Law Commons^™

Natural Law As Professional Ethics: A Reading Of Fuller, David Luban

Georgetown Law Faculty Publications and Other Works

In Plato's Laws, the Athenian Stranger claims that the gods will smile only on a city where the law "is despot over the rulers and the rulers are slaves of the law." This passage is the origin of the slogan "the rule of law not of men," an abbreviation of which forms our phrase "the rule of law." From Plato and Aristotle, through John Adams and John Marshall, down to us, no idea has proven more central to Western political and legal culture. Yet the slogan turns on a very dubious metaphor. Laws do not rule, and the "rule of …

Supplemental Brief Of Respondents Al Gore Jr. And Florida Democratic Party, Bush V. Palm Beach County Canvassing Bd., No. 00-836 (U.S. Nov. 30, 2000), Neal K. Katyal, Peter J. Rubin

U.S. Supreme Court Briefs

No abstract provided.

Reply Brief Of Respondents Al Gore, Jr., And Florida Democratic Party, George W. Bush V. Palm Beach County Canvassing Board, No. 00-836 (U.S. Nov. 30, 2000), Neal K. Katyal, Peter J. Rubin

U.S. Supreme Court Briefs

No abstract provided.

Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Petition For A Writ Of Certiorari, Calhoun V. Yamaha Motor Corp, No. 00-681 (U.S. Oct 30, 2000), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Petition For A Writ Of Certiorari, Arons V. Office Of Disciplinary Counsel Of The Supreme Court Of De, No. 00-509 (U.S. Oct 02, 2000), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Brief For Respondents Massachusetts And New Jersey, American Trucking Associations, Inc. V. Browner, Nos. 99-1257 & 99-1426 (U.S. Sep. 11, 2000), Lisa Heinzerling, Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

Secret Evidence Repeal Act Of 1999, Part 2: Hearing Before The H. Comm. On The Judiciary, 106th Cong., May 23, 2000 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Report On The Workshop On Refugee And Asylum Policy In Practice In Europe And North America, Randall Hansen, Susan Martin, Andrew I. Schoenholtz, Patrick Weil

Georgetown Law Faculty Publications and Other Works

Western nations have struggled to accomplish the dual goals of refugee and asylum policies: (1) identifying and protecting Convention refugees as well as those fleeing civil conflict; and (2) controlling for abuse. The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue to explore just how well these asylum systems are balancing the dual goals. The workshop exa!llined key elements of the U.S. and European asylum systems: decision making on claims, deterrence of abuse, independent review, return of rejected asylum seekers, scope of the refugee concept, social rights and …

Asylum In Practice: Successes, Failures, And The Challenges Ahead, Susan Martin, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue aimed at understanding just how well these asylum systems are balancing the dual goals. The Workshop was convened by the Institute for the Study of International Migration (ISIM) of Georgetown University and the Center for the Study of Immigration, Integration and Citizenship Policies (CEPIC) of the Centre Nationale de Recherche Scientifique, with the support of the German Marshall Fund of the United States. It was held on July 1-3, 1999, at Oxford University.

The workshop examined key issues …

Brief For William E. Brock And John Mccain Et Al., California Democratic Party V. Jones, No. 99-401 (U.S. Mar. 30, 2000), Viet D. Dinh, Paul F. Rothstein, Roy A. Schotland, Don Wallace Jr.

U.S. Supreme Court Briefs

No abstract provided.

Private Property Rights And Telecommunications Policy: Hearing Before The H. Comm. On The Judiciary, 106th Cong., Mar. 21, 2000 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.

Unborn Victims Of Violence Act Of 1999: Hearing On S. 1673 Before The S. Comm. On The Judiciary, 106th Cong., Feb. 23, 2000 (Statement Of Peter J. Rubin, Prof. Of Law, Geo. U. L. Center), Peter J. Rubin

Testimony Before Congress

No abstract provided.

Secret Evidence Repeal Act Of 1999, Part 1: Hearing Before The H. Comm. On The Judiciary, 106th Cong., Feb. 10, 2000 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Petition For A Writ Of Certiorari, Cayetano V. Chevron Usa, Inc., No. 00-1198 (U.S. Jan. 24, 2000), J. Peter Byrne

U.S. Supreme Court Briefs

No abstract provided.

Thirty Years Of Environmental Protection Law In The Supreme Court, Richard J. Lazarus

Georgetown Law Faculty Lectures and Appearances

It is an honor to present a lecture named after Lloyd Garrison and to be here at Pace Law School. It is especially fitting, of course, that the first Garrison Lecture was presented by Pace's own David Sive. Professor Sive, as we all know, worked closely with Garrison on the celebrated Scenic Hudson litigation. Few legal counsel have been so closely identified with the emergence of the environmental law profession during the past three decades. Indeed, if there were such a thing as a legal thesaurus that linked substantive areas of law with lawyers and one looked up "environ-mental law," …

Evidence Issues In Domestic Violence Civil Cases, Jane H. Aiken, Jane C. Murphy

Georgetown Law Faculty Publications and Other Works

This article is intended to assist practitioners in anticipating and responding to some of the evidentiary challenges in civil cases in which relief is sought for the victims of domestic violence. First, expert testimony is often necessary to dispel common myths about battered women and to educate judges and juries about the dynamics of domestic violence. Recent case law, however, has limited the admissibility of "non-scientific" expert testimony and may make it difficult for practitioners to use experts in their cases. In addition, particular evidentiary issues arise when victims are pursuing both criminal and civil remedies against the batterer. This …

The Public And Private Lives Of Presidents, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Focusing on a frequent theme in the executive privilege arguments advanced by the Clinton Administration, Neal Kumar Katyal explores the distinction drawn between the public and private lives of the President, particularly in the Paula Jones and Monica Lewinsky cases. He argues that the Administration's difficulties in asserting executive privilege claims following these cases demonstrate that the public/private distinction is not entirely valid He asserts that, unlike members of Congress who have time when they are not in session, the President is unique in that he is in office twenty-four hours a day. He argues that this special constitutional status …

Gay People, Trans People, Women: Is It All About Gender?, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

A few gay rights theorists have long pointed out that discrimination on the basis of sexual orientation can be conceived of as discrimination based on sex. But those of us who play primarily in the legislative or litigation arenas have largely ignored the practical applications of that insight. In this brief essay, I want to consider whether it makes sense for gay rights legislative advocates and litigators to continue to downplay the gender non-conformity aspects of gay sexual orientation . . . the first part of this essay reviews activities that occurred between 1993 and 2001 regarding coverage of gender …

The Tax Of Physics, The Physics Of Tax, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

Sometimes ideas from science illuminate muddled legal thinking. Physics teaches that, for every particle of matter, there exists a corresponding particle of anti-matter. A particle of matter and its corresponding particle of anti-matter are identical except that they have opposite electrical charges. A proton's charge is positive, an anti-proton's negative. When matter and anti-matter meet, they produce the most powerful explosion in nature, totally annihilating each other.

With these laws of physics in mind, consider that a donor can make a gift in one of two ways: either by assuming a debt or by transferring as asset. In an instance …

Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin West

Georgetown Law Faculty Publications and Other Works

Allan Hutchinson remarks at the beginning of his interesting article that Gadamer's writings have had only a peripheral influence on legal scholarship -- only occasionally cited, and then begrudgingly so, and never given the serious attention they deserve or require. Nevertheless, Hutchinson acknowledges, Gadamerian influences can be noted -- particularly in the now widely shared understanding that adjudication is, fundamentally, an interpretive exercise. Even with this qualification, though, I think Hutchinson understates Gadamer's impact. Whatever may be true of Gadamer's influence in other disciplines, his influence in law has been unambiguously both broad and deep -- although it has come …

Writing Off Race, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The constitutionality of affirmative action has now become one of the central topics in the politics of race. Ironically, the United States Constitution says absolutely nothing about affirmative action. The text never mentions the term, and the equal protection language in the Fourteenth Amendment simply begs the question of whether equality requires or precludes the use of affirmative action. The intent of the Framers is similarly unhelpful. We know that the drafters of the Fifth Amendment owned slaves, and the drafters of the Fourteenth Amendment envisioned a racially stratified society. But the Fourteenth Amendment was itself an affirmative action measure, …

When Winning Isn’T Everything: The Lawyer As Problem Solver, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Today I want to address the question of what the modern lawyer needs to know and what the modern lawyer must know how to do to be good at what he or she does, to be helpful to clients, to lead a fulfilling life, and hopefully, to leave the world a better place than he or she first found it. I went to law school to work on that illusive jurisprudential concept - justice. On the outside walls of the Edward Bennett Williams Library where I work in Washington, DC, is a quote, which we attribute to a former Georgetown …

Telling Stories In School: Using Case Studies And Stories To Teach Legal Ethics, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In this Foreword I will explore why we use stories and case studies (and whether stories and case studies are equal to the task) to examine ethical and moral issues in the practice of law and provide an introduction to the interesting tales which will enfold in this Symposium issue. I conclude with some thoughts about how stories and cases should be used to teach legal ethics.

Competitive Effects Of Partial Ownership: Financial Interest And Corporate Control, Steven C. Salop, Daniel P. O'Brien

Georgetown Law Faculty Publications and Other Works

In this article, we set up an economic framework for analyzing the competitive effects of partial ownership interests. We have three main goals. First, we conceptually derive and explain the competitive effects of partial ownership, explaining its key elements and drawing analogies to the key ideas behind the analysis of horizontal mergers. Second, we present a general framework for evaluating the competitive effects of partial ownership that is analogous to, but at the same time recognizes key differences in the standard analysis for evaluating horizontal mergers. Third, we examine several methods of quantifying these competitive effects.

The Canon(S) Of Constitutional Law: An Introduction, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

Any discipline has a canon, a set of themes that organize the way in which people think about the discipline. Or, perhaps, any discipline has a number of competing canons. Is there a canon of constitutional law? A group of casebook authors met in December 1999 to discuss the choices they had made - what they had decided to include, what to exclude, what they regretted excluding (or including), what principles they used in developing their casebooks. Most of the authors were affiliated with law schools, but some had developed coursebooks for use in undergraduate political science and constitutional history …

Hard Choices: Thoughts For New Lawyers, David C. Vladeck

Georgetown Law Faculty Publications and Other Works

Rarely do law schools challenge students to examine their assumptions about what being a lawyer really means. Seldom do law schools undertake a probing examination of the role that lawyers play in society and the choices that lawyers have to make in terms of how they spend their working lives. For example, how many of you have a clue about the basic facts of our profession? How many lawyers there are in the United States? What do they do? What percentage work for the government? For large law firms? For small firms? For legal services organizations? For public interest groups? …

Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

This symposium originated in a session at the annual meeting of the American Society for Legal History held in Seattle in October 1998. Entitled "Labor, Law, and the State in the Interwar Period," the panel provided four different views of a decisive period in the development of labor law in the United States. In the 1980s the panel's chair, Katherine Van Wezel Stone, and commentator, Christopher L. Tomlins, published works that helped spark a modern revival in the historical study of U.S. labor law. The authors of the four papers presented at the session were more recent entrants into the …

Dc Consortium Of Legal Service Providers: Legal Services 2000 Symposium, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

My main point is to urge you to the see what is possible in the way of what I might call a public health approach to lawyering for the poor. In a public health approach you find something that has polluted the river and you clean it up at its source instead of just treating its victims one by one. In legal and societal terms, when we are discussing why so many children are growing up poor and dying a slow death of disappointment, the challenge is to think about it in a public health way. Of course we cannot …

Remarks, John H. Jackson

Georgetown Law Faculty Publications and Other Works

The limits of international trade must be understood within the context of the institutional framework of the WTO, in particular, the decision-making and dispute settlement processes. The WTO dispute settlement rules are contained in the Dispute Settlement Understanding (DSU), which is Annex 2 to the WTO agreement. The DSU includes some comments on the philosophy, the direction and the purposes of the dispute settlement procedures. Article 3.2 of the DSU has some very interesting phrases. One of those phrases (roughly paraphrased) says, ''None of the reports of the dispute settlement procedure should result in a change, addition, or subtraction from …