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Articles 6751 - 6780 of 6918
Full-Text Articles in Law
Lani Guinier And The Dilemmas Of American Democracy, Richard Briffault
Lani Guinier And The Dilemmas Of American Democracy, Richard Briffault
Faculty Scholarship
Lani Guinier, an experienced voting rights litigator and a professor of law at the University of Pennsylvania Law School, first came to national attention in the spring of 1993 when President Clinton nominated her to be assistant attorney general for civil rights. Labelled a "quota queen" by the Wall Street Journal, Guinier became the target of a fervent campaign to block her nomination. For several weeks, Guinier's law review articles on voting rights were the focus of a fierce national debate. Politicians and pundits expounded on her publications and spread snippets from her scholarship across the front pages and opinion …
Environmental Justice Clinics: Visible Models Of Justice, Hope M. Babcock
Environmental Justice Clinics: Visible Models Of Justice, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
This article examines and evaluates the contributions of environmental justice law clinics to pedagogy, law reform and legal services. The author bases her observations and conclusions on her experiences at Georgetown University Law Center where she teaches a course in environmental equity and supervises students in an environmental justice clinic.
Part II summarizes current knowledge about the incidences and causes of environmental inequity and the legal barriers to achieving environmental justice. This discussion highlights the distinctive aspects of environmental justice issues which influence the design of environmental justice clinical programs. Part III presents general information on legal clinical programs and …
Has The U.S. Supreme Court Finally Drained The Swamp Of Takings Jurisprudence? The Impact Of Lucas V. South Carolina Coastal Council On Wetlands And Coastal Barrier Beaches, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
This article argues that the Court's reliance on the law of property neither creates an internal inconsistency in takings law nor necessarily leads to further destruction of natural resources. Background principles of property law, such as custom and public trust, have long provided a basis for government protection of the public's interest in certain types of land, like the barrier beach David Lucas sought to develop.
Thus, the Lucas case need not be perceived as casting a constitutional cloud over laws protecting important ecosystems like wetlands and barrier beaches. The decision may not place these resources in greater danger from …
Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear
Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear
UF Law Faculty Publications
Constitutional scholars have long debated the relative merits of a conduct-based compulsory joinder rule. The dialogue has centered on the meaning of the “same offence” language of the Double Jeopardy Clause, concentrating specifically on whether it includes the factual circumstances giving rise to criminal liability or applies only to the statutory offenses charged. However, the Supreme Court, in United States v. Dixon, abandoned as “unworkable” a limited conduct-based approach it had fashioned just three years before in Grady v. Corbin.
This Article does not assess the frequency with which federal authorities prosecute joinable offenses separately. While such information ultimately is …
The World Trade Organization's Agreement On Government Procurement: Expanding Disciplines, Declining Membership?, Bernard Hoekman, Petros C. Mavroidis
The World Trade Organization's Agreement On Government Procurement: Expanding Disciplines, Declining Membership?, Bernard Hoekman, Petros C. Mavroidis
Faculty Scholarship
The Agreement on Government Procurement (GPA) – originally negotiated during the Tokyo Round – was renegotiated for the second time during the Uruguay Round. It is one of the WTO's so-called Plurilateral Agreements, in that its disciplines apply only to those WTO Members that have signed it. In contrast to most of the other Tokyo Round codes – e.g., the agreements on technical barriers to trade (standards), import licensing, customs valuation, subsidies, and antidumping – the GPA could not be 'multilateralized'. With the reintroduction of agriculture and textiles and clothing into the GATT, procurement has therefore become the major 'hole' …
The Four Doctrines Of Self-Executing Treaties, Carlos Manuel Vázquez
The Four Doctrines Of Self-Executing Treaties, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
A distinction has become entrenched in United States law between treaties that are "self-executing" and those that are not. The precise nature of this distinction--indeed, its very existence--is a matter of some controversy and much confusion. More than one lower federal court has pronounced the distinction to be the "most confounding" in the United States law of treaties. A tremendous amount of scholarship has sought to clarify this distinction, but the honest observer cannot but agree with John Jackson's observation that " [t]he substantial volume of scholarly writing on this issue has not yet resolved the confusion" surrounding it. The …
The Original Understanding Of The Takings Clause And The Political Process, William Michael Treanor
The Original Understanding Of The Takings Clause And The Political Process, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
The original understanding of the Takings Clause of the Fifth Amendment was clear on two points. The clause required compensation when the federal government physically took private property, but not when government regulations limited the ways in which property could be used. In 1922, however, the Supreme Court's decision in Pennsylvania Coal v. Mahon established a new takings regime. In an opinion by Justice Holmes, the Court held that compensation must be provided when government regulation "goes too far" in diminishing the value of private property. Since that decision, the Supreme Court has been unable to define clearly what kind …
Parlor Game, Philip Chase Bobbitt
Parlor Game, Philip Chase Bobbitt
Faculty Scholarship
The Constitution is not perfect. Indeed I don't know what 'perfection' is in a constitution, since it is an instrument for human hands and thus must bear within its possibilities all the potential for misuse that comes with the user. What I am sure of is that 'perfection' does not mean 'never needs to be amended,' since one important part of the Constitution is its provision for amendment (although I am inclined to believe that few of the amendments to the U.S. constitution were actually necessary.)
That said, a competition to find the "stupidest provision of the Constitution" is, to …
Competition Versus Consolidation: The Significance Of Organizational Structure In Financial And Securities Regulation, John C. Coffee Jr.
Competition Versus Consolidation: The Significance Of Organizational Structure In Financial And Securities Regulation, John C. Coffee Jr.
Faculty Scholarship
It's as predictable as the swallows' return to Capistrano. At the outset of each new Administration, a Presidential Task Force proposes a restructuring of the federal administrative agencies. New developments in rapidly evolving markets, it is argued, require a consolidation of agencies to generate a broader perspective, to create a "level playing field," and to end the possibility of a "race to the bottom" (to the extent that market participants can opt for one regulatory system over another). The proposal draws little overt criticism, but turf-conscious agencies quietly mobilize their constituencies to oppose the reform. The first sign of trouble …
Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard Harcourt
Faculty Scholarship
Criminal law opinions often project a distinct image of the accused. Sometimes, she is cast in a sympathetic light and may appear vulnerable or impressionable: a single mother, whose husband has died, struggling to raise her two, loving children; an impoverished, nineteen-year-old African-American with a fifth-grade education, "mentally dull and 'slow to learn;'" or a defenseless "obedient servant," protecting himself from an "adversary armed with a deadly weapon." On other occasions, the defendant may appear threatening, savage or even diabolical: a cold-blooded recidivist that escapes from a prison workcrew, brutally stabs, rapes and murders a woman, and returns for a …
Parents As Fiduciaries, Elizabeth S. Scott, Robert E. Scott
Parents As Fiduciaries, Elizabeth S. Scott, Robert E. Scott
Faculty Scholarship
Traditionally, the law has deferred to the rights of biological parents in regulating the parent-child relationship. More recently, as the emphasis of legal regulation has shifted to protecting children's interests, critics have targeted the traditional focus on parents' rights as impeding the goal of promoting children's welfare. Some contemporary scholars argue instead for a "child-centered perspective," in contrast to the current regime under which biological parents continue to have important legal interests in their relationship with their children. The underlying assumption of this claim is that the rights of parents and the interests of children often are conflicting, and that …
European Community Law From A U.S. Perspective, George A. Bermann
European Community Law From A U.S. Perspective, George A. Bermann
Faculty Scholarship
Although less than forty years have passed since the founding of the European Economic Community (now the European Community), the lifetime of the Community is well marked temporally. The term of each Commission furnishes a convenient time-line for measuring the Community's progress in legal integration. Since the 1970s, each year has been punctuated by two or more "summit" meetings of heads of state or government. These summits not only are key markings in their own right, but also furnish an occasion for additional monitoring of the Community's state of health. Throughout the 1970s and into the 1980s, the Community submitted …
Color-Coded Standing, Girardeau A. Spann
Color-Coded Standing, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
Remarkably, the Supreme Court has held that whites who wish to challenge the constitutionality of affirmative action plans have standing to do so. In Northeastern Florida Chapter of the Associated General Contractors v. City of Jacksonville the Supreme Court upheld the standing of non-minority construction contractors to challenge a minority setaside program under the Equal Protection Clause of the United States Constitution. What is remarkable is not that the result reached in the case was wrong, but that the Court was able to reach that result given its most recent standing precedents. In previous Terms, the Supreme Court had taken …
The Other Right-To-Life Debate: When Does Fourteenth Amendment Life End, Douglas O. Linder
The Other Right-To-Life Debate: When Does Fourteenth Amendment Life End, Douglas O. Linder
Faculty Works
No abstract provided.
Ethics And The Settlement Of Mass Torts: When The Rules Meet The Road, Carrie Menkel-Meadow
Ethics And The Settlement Of Mass Torts: When The Rules Meet The Road, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
The settlement of mass torts through the class action device presents some difficult and troubling issues, including important questions of due process, fairness, justice, efficiency, equality, equity, and ethics. In this context, some of these foundational values conflict with each other and must be "resolved" by judges who must decide actual cases. In analyzing the applicable laws and rules (class action rules, constitutional provisions, and ethics rules) we find answers or suggestions that are often ambiguous or contradictory. All of these unresolved ambiguities raise the question of whether mass torts are any different from any number of difficult cases our …
Whose Dispute Is It Anyway? A Philosophical And Democratic Defense Of Settlement (In Some Cases), Carrie Menkel-Meadow
Whose Dispute Is It Anyway? A Philosophical And Democratic Defense Of Settlement (In Some Cases), Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
I have often thought myself ill-suited to my chosen profession. I love to argue, but I am often too quick to say both, "yes, I see your point" and concede something to the "other side," and to say of my own arguments, "yes, but, it's not that simple." In short, I have trouble with polarized argument, debate, and the adversarialism that characterizes much of our work. Where others see black and white, I often see not just the "grey" but the purple and red-in short, the complexity of human issues that appear before the law for resolution.
In the last …
Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky
Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky
UF Law Faculty Publications
This Article explores common formalist themes, asking not whether formalism's aspirations are attainable but why formalists still struggle to attain them in the face of sustained attacks by anti-formalists. After briefly sketching the tenets of formalism in Section I, this Article turns to an examination of Summers' "post-realist formalism." Finally, this Article probes the philosophical and psychological attractions of formalism and suggests that formalism's promise of stability and order may be essential to the effective functioning of the legal system, even if this promise can never be realized.
Sexual Orientation: A Plea For Inclusion, Sharon E. Rush
Sexual Orientation: A Plea For Inclusion, Sharon E. Rush
UF Law Faculty Publications
White women and people of color have made significant scholarly contribution toward a better understanding of patriarchy and racial hegemony. Other outsider scholars, such as lesbians, gay men, and bisexuals, also have spoken out about how hegemony subordinates them to the dominant culture. That subordination creates a common pain of exclusion. All subordinated people should explore the sources of common pain that come from exclusion from the power and privilege generally enjoyed by members of the dominant culture.
Health Policy Below The Waterline: Medical Care And The Charitable Exemption, Maxwell Gregg Bloche
Health Policy Below The Waterline: Medical Care And The Charitable Exemption, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
For almost one hundred years, America's nonprofit hospitals have enjoyed nearly automatic exemption from federal income taxation. During this time, nonprofit hospitals transformed themselves from resting places of last resort for the sick poor into centers of high-technology intervention for all income groups. The financing of their services evolved in parallel, from primary dependence on the generosity of religious orders and charitable donors, to almost exclusive reliance on payments for services rendered. Meanwhile, the exemption's doctrinal underpinnings were repeatedly reinvented to accommodate change in the hospital industry's financial structure and social role. When Congress first enacted a charitable exemption to …
Genetic Privacy, Lawrence O. Gostin
Genetic Privacy, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Human genomic information is invested with enormous power in a scientifically motivated society. Genomic information has the capacity to produce a great deal of good for society. It can help identify and understand the etiology and pathophysiology of disease. In so doing, medicine and science can expand the ability to prevent and ameliorate human malady through genetic testing, treatment, and reproductive counseling.
Genomic information can just as powerfully serve less beneficent ends. Information can be used to discover deeply personal attributes of an individual's life. That information can be used to invade a person's private sphere, to alter a person's …
Health Information Privacy, Lawrence O. Gostin
Health Information Privacy, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Thoughtful scholarship in the area of informational privacy sometimes assumes that a significant level of privacy can coexist with the development of a modern health information infrastructure. Some commentators suggest that we can have it both ways: that adequate legal protection of informational privacy will eliminate the need to significantly limit the collection of health data. This article demonstrates that there is no such easy resolution of the conflict between the need for information and the need for privacy. Because significant levels of privacy cannot realistically be achieved within the health information infrastructure currently envisaged by policymakers, we confront a …
Collective Force And Constitutional Responsibility: War Powers In The Post-Cold War Era, Jane E. Stromseth
Collective Force And Constitutional Responsibility: War Powers In The Post-Cold War Era, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
The end of the Cold War has inaugurated a new era in international politics. The familiar terrain of the last half century has given way to a world that is, in many ways, more complex and turbulent. Regional conflicts, civil wars, ethnic strife, genocide, and humanitarian emergencies have exploded across the globe. As crises such as those in Bosnia, Somalia, and Haiti have unfolded, the international community increasingly has looked to the United States-as the last remaining superpower- to provide leadership and resources in a broad array of conflict situations.
Fighting Domestic Violence In The Nation’S Capital, Deborah Epstein
Fighting Domestic Violence In The Nation’S Capital, Deborah Epstein
Georgetown Law Faculty Publications and Other Works
Every year, in the District of Columbia alone, the Metropolitan Police Department receives more than 18,000 calls for help from victims of domestic violence, and more than 2,500 battered women bring legal actions requesting protection from their abusers. Thousands of other cases go unreported, either because the victims are too afraid of their batterers to report the violence, or because they do not know how to obtain relief to which they are entitled.
Enriching The Legal Ethics Curriculum: From Requirement To Desire, Heidi Li Feldman
Enriching The Legal Ethics Curriculum: From Requirement To Desire, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
The problem has become all too familiar: Acting at least in part from noble motives, the American Bar Association ("ABA") requires all law students at ABA-accredited law schools to take a course in "professional responsibility." Every accredited school offers a course or courses that enable students to fulfill this requirement. Under these circumstances, the professional responsibility course can easily assume the character of high school drivers' education or health classes: It often becomes an obligatory exercise, in which students think they must woodenly learn the maxims of the ABA Code of Conduct or Rules of Professional Responsibility. Faced with this …
Concluding Remarks - Making Women Visible: Setting An Agenda For The Twenty-First Century, Berta E. Hernández-Truyol
Concluding Remarks - Making Women Visible: Setting An Agenda For The Twenty-First Century, Berta E. Hernández-Truyol
UF Law Faculty Publications
The Women's Rights as International Human Rights Symposium (Symposium), sponsored by the International Women's Human Rights Project of the Center for Law and Public Policy at St. John's University, focused on the roles played by rules of law and by the conflation of economic, social, political, religious, cultural, and historic forces in the marginalization of women in the public and private sectors in both the international and domestic systems. The traditional exclusion of women from the articulation, development, implementation, and enforcement of rights has rendered gender issues invisible and thereby shielded gender-based abuses from much needed scrutiny. The flawed public/private …
Report Of The Conference Rapporteur, Berta E. Hernández-Truyol
Report Of The Conference Rapporteur, Berta E. Hernández-Truyol
UF Law Faculty Publications
This summary constitutes my Final Report to the Conference on the International Protection of Reproductive Rights (the "Conference") jointly sponsored by the Women & International Law Program at the Washington College of Law of the American University and the Women in the Law Project of the International Human Rights Law Group. The Conference focused on issues that affect the role of women in society and the role played by rules of law in defining and marginalizing women's existence in society. The Conference goals included the reformulation of the international human rights construct to advance and implement women's rights, particularly women's …
Virtual Equality As Constitutional Reality: An Introduction, Berta E. Hernández-Truyol
Virtual Equality As Constitutional Reality: An Introduction, Berta E. Hernández-Truyol
UF Law Faculty Publications
Equality is, to be sure, an elusive concept. More often than not, we find it much easier to describe what is unequal (we know it when we see it) than affirmatively to explain equality. This definitional dilemma rises to new heights when courts, in exercising their interpretive legal functions, have to provide all persons the equal protection of the laws."
Over the course of American history and jurisprudence, the Supreme Court itself has a checkered past when it comes to judicial application of rights to equality. In the beginning, there was slavery - the quintessence of unequality - and the …
How Do We Get Rid Of These Things? Dismantling Excess Weapons While Protecting The Environment, David A. Koplow
How Do We Get Rid Of These Things? Dismantling Excess Weapons While Protecting The Environment, David A. Koplow
Georgetown Law Faculty Publications and Other Works
The startling successes of contemporary international arms control negotiations call to mind the old aphorism that one should be careful about what one wishes for, because the wish just might come true.
Today, disarmament diplomacy has wrought unprecedented triumphs across a wide range of global bargaining issues, producing a series of watershed treaties that offer spectacular new advantages for the security of the United States and for the prospect of enduring world peace. At the same time, however, these unanticipated negotiation breakthroughs have themselves generated unforeseen implementation problems, spawning a host of novel difficulties for which the traditional tools and …
Computer-Related Crimes, Michael W. Carroll
Computer-Related Crimes, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Mini-Theme On Bankruptcy, Walter Effross
A Mini-Theme On Bankruptcy, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.