Law Commons^™

Empirical Methods Of Identifying And Measuring Market Power, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Entry Analysis Under The 1992 Horizontal Merger Guidelines, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Meditation On The Theoretics Of Practice, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Toward Global Citizenship In International Environmental Law, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, David Hunter, Margaret Bowman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Apa Procedural Rule Exemption: Looking For A Way To Clear The Air, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Public Employment Law And The Transition To Democracy In Chile, Robert Vaughn

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Proposals For Judicial Reform In Chile, Robert Vaughn

Scholarly Articles in Law Reviews & Journals

This Article explores the implications of different proposals for reforms by emphasizing a perspective that relates the proposals to the performance of the judiciary during the military regime in Chile. Part I of this Article describes the role of the judiciary prior to the coup and discusses its response to the human rights abuses of the military regime. Part II presents the principal proposals for reform and discusses them against this historic background. Part III of this Article suggests that these proposals offer a more radical change in the role of the judiciary in Chile than an examination of the …

Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas

Faculty Scholarship

In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …

Hungarian Legal Reform For The Private Sector, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller

Faculty Scholarship

Hungary is in the midst of a fundamental transformation toward a market economy. Although Hungary has long been in the forefront of efforts to reform socialism itself, after 1989 the goals of reform moved from market socialism toward capitalism, as the old Communist regime lost power and the idea of widespread private ownership gained acceptance. The legal framework – the "rules of the game – is now being geared toward encouraging, protecting, and rewarding entrepreneurs in the private sector.

This Article describes the evolving legal framework in Hungary in several areas: constitutional, real property, intellectual property, company, foreign investment, contract, …

The Reasonable Woman And The Ordinary Man, Carol Sanger

Faculty Scholarship

Nineteen ninety-one was a seismic year for sexual harassment. The first localized shift occurred in January, when the Ninth Circuit established that the standard by which sexual harassment in the workplace would be judged was no longer the reasonable man or even the reasonable person but rather the reasonable woman. In October a larger audience felt a much stronger jolt when Anita Hill spoke before the Senate Judiciary Committee.

Hill testified that Supreme Court nominee Clarence Thomas had sexually harassed her while she worked for him at the Department of Education and at the Equal Employment Opportunity Commission. Her testimony …

A Decade's Experience In Implementing A Land-Use Environmental Impact Assessment System In Israel In View Of The American And European Experience, Ruth Rotenberg, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

ii, 38 p. ; 28 cm

Restoring Faith In Natural Resource Policy-Making: Incorporating Direct Participation Through Alternative Dispute Resolution Processes, Kaleen Cottingham, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

8 p. ; 28 cm

Recreation Use Limits And Allocation On The Lower Deschutes River, Sarah F. Bates, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

iii, 73 p. ; 28 cm

Thurgood Marshall: Tax Lawyer, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

During his twenty-four years on the Supreme Court, Justice Thurgood Marshall wrote better opinions on the law of federal income taxation than any of his fellow Justices. This is, of course, a subjective appraisal which others may dispute. Nevertheless, from two decades of teaching federal income taxation, I am convinced of the quality of Marshall's work.

Environment And Trade As Partners In Sustainable Development: A Commentary, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

Trade is not an end in itself; rather, it is a means to an end. The end is environmentally sustainable economic development. So viewed, there are legitimate constraints on trading patterns and practices that are necessary to ensure that the "instrument of trade" leads to environmentally sustainable development. Measures needed to protect the environment cannot be forsworn simply because they may adversely affect free trading relationships.

Ex Post Facto In The Civil Context: Unbridled Punishment, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

This Article outlines the historical background of the Ex Post Facto Clause, focusing on the intent of the framers and the Supreme Court's narrowing of the Clause to apply only to criminal statutes and any civil statutes that are unmistakably punitive in nature. The focus then shifts to the problem of mixed motives in legislative acts.

Life After Hardwick, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

Unless or until it is narrowed or overruled, Bowers v. Hardwick will dominate the law concerning government regulation of sexuality. In Hardwick the Supreme Court upheld as constitutional a Georgia sodomy statute that made oral or anal intercourse a felony punishable by up to twenty years in prison. The Court ended its long reluctance to assess the constitutionality of limitations on sexuality as distinct from contraception by ruling that the protected zone created by the privacy right stops short of covering private consensual sexual relations between adults. In so ruling, the Court left in place a patchwork of prohibitory laws …

The Jurisprudence Of Non-Proliferation: Taking International Law Seriously, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This essay is about the power of the international law of nonproliferation- its mounting power in the world today and its properly augmented power in an enlightened future. The article focuses on three primary areas in which international law may play a greater role than is commonly appreciated in affecting the behavior of potential proliferators, their suppliers, and their resolute opponents. The three topics-areas in which the essay pleads for law to be taken even more seriously, and by a wider audience of governments and the international public-are: (a) treaties (especially the provisions of those treaties that commit the parties …

When Is An Amendment Not An Amendment? Modification Of Arms Control Agreements Without The Senate, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The tempest over the proposed "reinterpretation" of the Anti- Ballistic Missile Treaty has only barely been stilled, and the full impact of the dissolution and reorganization of the Soviet Union is far from clear. But already we can detect early warnings about the next probable source of intense constitutional conflict between the American executive branch and the Congress in their ongoing struggle for primacy in the conduct of United States foreign relations. This imminent battle-again arising in the context of disarmament treaties, perhaps the most controversial and crucial aspect of America's international public policy-has not yet been fully joined. But …

Conflicting Visions: A Critique Of Ian Macneil’S Relational Theory Of Contract, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Perhaps the leading contemporary critic of placing consent at the center of contract law has been Ian Macneil. In his book The New Social Contract as well as in a series of complex and richly textured articles spanning nearly two decades, Macneil has eloquently presented and defended his now well-known relational theory of contract. It is a tribute to the important core of previously neglected truth in Macneil's theory that, for all its complexity, the theory can be summarized succinctly.

Macneil presents nothing less than a "holistic" "social theory" of human exchange--with particular emphasis on the human activity of "projecting …

Treaty-Based Rights And Remedies Of Individuals, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Treaties are frequently described as contracts between nations. As instruments of international law, they establish obligations with which international law requires the parties to comply. In the United States, treaties also have the status of law in the domestic legal system. The Supremacy Clause declares treaties to be the "supreme Law of the Land" and instructs the courts to give them effect. The status of treaties as law in two distinct legal orders has given rise to unusual conceptual problems. In recent years, it has produced confusion among the courts regarding the enforceability of treaties in the courts by individuals. …

Book Review: The Aspirin Wars: Money, Medicine, And 100 Years Of Rampant Competition, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

The recent identification of a possible link between the long-term use of aspirin and a reduced incidence of colon and rectal cancer has directed renewed attention to a familiar household medication whose origins reach back to antiquity.

Competition from other painkillers had begun to cut deeply into the market once dominated by aspirin-based products when studies indicated the possibilities, first that the regular consumption of aspirin might prevent second heart attacks, and later that it might lower the risk of heart attacks in healthy individuals. If these two discoveries, as well as the new finding about colon and rectal cancers, …

Thurgood Marshall: Courageous Advocate, Compassionate Judge, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

Thurgood Marshall's life has spanned virtually the entire twentieth century, allowing him to witness its worst and its best. When he was born in 1908, segregation was legal and pervasive, and racial hatred extreme; in the year of his birth alone, eighty-nine black men were lynched. A grandson of slaves on both sides of his family, Marshall knew, from an early age, both the ugliness and the tenacity of racism. Determined to fight it, Marshall disregarded the difficulties and the dangers, and spent his life battling discrimination, earning the nickname "Mr. Civil Rights." His efforts, coupled with those of others …

Constitutional Scepticism, Robin West

Georgetown Law Faculty Publications and Other Works

Interpretive constitutional debate over the last few decades has centered on two apparently linked questions: whether the Constitution can be given a determinate meaning, and whether the institution of judicial review can be justified within the basic assumptions of liberalism. Two groups of scholars have generated answers to these questions. The "constitutional faithful" argue that meaning can indeed be determinately affixed to constitutional clauses, by reference to the plain meaning of the document, the original intent of the drafters, evolving political and moral norms of the community, or the best political or moral philosophical theory available and that, because of …

Reconstructing Liberty, Robin West

Georgetown Law Faculty Publications and Other Works

It is commonly and rightly understood in this country that our constitutional system ensures, or seeks to ensure, that individuals are accorded the greatest degree of personal, political, social, and economic liberty possible, consistent with a like amount of liberty given to others, the duty and right of the community to establish the conditions for a moral and secure collective life, and the responsibility of the state to provide for the common defense of the community against outside aggression. Our distinctive cultural and constitutional commitment to individual liberty places very real restraints on what our elected representatives can do, even …

Murdering The Spirit: Racism, Rights, And Commerce, Robin West

Georgetown Law Faculty Publications and Other Works

Patricia Williams' The Alchemy of Race and Rights: The Diary of a Law Professor, is an eloquent, profoundly original, and often brilliant collection of interdisciplinary essays and stories concerning the impact of racism and poverty on the human spirit; the historic and continuing role of law and legal institutions in defining, facilitating, and perpetuating those harms; and the possibilities and dangers imminent in the attempt to use law to effect a remedy for them. This is a book that we should celebrate: it reminds us that books are occasionally very, very important, that reading can be transformative, and that writing …

The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

To the surprise of many and the dismay of some, the U.S. Supreme Court took it upon itself last term to proclaim a national compromise on the question of abortion. The Court's announced truce, an elaboration on Justice O'Connor's "undue burden" idea, is pragmatic in design but unlikely to prove stable in practice. The three justices who spoke for the Court disparaged Roe with reluctant praise, then upheld its outer shell on the ground that social expectations and the need to sustain the appearance of the rule of law made it impolitic to do otherwise. This awkward doctrinal invention seems …

Corporate Takeover Of Teaching Hospitals, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This article explores the potential and the dangers of this novel form of collaboration between academic medicine and the for-profit world. The author focuses on those arrangements--purchases and leasing agreements--by which investor-owned corporations operate, for a profit, hospitals that serve as major medical teaching and research sites. He begins by reviewing how the evolving needs of academic medical centers and for-profit hospital chains have generated mutual interest in such arrangements. The author then considers some frequently expressed ethical, economic, and other public policy objections to the provision of hospital services by for-profit firms. Opponents of the acquisition and leasing of …