Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (42)
- Constitutional Law (28)
- International Law (25)
- Public Affairs, Public Policy and Public Administration (19)
- Health Law and Policy (18)
-
- Courts (14)
- Criminal Law (13)
- Jurisprudence (13)
- Human Rights Law (12)
- Health Policy (11)
- Legal Education (11)
- National Security Law (11)
- Economics (10)
- Judges (10)
- Legal History (10)
- Civil Rights and Discrimination (9)
- Insurance Law (9)
- Legal Profession (9)
- Medicine and Health Sciences (9)
- Sociology (9)
- Comparative and Foreign Law (8)
- Public Health (8)
- Public Policy (8)
- Family Law (7)
- Law and Economics (7)
- Law and Politics (7)
- Legislation (7)
- Military, War, and Peace (7)
- Business (6)
- Keyword
-
- Supreme Court (19)
- Affordable Care Act (7)
- Congress (5)
- Democracy (5)
- Terrorism (5)
-
- Global health (4)
- Health care (4)
- Health insurance (4)
- Arbitration (3)
- Commerce Clause (3)
- Contract (3)
- Due process (3)
- Global health governance (3)
- Global health priorities (3)
- Health inequalities (3)
- International health responsibilities (3)
- Poverty (3)
- Privacy (3)
- Same-sex marriage (3)
- Statistics (3)
- Affirmative action (2)
- Article III (2)
- Charitable contribution deduction (2)
- Civil procedure (2)
- Clinical education (2)
- Clinical teaching methods (2)
- Conflict resolution (2)
- Constitutional rights (2)
- Constitutional theory (2)
- Corporate governance (2)
Articles 121 - 130 of 130
Full-Text Articles in Law
De-Concentrating Poverty: De-Constructing A Theory And The Failure Of Hope, Michael R. Diamond
De-Concentrating Poverty: De-Constructing A Theory And The Failure Of Hope, Michael R. Diamond
Georgetown Law Faculty Publications and Other Works
Since the late 1980s, led by William Julius Wilson’s The Truly Disadvantaged, scholars have been writing about the social problems caused by the concentration in residential communities of high levels of poverty. Even before Wilson’s book, government policy, which previously had resulted in racially and economically segregated communities, had begun to shift towards de-concentration. The consent decree in Hills v Gautreaux, and the HOPE VI and Moving to Opportunity Programs all pointed towards de-concentration of poverty. Commentators have suggested both benign and not-so-benign reasons for the policy shift.
There were a variety of quite hopeful goals promoted by …
The Struggle For Legal Philosophy (Vis-À-Vis Legal Education): Methods And Problems, Imer Flores
The Struggle For Legal Philosophy (Vis-À-Vis Legal Education): Methods And Problems, Imer Flores
Georgetown Law Faculty Publications and Other Works
The article challenges the empirical claim that suggests that the legal skills needed to successfully practice law are not--and cannot be--learned at law schools, and contrasts it with the conceptual claim that indicates that the legal tasks needed for practicing law presuppose a legal theory--or at least requires a link between theory and practice. Hence, the dual claim--empirical and conceptual--is that legal philosophy is an important part of a legal curriculum and necessary to bridge, rather than to deepen, the existing gap between theory and practice.
The Problem About The Nature Of Law Vis-À-Vis Legal Rationality Revisited: Towards An Integrative Jurisprudence, Imer Flores
The Problem About The Nature Of Law Vis-À-Vis Legal Rationality Revisited: Towards An Integrative Jurisprudence, Imer Flores
Georgetown Law Faculty Publications and Other Works
In this paper the author argues, following Frederick Schauer, that attempting to move theoretically from-the-necessary-to-the-important may hinder our understanding of law. He further argues that attempting to move from-the-important-to-the-necessary may well be a more promising route for advancing our understanding of law as an interpretive practice which is not merely important or valuable but morally important or valuable and even necessary, as Ronald Dworkin has advocated. The authors argument also draws on the insights of Oliver Wendell Holmes Jr., who by discussing the important, but apparently neither necessary nor sufficient aspects of legal practice, integrated both logic and experience into …
Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole
Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole
Georgetown Law Faculty Publications and Other Works
Had someone told you, on September 11, 2001, that the United States would not be able to do whatever it wanted in response to the terrorist attacks of that day, you might well have questioned their sanity. The United States was the most powerful country in the world, and had the world’s sympathy in the immediate aftermath of the attacks. Who would stop it? Al Qaeda had few friends beyond the Taliban. As a historical matter, Congress and the courts had virtually always deferred to the executive in such times of crisis. And the American polity was unlikely to object …
Assessing The Impeachment Of President Bill Clinton From A Post 9/11 Perspective, Susan Low Bloch
Assessing The Impeachment Of President Bill Clinton From A Post 9/11 Perspective, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
The impeachment of President Clinton was more a circus than a serious effort to remove the President of the United States. The reason is simple: Few people--in the Congress or the country--wanted to remove him or believed the impeachment effort would actually result in his removal. Instead, it was a partisan political effort to embarrass Clinton and "send a message" of disapproval. Congress was attaching a "scarlet letter." But this was an indulgence that posed considerable danger that few in Congress considered. In particular, few tried to assess the potential impact this use of the process would have on the …
The Cathedral Engulfed: Sea-Level Rise, Property Rights, And Time, J. Peter Byrne
The Cathedral Engulfed: Sea-Level Rise, Property Rights, And Time, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
Sea-level rise will require many new initiatives in land use regulation to adapt to unprecedented climate conditions. Such government actions will prompt regulatory and other takings claims, and also will be shaped by apprehension of such claims. This article analyzes the categories of land use regulations and other government initiatives likely to be enacted to adapt to sea-level rise and anticipates the takings claims that may be brought against them. In addition to hard and soft coastal armoring, the article considers regulations intended to force or induce development to retreat from rising waters. Retreat regulations present difficult takings problems, because …
The Hidden Limits Of The Charitable Deduction: An Introduction To Hypersalience, Lilian V. Faulhaber
The Hidden Limits Of The Charitable Deduction: An Introduction To Hypersalience, Lilian V. Faulhaber
Georgetown Law Faculty Publications and Other Works
Behavioral economics introduced the concept of salience to law and economics. In the area of tax policy, salience refers to the prominence of taxes in the minds of taxpayers. This article complicates the literature on salience and taxation by introducing the concept of “hypersalience,” which is in many ways the mirror image of hidden taxation. While a revenue-raising tax provision must be hidden for taxpayers to underestimate their tax bill, a revenue-reducing tax provision – such as a deduction, exclusion, or credit – must be more than fully salient for taxpayers to underestimate their tax bill. In other words, the …
The Tragedy Of The Carrots: Economics & Politics In The Choice Of Price Instruments, Brian Galle
The Tragedy Of The Carrots: Economics & Politics In The Choice Of Price Instruments, Brian Galle
Georgetown Law Faculty Publications and Other Works
Externalities are one of the most fundamental market-failure justifications for government action, and pigouvian taxes and subsidies are standard tools for correcting them. Even so, neither the legal nor economic literatures offer any comprehensive account of when policy makers should prefer one to the other. This Article takes up that task. Prior efforts to distinguish between “carrots” and “sticks” have generally been limited to the context of pollution regulation, and I show here that even those are incomplete. I also extend the analysis to the case of positive externalities, where there is no prior literature to speak of. Overall I …
Bankruptcy, Backwards: The Problem Of Quasi-Sovereign Debt, Anna Gelpern
Bankruptcy, Backwards: The Problem Of Quasi-Sovereign Debt, Anna Gelpern
Georgetown Law Faculty Publications and Other Works
This Feature considers the debts of quasi-sovereign states in light of proposals to let them file for bankruptcy protection. States that have ceded some but not all sovereign prerogatives to a central government face distinct challenges as debtors. It is unhelpful to analyze these challenges mainly through the bankruptcy lens. State bankruptcy posits an institutional fix for a problem that remains theoretically undefined and empirically contested. I suggest a way of mapping the problem that does not work back from a solution. I highlight the implications of sovereign immunity, immortality, concurrent authority, macroeconomic policy, and democratic accountability for quasi-sovereign debt …
The Clinical Mission Of Justice Readiness, Jane H. Aiken
The Clinical Mission Of Justice Readiness, Jane H. Aiken
Georgetown Law Faculty Publications and Other Works
Law schools strive to teach students to be practice ready. That noble goal, however, is not enough. Because of the powerful role that lawyers play in society, educators must also teach students to be “justice ready.” Justice ready graduates are able to recognize injustice and appropriately evaluate the consequences of their actions in a way that mere practice readiness does not teach. The traditional law school curriculum fails to teach justice readiness, instead inculcating in students a penchant for the status quo—an unjust and unchanging social order. Clinical education is the solution for creating justice ready graduates. Its use of …