Law Commons^™

Enlightenment Economics And The Framing Of The U.S. Constitution, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

Some scholars have argued that the Framers of the U.S. Constitution did not have a common set of views on economics, or that the Constitution, except perhaps in isolated clauses, does not reflect any specific economic views. The principal Framers did, in fact, share a basic set of economic views, though of course they did not agree on all economic questions. Their shared economic views were common to enlightenment thinkers: promoting free trade, curtailing rent-seeking (the transfer of wealth from producers to non-producers through political power), and, in most instances, eliminating monopolies. These economic views permeate the Constitution and are …

Geoengineering And The Science Communication Environment: A Cross-Cultural Experiment, Donald Braman, Dan M. Kahan, Hank C. Jenkins-Smith, Tor Tarantola, Carol L. Silva

GW Law Faculty Publications & Other Works

We conducted a two-nation study (United States, n = 1500; England, n = 1500) to test a novel theory of science communication. The cultural cognition thesis posits that individuals make extensive reliance on cultural meanings in forming perceptions of risk. The logic of the cultural cognition thesis suggests the potential value of a distinctive two-channel science communication strategy that combines information content (“Channel 1”) with cultural meanings (“Channel 2”) selected to promote open-minded assessment of information across diverse communities. In the study, scientific information content on climate change was held constant while the cultural meaning of that information was experimentally …

The Financial Services Industry's Misguided Quest To Undermine The Consumer Financial Protection Bureau, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

Congress decided to establish the Consumer Financial Protection Bureau (“CFPB”) after concluding that federal bank regulators had utterly failed to protect consumers during the credit boom leading up to the financial crisis. Because of the prudential regulators’ systemic failures, Congress vested CFPB with sole responsibility and clear accountability for protecting consumers of financial services. Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act delegates broad rulemaking and enforcement powers to CFPB. To insulate CFPB from political influence, Title X grants CFPB substantial autonomy as well as an assured source of funding from the Federal Reserve System.

The …

Mobility Measures, Naomi Schoenbaum

GW Law Faculty Publications & Other Works

Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of moving long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework of “mobility measures,” …

Commitment Bonds, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

This Article introduces compensating commitment bonds, which make it more affordable for a government, entity, or individual to commit to some course of action. These bonds, like traditional government or corporate bonds, can generate revenue for committing parties. A bond seller makes a commitment and promises to pay a forfeit if the seller fails to meet the bond conditions. The bond buyer pays the seller to be contractually designated as the recipient of any amounts the bond seller forfeits. This approach has potential application in a range of legal situations. Governments and other parties may use such bonds to facilitate …

The Past, Present, And Future Of Critical Tax Theory: A Conversation, Karen B. Brown

GW Law Faculty Publications & Other Works

This essay endeavors to document and to preserve the story of the origins of the book Taxing America (NYU Press 1997) edited by KarenB. Brown and Mary Louise Fellows. The publication of that text was a key milestone in the development of critical tax theory as an intellectual discipline. By identifying and bringing together lawyers and scholars with an interest in the political and discriminatory aspects of tax law, Professors Brown and Fellows created one of the first working groups of critical tax theorists. In this essay, the book's two editors reflect on the book's intellectual antecedents and its material …

Women In The Post-Conflict Process: Reviewing The Impact Of Recent U.N. Actions In Achieving Gender Centrality, Naomi R. Cahn

GW Law Faculty Publications & Other Works

The post-conflict terrain provides multiple opportunities for transformation on many different levels: protecting civilians, providing accountability for human rights violations committed during hostilities, reforming local and national laws, reintegrating soldiers, rehabilitating and providing redress for victims, establishing or re-establishing the rule of law, creating human rights institutions and new governance structures, altering cultural attitudes, improving socioeconomic conditions, and transforming gender roles and women’s status. This Article explores the effort to make gender central in the various legal and political regimes and processes in operation post-conflict, and specifically reviews SCR 1325 and its successor resolutions to assess their real contributions towards …

Beginning Testimony With An Overview Witness, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article examines United States v. Moore, 651 F.3d 30 (D.C. Cir. 2011) to illustrate how a court dealt with the prosecutor's use of a summary, or introductory, witness to set forth an overview or outline of a case.

One Person's Statement To Prove Another's Actions, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article examines State v. McLaughlin, 14 A.3d 720 (N.J. 2011) to illustrate the importance of the hearsay rule to resolving the admissibility issue of a declarant's statement of an intention to do a future act to prove the acts of another person.

Romeo And Juliet Online And In Trouble: Criminalizing Depictions Of Teen Sexuality, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

As teenagers explore their sexuality and seek to memorialize and exchange information related to their sexual development, their instantaneous ability to memorialize and share images with others, via cell phones or the Internet, presents a host of new problems to which our society must respond intelligently. The recent trend of harshly punishing these teens under the child pornography regime is not an intelligent solution. In light of this wave of prosecutorial overreaching, state and federal child pornography laws should be revised to specifically exempt sexting by minors from the reach of such laws. Child pornography laws were created to punish …

It's Not Purely Academic: Using Practitioners To Increase The Rigor And Practical Learning In Scholarly Writing, Karen Thornton

GW Law Faculty Publications & Other Works

Law schools that are building new courses and adding to their existing curriculum in an effort to offer more practical legal training may be overlooking the practical skills that can be developed through an existing graduation requirement - upper level writing. At The George Washington University Law School a practitioner-taught Scholarly Writing course focuses on the practical application of academic writing and prepares 2L students for the demanding expectations of the 2L summer associateship/internship. This Article describes the ABA standard for upper level writing, explains how the adjunct-taught program at GW Law provides skills training and professional development, and addresses …

The Expanding Limits Of Prosecutorial Discretion: Ramalingam Ravinthran V Attorney-General [2012] Sgca 2, Siyuan Chen

Research Collection Yong Pung How School Of Law

The applicant was convicted of drug trafficking under the Misuse of Drugs Act and sentenced to hang. His appeal to the Court of Appeal was unsuccessful, but he filed a Criminal Motion to reopen judgment. He alleged a violation of his right to equality guaranteed by the Constitution of the Republic of Singapore; the alleged violation occurred when another accused who was involved in the same criminal enterprise (both had trafficked the same bag containing the drugs) was charged with trafficking in an amount of drugs quantified just below the threshold for the mandatory death penalty, while the accused was …

Optimal International Agreement And Treatment Of Domestic Subsidy, Gea M. Lee

Research Collection School Of Economics

We investigate how a domestic subsidy is treated in an international agreement, when a government, having incentive to use its domestic subsidy as a means of import protection, can disguise its protective use of subsidy as a legitimate intervention with which to address a market imperfection. We show that any optimal agreement, as opposed to the conventional message of the targeting principle, restricts the home government’s freedom to select its domestic subsidy in order to increase the market-access level for foreign exporters. Our finding suggests that a proper restriction on domestic subsidy is somewhere between GATT and WTO rules.

أسباب إخلاء العين المؤجرة غير الراجعة عقد الاجار في قانون المعاملات المدنية الإماراتي وقوانين إيجار الأماكن المحلية (إمارتي أبو ظبي ودبي), أحمد عبد الله علي البلوشي

Theses

No abstract provided.

Brown Abroad: An Empirical Analysis Of Foreign Judicial Citation And The Metaphor Of Cosmopolitan Conversation, Sheldon B. Lyke

Vanderbilt Journal of Transnational Law

This Article generates a data set (twelve courts and thirty-two decisions) of foreign judicial citations to the landmark U.S. Supreme Court decision in Brown v. Board of Education. The purpose of this Article is to learn what happens when a case is deterritorialized and reconstituted in a different national scenario, and to conceptualize how courts around the world use foreign authority. My analysis reveals that few foreign courts used Brown in decisions involving education or race and ethnicity. Foreign courts used the case as a form of factual evidence, as a guide in understanding the proper role of a court …

To Break Free From Tyranny And Oppression, Evan M. Brewer

Vanderbilt Journal of Transnational Law

Too often states have invoked territorial integrity and nonintervention in defending abuses perpetrated against peoples within their borders. This practice must be stopped by embracing a robust remedial right to secession. Remedial secession takes place when an oppressed people creates an independent state by seceding from a state that denies its right to self-determination. It has been speculatively posited as an "extreme circumstances" possibility, but remedies to denials of the right to self-determination have not been clearly determined beyond the decolonization context. In the post-colonial era, international law has recognized the importance of fundamental human rights to such a great …

The Psychic Costs Of Violating Corruption Laws, Philip M. Nichols

Vanderbilt Journal of Transnational Law

Understanding corruption is imperative for legal scholarship, both as an intellectual subject and because corruption impedes the operation of law in much of the world and inflicts damage on well-being, governance, and quality of life. Legal scholars have contributed substantial quantitative research on corruption; this paper adopts a qualitative methodology. The similarities and differences between Singapore and Malaysia present opportunities for research. Interviews with discussants in those two countries indicate a real difference in the degree to which corruption laws have been internalized. Differences in the degree of internalization suggest differences in the psychic costs imposed by violation of corruption …

A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts, Stuart Ford

Vanderbilt Journal of Transnational Law

There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about …

Social Movements, Legal Change, And The Challenges Of Writing Legal History, Christopher W. Schmidt

Vanderbilt Law Review

No abstract provided.

Justice For All, Rebecca K. Lee

Vanderbilt Law Review

No abstract provided.

A Trilogy Of "Difficult And Complex" Arbitration Issues In 2012, Darius Chan

Research Collection Yong Pung How School Of Law

At the end of 2011, the Singapore High Court in Re David Joseph QC [2011] SGHC 262 (per VK Rajah JA) permitted the admission of an English Queen’s Counsel, David Joseph QC, to represent eight entities of the Astro Group, a Malaysian broadcasting and media entity, in proceedings arising from an arbitration with three subsidiaries of Indonesia’s Lippo Group. Under Singapore’s current statutory scheme, the court may admit QCs on an ad hoc basis if a matter contains issues of fact or law of “sufficient difficulty and complexity”, and if the circumstances of the case warrant it. The High Court …

The Failed Promise Of A General Theory Of Pure Economic Loss: An Accident Of History?, Anthony J. Sebok

Articles

The article explores the evolution and challenges of pure economic loss doctrine in American tort law, focusing on the contrasting approaches of Robert Rabin and Gary Schwartz. While Schwartz critiques the feasibility of a general theory due to the diversity of economic injuries, Rabin advocates for a nuanced, fact-specific approach. The article highlights the ad hoc nature of the doctrine, as seen in key cases like JAire Corp. v. Gregory and Aas v. Superior Court, which reflect shifting judicial attitudes toward negligence and liability. It concludes that the failure to establish a coherent principle for determining duty underscores the ongoing …

Rescuing The Dignitary Torts From The Constitution, Cristina Carmody Tilley

Faculty Publications

The rights of individuals to recover for dignitary torts has been withering for the past forty years, since the Supreme Court constitutionalized the state common law tort of defamation in New York Times v. Sullivan in 1964. The Court announced in that case that the First Amendment required it to impose high standards for individual defamation claims in order to protect robust speech. As that principle has taken hold, it has in effect squeezed the rights of individuals to recover for invasion of privacy and intentional infliction of emotional distress as well as defamation. Just last Term, the Court held …

Chair's Message, Michael Herz

Articles

No abstract provided.

For Love Or Money? Legal Treatment Of Golddiggers, Stewart E. Sterk

Articles

No abstract provided.

Racial Inclusion, Exclusion And Segregation In Constitutional Law, Michelle Adams

Articles

In Part I of the Article, I examine early cases in which the Court described segregation as a form of resource "lock-up." In several cases leading up to Brown, the Court detailed how racial segregation allows a more dominant group to hoard substantial societal resources. In these early cases, the Court's focus was on segregation as a mechanism for excluding individuals from valuable benefits on the basis of race; it did not speak explicitly to the harms associated with racial classification schemes. In this Part of the Article, I also return to Brown v. Board of Education and explore the …

Japan's Love For Derivative Actions: Irrational Behavior And Non-Economic Motives As Rational Explanations For Shareholder Litigation, Dan W. Puchniak, Masafumi Nakahigashi

Vanderbilt Journal of Transnational Law

Not long ago, there was a consensus in the legal academy that the Japanese were irrational litigants. As the theory went, Japanese people would forgo litigating for financial gain because of a cultural obsession with maintaining social harmony. Based on this theory, it made perfect (but economically irrational) sense that Japanese shareholders let their U.S.-transplanted derivative action lay moribund for almost four post-war decades, while at the same time the derivative action was a staple of shareholder litigation in the United States.

The 1980s brought a wave of law and economics to the scholarship of Japanese law, which largely discredited …

Signal And Affirm: How The United Nations Should Articulate The Right To Remedial Secession, John R. Ablan

Vanderbilt Journal of Transnational Law

In international law, the right of peoples to self-determination as applied to remedial secession is anything but clear. The International Court of Justice had an opportunity to clarify this area of law in its recent advisory opinion concerning the unilateral declaration of independence made by Kosovo. Much to the disappointment of international commentators, the Court expressly declined to adjudicate whether Kosovo had, by its declaration, attained state status. Instead, the Court declared that international law does not prohibit unilateral declarations of independence. This Note argues that the proper method for the United Nations to articulate international law of secession is …

Piercing The Veil Of Secrecy: Securing Effective Exchange Of Information To Remedy The Harmful Effects Of Tax Havens, Hedda Leikvang

Vanderbilt Journal of Transnational Law

The enforcement of tax laws abroad has long posed problems for authorities. However, that enforcement becomes increasingly more problematic when the information necessary for proper enforcement is located within an impenetrable system whose sole purpose is to protect that information from tax authorities in other countries. Although much effort has been expended to remedy the harmful effects of tax havens, few strategies have succeeded. But with the prospects of a record federal deficit and an ever-increasing tax gap, U.S. authorities have begun to look for new ways to strengthen the enforcement of U.S. tax laws abroad. The most prominent of …

The Grass Is Always Greener: Keystone Xl, Transboundary Harms, And Guidelines For Cooperative Environmental-Impact Assessment, Wyatt Sassman

Vanderbilt Journal of Transnational Law

While general understanding of environmental harms has become more geographically sophisticated, environmental-impact assessment (EIA) law has lagged behind. Although nations now understand complex environmental processes and relationships that extend well beyond their borders, EIA law remains trapped in a domestic structure that is ill-prepared to assess harms outside its jurisdiction. By looking at the U.S. environmental assessment of the Keystone XL pipeline, this Note recasts the problem of transboundary environmental harms in EIA using recent, remarkable events. Key assumptions made in the Keystone XL assessment illustrate that the typical domestic structure of EIA law does not allow adequate assessment of …