Law Commons^™

Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias

Other Publications

Everyone in this audience is well aware of the problems plaguing reiterating. The wealthiest one percent of Americans takes home nearly a quarter of our national income and owns forty percent of the nation's wealth.

The Fortification Of Inequality: Constitutional Doctrine And The Political Economy, Kate Andrias

Articles

As Parts I and II of this Essay elaborate, the examination yields three observations of relevance to constitutional law more generally: First, judge-made constitutional doctrine, though by no means the primary cause of rising inequality, has played an important role in reinforcing and exacerbating it. Judges have acquiesced to legislatively structured economic inequality, while also restricting the ability of legislatures to remedy it. Second, while economic inequality has become a cause célèbre only in the last few years, much of the constitutional doctrine that has contributed to its flourishing is longstanding. Moreover, for several decades, even the Court’s more liberal …

Cisgender Students Rebuffed In Illinois Bathroom Case, Arthur S. Leonard

Other Publications

No abstract provided.

Trump Anti-Trans Regs Vulnerable To Challenge, Arthur S. Leonard

Other Publications

No abstract provided.

Military Accepting Transgender Enlistees, For Now, Arthur S. Leonard

Other Publications

No abstract provided.

Property Musings At The U.S.-Mexico Border, Gerald S. Dickinson

Articles

President Donald J. Trump issued an Executive Order calling for “a physical wall on the southern border” of the United States in January, 2017. In his address before Congress, the President stated, “[W]e will soon begin the construction of a great wall along our southern border.” The political response to the Executive Order has been swift. Representative Lamar Smith of Texas views the Executive Order as a testament to the President “honoring his commitment” to immigration enforcement. Senator Ron Johnson of Wisconsin favorably compares the border mandates in Israel and Egypt as successful examples of how to mitigate illegal immigration. …

Essay: Cooperative Federalism And Federal Takings After The Trump Administration's Border Wall Executive Order, Gerald S. Dickinson

Articles

The Trump Administration’s (arguably) most polemic immigration policy — Executive Order No. 13,767 mandating the construction of an international border wall along the southwest border of the United States — offers a timely and instructive opportunity to revisit the elusive question of the federal eminent domain power and the historical practice of cooperative federalism. From federal efforts to restrict admission and entry of foreign nationals and aliens (the so-called “travel ban”) to conditioning federal grants on sanctuary city compliance with federal immigration enforcement, state and local governments (mostly liberal and Democratic enclaves) today have become combative by resisting a federal …

He Says It Didn’T Happen: Rob Porter, Donald Trump, And How We Treat Abuse Allegations, Laurie S. Kohn

GW Law Faculty Publications & Other Works

We want to believe the denials of men who are accused of doing bad things, particularly bad things against women. A glance at several high profile celebrity domestic violence cases illustrates the prevalence of this attitude.

To accept denial as a final word on any claim is, first and foremost, a bad way to assess its truthfulness. But to accept a denial as proof of an alleged perpetrator’s innocence also perpetuates the dynamics of domestic abuse, and discourages people from taking responsibility for their actions.

We can no longer allow denials to be the end of the story when it …