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2023

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Articles 271 - 277 of 277

Full-Text Articles in Jurisprudence

Recent Developments In Mandatory Arbitration Warfare: Winners And Losers (So Far) In Mass Arbitration, J. Maria Glover Jan 2023

Recent Developments In Mandatory Arbitration Warfare: Winners And Losers (So Far) In Mass Arbitration, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

Mass arbitration has sent shock waves through the civil justice system and unnerved the defense bar. To see how quickly and dramatically this phenomenon has entered both the civil justice landscape and the public discourse, one need look no further than the January 2023 filings of hundreds of individual arbitration demands by former Twitter employees against Elon Musk, along with threats to file hundreds more—threats that were announced, no doubt intentionally, on Twitter itself. Plaintiffs are increasingly more aware of mass arbitration as a tool in their arsenal, and defendants are, perhaps for the first time in decades of mandatory …

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Ordinary Meaning And Ordinary People, Kevin Tobia, Brian G. Slocum, Victoria Frances Nourse Jan 2023

Ordinary Meaning And Ordinary People, Kevin Tobia, Brian G. Slocum, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

This Article considers the relationship between ordinary meaning and ordinary people in legal interpretation. Many jurists give interpretive weight to the law's ordinary meaning (i.e., general, nontechnical meaning). Modern textualists adopt a strong commitment to ordinary meaning and justify it by alluding to ordinary people: people understand law to communicate ordinary meanings. This Article begins from this textualist premise and empirically examines the meaning that legal texts communicate to the public. Five original empirical studies reveal that ordinary people consider genre carefully, and regularly take phrases in law to communicate technical legal meanings, not only ordinary ones. Building on the …

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The Rule Of Law Under Challenge: The Enmeshment Of National And International Trends, Gregory Shaffer, Wayne Sandholtz Jan 2023

The Rule Of Law Under Challenge: The Enmeshment Of National And International Trends, Gregory Shaffer, Wayne Sandholtz

Georgetown Law Faculty Publications and Other Works

The goal of the rule of law is to protect individuals from the arbitrary exercise of power. Democracy and human rights depend on the rule of law. But today the rule of law is under growing threat in the United States and around the world. Trends regarding rule-of-law protections are transnational in scope. They involve shifting norms, institutions, and practices at the local, national, and international levels. This paper assesses how challenges are taking place at the international and national levels, and how these challenges are linked. It examines the ways in which international law and institutions are important for …

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Abila Keynote Address: Beyond International Law? A Dangerous Time, Gregory Shaffer Jan 2023

Abila Keynote Address: Beyond International Law? A Dangerous Time, Gregory Shaffer

Georgetown Law Faculty Publications and Other Works

In this keynote address for the 2023 International Law Weekend conference of the American Branch of the International Law Association (ABILA), I first address the dangers of the conference theme “beyond international law” at a time when challenges to international law and institutions increase and aim to constrain international law’s normative force. We have been here before. The world today recalls that of the interwar period, a time of growing economic insecurity and inequality that helped to catalyze the rise of authoritarian movements. During that period, Carl Schmitt was a leading legal theorist who eventually became a member of the …

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Problems With Authority, Amy J. Griffin Jan 2023

Problems With Authority, Amy J. Griffin

Georgetown Law Faculty Publications and Other Works

Judicial decisionmaking rests on a foundation of unwritten rules—those that govern the weight of authority. Such rules, including the cornerstone principle of stare decisis, are created informally through the internal social practices of the judiciary. Despite the central role of such rules in judicial decisionmaking, we lack a good account of how they are created, revised, and enforced. There is something paradoxical and troubling about the notion that the rules of the game are determined by the players as they play the game according to those rules. Because weight-of-authority rules are largely informal and almost entirely unwritten, we don’t even …

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Common Good Gun Rights, Darrell A. H. Miller Jan 2023

Common Good Gun Rights, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

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Alexander Hamilton And Administrative Law: How America’S First Great Public Administrator Informs And Challenges Our Understanding Of Contemporary Administrative Law, Rodger D. Citron Jan 2023

Alexander Hamilton And Administrative Law: How America’S First Great Public Administrator Informs And Challenges Our Understanding Of Contemporary Administrative Law, Rodger D. Citron

Scholarly Works

Alexander Hamilton’s recognition and reputation have soared since the premiere of “Hamilton,” Lin-Manuel Miranda’s musical about him in 2015. For lawyers, Hamilton’s work on the Federalist Papers and service as the nation’s first Treasury Secretary likely stand out more than other aspects of his extraordinary life. Politics and economics were fundamental concerns addressed by the Framers in a number of ways, including what we now refer to as administrative law—the laws and procedures that guide government departments (or, as we say today, agencies). Indeed, “Hamilton” reminds us that questions of administration and administrative law have been with us since the …

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