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2003

Georgetown University Law Center

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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 Dec 2003

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 Nov 2003

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 Nov 2003

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 Oct 2003

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 Oct 2003

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 ...


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 Jul 2003

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 Jul 2003

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 Jun 2003

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 Apr 2003

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 Apr 2003

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 Apr 2003

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 Mar 2003

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 Mar 2003

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 Feb 2003

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 Feb 2003

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 Feb 2003

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 Jan 2003

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.


Regionalism Versus Globalism: A View From The Americas, Carlos Manuel Vázquez Jan 2003

Regionalism Versus Globalism: A View From The Americas, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The well-deserved celebration of UNIDROIT'S first seventy-five years focused on a topic that is of particular interest to the Organization of American States and to the organ of the OAS to which the author belongs, the Inter-American Juridical Committee. The topic of the 75th Anniversary Congress--"Worldwide Harmonization of Private Law and Regional Integration"--implicates one of the several dichotomies with which we in the Inter-American system who work on questions of private international law (and international private law) have been grappling in recent years, the problem of regional versus global approaches to the harmonization of private international law ...


Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum Jan 2003

Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

"Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of legal theory. The main focus of the essay is the development of a virtue-centered theory of judging. The exposition of the theory begins with exploration of defects in judicial character such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgment. A virtue-centered account of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality ...


Alternative Forms Of Judicial Review, Mark V. Tushnet Jan 2003

Alternative Forms Of Judicial Review, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

The invention in the late twentieth century of what I call weak-form systems of judicial review provides us with the chance to see in a new light some traditional debates within U.S. constitutional law and theory, which are predicated on the fact that the United States has strong-form judicial review. Strong- and weak-form systems operate on the level of constitutional design, in the sense that their characteristics are specified in constitutional documents or in deep-rooted constitutional traditions. After sketching the differences between strong- and weak-form systems, I turn to design features that operate at the next lower level. Here ...


Celebrating Tahoe-Sierra, Richard J. Lazarus Jan 2003

Celebrating Tahoe-Sierra, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The Court's ruling in Tahoe-Sierra is a realization of the current Court's potential to reach a sensible result in a regulatory takings case. Tahoe-Sierra is a major victory for government regulators and environmentalists, but not because it eliminates the takings issue as a substantial concern. Tahoe-Sierra instead finds its significance in its restoration of balance to the Court's takings jurisprudence, signified by a new Court majority with Justice Scalia relegated to a dissent. Without reversing the Court's recent rulings in favor of landowners in takings cases, the Court makes clear that a majority of the Justices ...


Non-Judicial Review, Mark V. Tushnet Jan 2003

Non-Judicial Review, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

Professor Mark Tushnet challenges the view that democratic constitutionalism requires courts to dominate constitutional review. He provides three diverse examples of non-judicial institutions involved in constitutional review and examines the institutional incentives to get the analysis" right." Through these examples, Professor Tushnet argues that non-judicial actors may perform constitutional review that is accurate, effective, and capable of gaining public acceptance. Professor Tushnet recommends that scholars conduct further research into non-judicial review to determine whether ultimately more or less judicial review is necessary in constitutional democracies.


Tribute To Harold Jacobson, John H. Jackson Jan 2003

Tribute To Harold Jacobson, John H. Jackson

Georgetown Law Faculty Publications and Other Works

Harold Jacobson was not only a fine scholar and excellent teacher who devoted a career to the University of Michigan, but he was also a very trusted colleague and a close friend. His scholarly work was very well recognized and admired. He was one of my colleagues while I taught at Michigan, to whom I willingly recommended students for a multidisciplinary approach to international relations. He was a theorist of political science and international relations who was willing and able to come to grips with the role of law in those fields.


New Evidence Of The Original Meaning Of The Commerce Clause, Randy E. Barnett Jan 2003

New Evidence Of The Original Meaning Of The Commerce Clause, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In this paper, the author advances the debate on the original meaning, interpretation, and usage of the word "commerce" in the context of the Commerce Clause. First, he distinguishes between terms that are vague and those that are ambiguous. He contends that realizing the dispute is over the ambiguity rather than the vagueness of "commerce" helps resolve the conflict between interpretations. Second, he presents the results of new empirical research into the original public meaning of "commerce" that extends well beyond the sources immediately surrounding the Constitution. Finally, the author reports the results of a similar survey of the use ...


Constitutional Legitimacy, Randy E. Barnett Jan 2003

Constitutional Legitimacy, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The problem of constitutional legitimacy is to establish why anyone should obey the command of a constitutionally-valid law. A lawmaking system is legitimate if there is a prima facie duty to obey the laws it makes. Neither "consent of the governed" nor "benefits received" justifies obedience. Rather, a prima facie duty of obedience exists either (a) if there is actual unanimous consent to the jurisdiction of the lawmaker or, in the absence of consent, (b) f laws are made by procedures which assure that they are not unjust. In the absence of unanimous consent, a written constitution should be assessed ...


The Invention Of Health Law, Maxwell Gregg Bloche Jan 2003

The Invention Of Health Law, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

By default, the courts are inventing health law. The law governing the American health system arises from an unruly mix of statutes, regulations, and judge-crafted doctrines conceived, in the main, without medical care in mind. Courts are ill-equipped to put order to this chaos, and until recently they have been disinclined to try. But political gridlock and popular ire over managed care have pushed them into the breach, and the Supreme Court has become a proactive health policy player. How might judges make sense of health law's disparate doctrinal strands? Scholars from diverse ideological starting points have converged toward ...


Law And Force After Iraq: A Transitional Moment, Jane E. Stromseth Jan 2003

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 ...


Law As Social Work, Jane H. Aiken, Stephen Wizner Jan 2003

Law As Social Work, Jane H. Aiken, Stephen Wizner

Georgetown Law Faculty Publications and Other Works

In our work as lawyers for low income clients and as clinical teachers, we are sometimes told by our professional counterparts in private practice - especially those who work in large corporate firms - that what we do "isn't law, it's social work." Similarly, our students sometimes complain that the work they do on behalf of low income clients "isn't law, it's social work." In the past we have tended to respond to this "social worker" charge defensively. We insisted that what we and our students do is "law," that it is really no different from what private ...


The Imperative Of Natural Rights In Today's World, Randy E. Barnett Jan 2003

The Imperative Of Natural Rights In Today's World, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

If there is any group that really needs to understand the concept of natural rights, it is professors of constitutional law. The document they teach was written by a generation who uniformly believed in natural rights, used the concept to justify a violent revolution from their mother country, and professed their continued commitment to natural rights long after the separation—a commitment that only intensified in the years that culminated in the Civil War and the adoption of the Fourteenth Amendment.

Yet few constitutional law professors know much, if anything, about this fundamental concept even as a historical matter, much ...


Two Cheers For Gentrification, J. Peter Byrne Jan 2003

Two Cheers For Gentrification, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The very word "gentrification" implies distaste. Advocates for the poor and ethnic minorities see affluent whites bidding up the prices for urban housing to levels that force poor families out, depriving them of affordable housing, perhaps rendering them homeless, and changing the character of a neighborhood from one that reflects distinct ethnic and class needs and cultural traditions into a bland emporium for expensive consumer goods. Sometimes historic preservation laws are indicted as particular culprits in setting this dynamic in motion. A result of these perceptions is that the legal literature on gentrification, in general, and historic preservation both reflect ...