Law Commons^™

Uncle Sam Is Watching You, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Brief For Prof. Stephen B. Cohen, Pro Se, As Amicus Curiae Supporting Respondents, Commissioner Of Internal Revenue V. Banks, Nos. 03-892 & 03-907 (U.S. Aug. 16, 2004), Stephen B. Cohen

U.S. Supreme Court Briefs

No abstract provided.

Pops, Pic, And Lrtap: The Role Of The U.S. In Draft Legislation To Implement These International Conventions : Testimony Before The H. Subcomm. On Environment And Hazardous Materials Of The H. Comm. On Energy And Commerce, 108th Cong., Jul. 13, 2004 (Statement Of Lisa Heinzerling, Prof. Of Law, Geo. U. L. Center), Lisa Heinzerling

Testimony Before Congress

No abstract provided.

Brief Of Amici Curiae Paralyzed Veterans Of America Et Al., Spector V. Norwegian Cruise Line Ltd., No. 03-1388 (U.S. Jul. 5, 2004), Richard Mckewen, David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Supreme Court Statistical Overview, October Term 2003, Georgetown University Law Center, Supreme Court Institute, Liz Hollander

Supreme Court Overviews

No abstract provided.

Aiding Terrorists: Hearing Before The S. Comm. On The Judiciary, 108th Cong., May 5, 2004 (Statement Of David D. Cole, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Brief Of Respondents In Opposition, In Re Green Tree Financial Corp., No. 03-1243 (U.S. Apr. 22, 2004), Cornelia T. Pillard

U.S. Supreme Court Briefs

No abstract provided.

Appropriate Role Of Foreign Judgments In The Interpretation Of American Law: Hearing Before The H. Comm. On The Judiciary, 108th Cong., Mar. 25, 2004 (Statement Of Vicki C. Jackson, Prof. Of Law, Geo. U. L. Center), Vicki C. Jackson

Testimony Before Congress

No abstract provided.

Brief For American Public Health Association Et Al. As Amici Curiae Supporting Respondents, Department Of Transportation V. Public Citizen, No. 03-358 (U.S. Mar. 12, 2004), Hope M. Babcock, Lisa Goldman

U.S. Supreme Court Briefs

No abstract provided.

Democracy In Hong Kong: Hearing Before The Subcomm. On East Asian And Pacific Affairs Of The S. Comm. On Foreign Relations, 108th Cong., Mar. 4, 2004 (Statement Of Professor James V. Feinerman, Geo. U. L. Center), James V. Feinerman

Testimony Before Congress

No abstract provided.

Trade And Human Rights: The Future Of U.S.-Vietnamese Relationships: Hearing Before The S. Comm. On Foreign Relations, 108th Cong., Feb. 12, 2004 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.

Toward A New Constitutional Anatomy, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

There is an important sense in which our Constitution's structure is not what it appears to be--a set of activities or functions or geographies, the 'judicial" or the "executive" or the "legislative" power, the "truly local and the truly national. "Indeed, it is only if we put these notions to the side that we can come to grips with the importance of the generative provisions of the Constitution: the provisions that actually create our federal government; that bind citizens, through voting, to a House of Representatives, to a Senate, to a President, and even, indirectly, to a Supreme Court. In …

Brief Amici Curiae Of Legal Historians Listed Herein In Support Of The Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 14, 2004), James Oldham

U.S. Supreme Court Briefs

No abstract provided.

Brief Of International Law And Jurisdiction Professors As Amici Curiae Supporting Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 12, 2004), Barry E. Carter

U.S. Supreme Court Briefs

No abstract provided.

Domestic And External Debt: The Doomed Quest For Equal Treatment, Anna Gelpern, Brad Setser

Georgetown Law Faculty Publications and Other Works

Until recently, governments borrowed from domestic residents and foreign investors using very different instruments. Residents bought "domestic debt" - paper denominated in local currency and governed by domestic law. Foreign investors preferred "external debt", which offered foreign currency and foreign law. Because there was virtually no overlap between resident and nonresident holdings, it mattered little that lawyers and economists defined domestic and external debt differently: lawyers focused on features such as governing law and jurisdiction, economists on the holder's residence and currency of denomination. The legal and economic definitions of domestic and external debt were effectively bundled: "domestic debt" meant …

Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton

Georgetown Law Faculty Publications and Other Works

Part I describes the disruptive role the pari passu clause plays in sovereign debt compositions, stating the case favoring the narrow reading. Part II reconsiders the economic incentives in play at the time lenders close loans to sovereigns, stating a case for the broad reading. Part III works the competing readings through the legal framework of bond contract interpretation. The exercise shows that the matter comes down to a choice between an ex ante reading, conducted as of the time the contract is executed and delivered, and an ex post reading, conducted as of the later time of distress. The …

Constitutional Dialogue And Human Dignity: States And Transnational Constitutional Discourse, Vicki C. Jackson

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court has been slower than some other national courts to become familiar with and discuss, distinguish, or borrow from related constitutional approaches of other nations and systems. The growth in transnational judicial discourse, especially on constitutional issues relating to human rights, has been remarked by many. National courts in Argentina, Botswana, Canada, Germany, India, South Africa, and elsewhere not infrequently refer to the constitutional jurisprudence of other nations in resolving domestic constitutional questions. Although such references are not unheard of in the United States, transnational discourse involving national courts, supranational and international tribunals is still subject to …

International Law Status Of Wto Dispute Settlement Reports: Obligation To Comply Or Option To "Buy Out"?, John H. Jackson

Georgetown Law Faculty Publications and Other Works

In four further parts of this comment, I undertake to fulfill my "obligation" to present a more thorough analysis. In part II, I briefly introduce some of the different elements that would go into normal treaty interpretation related to the issue in question, such as which text should be part of the analysis and whether "preparatory work" or intent of the parties, including statements by some nation-state governmental officials made contemporaneously with the drafting of the treaty, should be considered. Likewise, I mention the importance of the forty seven years of GATT practice to the interpretive process, and I note …

Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

In Lawrence v. Texas, the Supreme Court performed a double move, creating a dramatic discursive moment: it both decriminalized consensual homosexual relations between adults, and, simultaneously, authorized a new regime of heightened regulation of homosexuality. How that happened and what we can expect next are the subjects of this essay.

Living With Lawrence, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

This Article will proceed in three steps. First, I will examine the Court's treatment of liberty. I see Lawrence as marking the emergence of a new approach to substantive due process analysis, one that has been simmering in the concurring opinions of Justices Souter, Stevens, and Kennedy for the last decade. These three Justices apparently now have a majority for extending meaningful constitutional protection to liberty interests without denominating them as fundamental rights. They also appear to be jettisoning, at least prospectively, a special category for privacy rights. Second, I will turn my attention to the ramifications of Lawrence's equality …

Egyptian Feminism: Trapped In The Identity Debate, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

This Article argues that if we wish to account for the limited gains made in the area of family law reform in Egypt in the twentieth century, it is crucial to relate the debate on family law with another debate, one revolving around the identity of the Egyptian legal system. Whereas the dispute over family law reform forced decisions on gender and the family, the contest surrounding identity centered on the ongoing and agonized struggle by Egyptians to define the nature of their country's contemporary cultural identity. The question of identity was often framed as a debate over the "character" …

Walking The Clinical Tightrope: Enhancing The Role Of Teacher, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

The University of Maryland School of Law is celebrating thirty years of providing exceptional clinical education. Such occasions offer unique opportunities to reflect. In thirty years there has been a lot of growth and a lot of change. Some say that the change has detoured us from the ultimate goal of client service and access to justice. I say that the thirty years have changed us for the better. One thing that hasn't changed is that clinicians still have an abiding interest in dealing with social injustices and in playing a proactive role in ensuring a just society. Thirty years …

Health Of The People: The Highest Law?, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Law and ethics in population health are undergoing a renaissance. Once fashionable during the Industrial and Progressive eras, the ideals of population health began to wither with the rise of liberalism in the late twentieth century. In their place came a sharpened focus on personal and economic freedom. Political attention shifted from population health to individual health and from public health to private medicine.

The field of public health law and ethics needs a theory and definition (what is public health law and ethics and what are its doctrinal boundaries?); a well-articulated vision (why should health be a salient public …

Getting Spending: How To Replace Clear Statement Rules With Clear Thinking About Conditional Grants Of Federal Funds, Brian Galle

Georgetown Law Faculty Publications and Other Works

How much federalism is too much? The answer, of course, depends on whom you ask. It is no surprise, then, that in both judicial and academic debates about the proper balance between national and local power, the fiercest arguments have been fought not over "how much?" (perhaps an impossible question in any event) but "who?" Thus, for each key aspect of national power-for example, the scope of the Commerce and Treaty powers, the Tenth and Fourteenth Amendments, and Congress's ability to subject states to suits for damages by private individuals -- there is an accompanying literature considering who best to …

Judicial Review In The United States And In The Wto: Some Similarities And Differences, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Among international organizations, the World Trade Organization (WTO) is widely credited with having the most effective dispute settlement system. Its highly developed dispute settlement system, which is one of the few in international law to include a standing appellate body, invites comparisons to the institution of judicial review in the United States under the paradigm of Marbury v. Madison. Such a comparison yields insights about both the WTO dispute settlement system and Marbury-style judicial review. This article first notes an important parallel between the two systems: like the WTO, judicial review in the United States began as the …

The Gifts Of Mary Dunlap (1949-2003), Wendy Webster Williams

Georgetown Law Faculty Publications and Other Works

I guess it never really occurred to me that Mary was mortal. It certainly never crossed my mind that I would somehow be around, alive and kicking, in a world without Mary in it. Mary Cynthia Dunlap, larger than life, a force of nature, who filled up a room with her presence, her tall solid self, her waving arms, her energy, her laugh, her voice, her words and words and more words, her hair that (of course) stood straight up on her head, electrified. Mary who, Saint Frances-like, rescued birds and fed them in her big palms, loved dogs and …

When Are Capitalization Exceptions Justified?, Ethan Yale

Georgetown Law Faculty Publications and Other Works

It is a widely accepted general principle that a taxpayer should capitalize an expenditure that produces a benefit lasting beyond the current tax period. Yet rules putting this principle into practice are among the most controversial in all of federal income taxation. Many argue that a retreat from the general principle is warranted when designing capitalization rules, and even those who argue that capitalization rules ought to be sweeping usually conclude that exceptions are necessary or desirable. For instance, most commentators accept uncritically that expenses incurred to procure certain intangible capital should be expensed, as under current law, without exploring …

Panel Ii: Public Appropriation Of Private Rights: Pursuing Internet Copyright Violators, Rebecca Tushnet, Michael Carlinsky, Justin Hughes, Sonia Katyal

Georgetown Law Faculty Publications and Other Works

It seems to me that the story of music on the Internet over the past five or six years is the story of two fantasies colliding. The first fantasy is that information wants to be free, that with the Internet we can throwaway all the bottles and just have the wine and the free flow of data, which apparently was generated from somewhere and then circulated forever. So, there was that fantasy, that we would not need copyright anymore because everything would be available to everyone. The other fantasy is the record companies' fantasy of perfect control, that there would …

Clients As Teachers, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

I am deeply honored to have been selected to hold the William Van Cleve Chair. After the announcement several months ago, I have had the pleasure of having people tell me just how wonderful a man Bill Van Cleve was and how lucky I am to have this chair in honor of him. The picture that I have gotten of this man is truly that of the lawyer statesman. He took his profession very seriously. He approached his work with dedication and passion but, more significantly, he loved his profession in the broadest sense. He understood that the practice of …

Introduction: Rawls And The Law, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Professor John Rawls of Harvard University, who died in November of 2002, is widely regarded as the most important political philosopher of the twentieth century, and his influence on legal thought was particularly profound. There have been a number of conferences or symposia on Rawls's individual books, such as A Theory of Justice and Political Liberalism, but, astonishingly, until the symposium presented in this issue of the Fordham Law Review was held in November 2003, no symposium or conference had focused on the implications of his work for the law. Simply because of its subject, then, this symposium was of …