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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.
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 …
A Tribute To Gene W. Matthews, Lawrence O. Gostin
A Tribute To Gene W. Matthews, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Conference Center, across the street from the Centers for Disease Control and Prevention (CDC) on Clifton Road in Atlanta, I sat on a leather sofa with one of my oldest, dearest friends-Gene Matthews, Legal Adviser to the CDC. Gene asked to meet me to talk about how we might invigorate the field of public health law. Matthews and his colleagues at CDC were hatching an idea to commence a grass-roots movement in public health law.
The Original Meaning Of The Necessary And Proper Clause, Randy E. Barnett
The Original Meaning Of The Necessary And Proper Clause, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In this Article, I present the evidence of the original public meaning of the Necessary and Proper Clause." These findings will, of course, be of interest to originalists. But, they should also be of interest to the many constitutional scholars who consider original meaning to be one among several legitimate modes of constitutional analysis, or who consider original meaning the starting point of a process by which this meaning is translated into contemporary terms. By either account, it is important to find the correct original meaning, even if it is not dispositive of today's cases and controversies. I will show …
Drm And Privacy, Julie E. Cohen
Drm And Privacy, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Interrogating the relationship between copyright enforcement and privacy raises deeper questions about the nature of privacy and what counts, or ought to count, as privacy invasion in the age of networked digital technologies. This Article begins, in Part II, by identifying the privacy interests that individuals enjoy in their intellectual activities and exploring the different ways in which certain implementations of DRM technologies may threaten those interests. Part III considers the appropriate scope of legal protection for privacy in the context of DRM, and argues that both the common law of privacy and an expanded conception of consumer protection law …
The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks
The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks
Georgetown Law Faculty Publications and Other Works
The goal of this Article is to participate in the challenging project of carving out a new area of study in the place where international law, comparative law, and domestic law intersect. In this Article, I use the story of flawed rule-of-law assistance efforts to demonstrate the importance of this inquiry. I take as a basic premise that there are many situations in which it is justifiable and beneficial for the U.S. and other actors to seek to promote human rights and the rule of law abroad, and that at times even military interventions are a necessary and justifiable part …
Security And Freedom: Are The Governments' Efforts To Deal With Terrorism Violative Of Our Freedoms?, David Cole
Security And Freedom: Are The Governments' Efforts To Deal With Terrorism Violative Of Our Freedoms?, David Cole
Georgetown Law Faculty Publications and Other Works
One of the most common things that is said about September 11th is that it changed everything. In some respects, that is true. In the most important respects it would be more accurate to say it has changed everything for some, far more than it has for others. One instance of that can be seen in a pole that National Public Radio did one year after September 11th. They asked people to what extent their life had changed. They asked them whether they had to give up any important rights or freedoms in the war on terrorism. Only seven percent …
The Joy Of Teaching Legislation, Chai R. Feldblum
The Joy Of Teaching Legislation, Chai R. Feldblum
Georgetown Law Faculty Publications and Other Works
I am going to talk about teaching legislation, a class I have taught several times at Georgetown University Law Center, as well as teaching a federal legislation clinic, which I founded ten years ago at the law school. Bill Eskridge has done a wonderful job laying out the different ways one can teach a course in legislation; you will see that my approach focuses on teaching the skills that, as Bill also correctly noted, all young lawyers will need when they start practicing.
David Feller, Senior Partner, Michael H. Gottesman
David Feller, Senior Partner, Michael H. Gottesman
Georgetown Law Faculty Publications and Other Works
While in law school, in the late 1950's, I decided that I wanted a career in labor law, representing unions. I asked my labor law professor what firms I should consider. He told me there was one firm nationwide that stood out from all the rest: Goldberg, Feller and Bredhoff. He warned, though, that the firm was very small, and the chances of getting a job there remote. I did some research and discovered that the firm had only four lawyers: three partners (Arthur Goldberg, Dave Feller, and Elliot Bredhoft), and one associate (Jerry Anker). The firm was General Counsel …
A History Lesson: Reparations For What?, Emma Coleman Jordan
A History Lesson: Reparations For What?, Emma Coleman Jordan
Georgetown Law Faculty Publications and Other Works
A major difficulty facing the reparations-for-slavery movement is that to date the movement has focused its litigation strategies and its rhetorical effort upon the institution of slavery. While slavery is the root of modern racism, it suffers many defects as the centerpiece of a reparations litigation strategy. The most important difficulty is temporal. Formal slavery ended in 1865. Thus, the time line of potentially reparable injury extends to well before the period of any person now living. The temporal difficulty arises from the conventional expectations of civil litigation, which require a harmony of identity between the defendants and the plaintiffs. …
Suing The Federal Government: Sovereignty, Immunity, And Judicial Independence, Vicki C. Jackson
Suing The Federal Government: Sovereignty, Immunity, And Judicial Independence, Vicki C. Jackson
Georgetown Law Faculty Publications and Other Works
As I suggest below in Part I, federal sovereign immunity was a doctrine of limited effect in the early years of this republic and allowed for a number of remedies for governmental wrongdoing. Moreover, the constitutional provenance of federal "sovereign immunity" is obscure, and was a matter of genuine uncertainty in early years. Over time the doctrine developed, drawing support from some aspects of constitutional architecture as well as from unreasoning and mistaken extensions of other versions of "sovereign immunity." Among the strands of constitutional structure behind federal "sovereign immunity" are Congress' powers over appropriations and the jurisdiction of the …
Law And Force After Iraq: A Transitional Moment, Jane E. Stromseth
Law And Force After Iraq: A Transitional Moment, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
What impact will the Iraq war of 2003 have on international law governing the use of force and on the future of the United Nations Security Council? Some commentators have proclaimed that the military intervention led by the United States amounted to the "death" of the UN Charter and the end of "the grand attempt to subject the use of force to the rule of law." The Security Council's failure to reach agreement--in the face of French-U.S. antagonisms--spells the end, they argue, of an effective Council role in addressing major threats to peace and security. My own view is that …
An Imperial Security Council? Implementing Security Council Resolutions 1373 And 1390, Jane E. Stromseth
An Imperial Security Council? Implementing Security Council Resolutions 1373 And 1390, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
The UN Security Council has taken important steps against terrorism since the attacks of September 11, 2001. Some of those steps build on previous Security Council counterterrorism efforts; others represent significant innovations. I will focus in particular on Resolution 1373, which the Council adopted on September 28, 2001, and on Resolution 1390, adopted four months later in January 2002.
When Terrorism Threatens Health: How Far Are Limitations On Personal And Ecomonic Liberties Justified, Lawrence O. Gostin
When Terrorism Threatens Health: How Far Are Limitations On Personal And Ecomonic Liberties Justified, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The government is engaged in a homeland-security project to safeguard the population's health from potential terrorist attacks. This project is politically charged because it affords the state enhanced powers to restrict personal and economic liberties. Just as governmental powers relating to intelligence, law enforcement, and criminal justice curtail individual interests, so too do public health powers.