undisclosed agency relationship. He then …
Secret Rights, Girardeau A. Spann
Secret Rights, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
Since the seventeenth century, when the concept of rights first came into vogue, philosophers and social theorists have struggled to articulate an acceptable theory of individual rights, but their efforts remain largely unsatisfactory. Without exception, each effort falters when it attempts to describe the contours of the rights that are entitled to protection or to explain the ways in which competing claims of right should interact. This is true whether a theorist seeks to define a right through reference to its substantive content or through reference to the procedures by which the right can be recognized. Given the collective stature …
On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum
On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Critical legal scholarship challenges the liberal claim that modern western societies are characterized by "the rule of law." The liberal conception of the rule of law, critical scholars contend, serves to mystify and legitimate the legal system and thereby obscure the real issues behind individual cases as well as the real nature of the legal system. Frequently, the claim that legal rules are indeterminate is the starting point for such a critique of the rule of law. What I call the indeterminacy thesis goes roughly like this: the existing body of legal doctrines-statutes, administrative regulations, and court decisions-permits a judge …
The Future Of Public Health Law, Lawrence O. Gostin
The Future Of Public Health Law, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Developments in medicine and constitutional law dictate modification of public health legislation in the United States. Traditionally overlooked by legislators, present public health laws provide inadequate decision-making criteria and inappropriate procedures for dealing with issues. Revised legislation should provide health care officials and agencies with the tools to balance individual rights against public health necessities. This article makes four recommendations for legislative reform: (1) remove artificial legislative distinction between venereal and other communicable diseases; (2) provide criteria defining "public health necessity" to limit discretionary exercise of police power by health officials; (3) provide strong confidentiality protections in the collection and …