Legislation Commons^™

Unlawful Enemy Combatants: Hearing Before The S. Comm. On Armed Services, 110th Cong., Apr. 26, 2007 (Statement Of Neal Kumar Katyal, Geo. U. L. Center), Neal K. Katyal

Testimony Before Congress

No abstract provided.

Military Commissions Act And The Continued Use Of Guantanamo Bay As A Detention Facility: Hearing Before The H. Comm. On Armed Services, 110th Cong., Mar. 29, 2007 (Statement Of Professor Neal Kumar Katyal, Geo. U. L. Center), Neal K. Katyal

Testimony Before Congress

No abstract provided.

D.C. House Voting Rights Act Of 2007: Hearing Before The H. Comm. On The Judiciary, 110th Cong., Mar. 14, 2007 (Statement Of Professor Viet D. Dinh, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.

Original Understanding And The Whether, Why, And How Of Judicial Review, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

For more than one hundred years, legal scholars have endlessly and heatedly debated whether judicial review of federal legislation was part of the original understanding of the Constitution. The stakes of the debate are high. If judicial review was part of the original understanding, then there is a strong argument that the practice is grounded in the majority’s will, just as the Founders’ Constitution is. But if it is not—if, as Alexander Bickel and others have claimed, judicial review was a sleight-of-hand creation of Chief Justice Marshall in Marbury v. Madison—then judicial review is either counter-majoritarian or else must …

Legislative Compromise And Tax Transition Policy, Michael Doran

Georgetown Law Faculty Publications and Other Works

The extensive literature on legal transitions has formed a general position in favor of establishing a governmental transition policy; the primary debate concerns whether the policy should be one of systematically mitigating or not mitigating transition losses. Arguments on both sides generally have assumed a sharp dichotomy between a substantive legal change and the transition treatment associated with the substantive change. Focusing on federal tax legislation, this article challenges that assumption and the normative conclusions that it supports.

Specifically, this article identifies compromise as an important component of the tax legislative process and argues that the ability to provide or …

Bill To Amend Title 35, U.S. Code, To Conform Certain Filing Provisions Within The Patent And Trademark Office, 109th Cong., Sept. 14, 2006 (Statement Of Statement Of John R. Thomas, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.

Line-Item Veto: Constitutional Issues: Hearing Before The H. Comm. On The Budget, 109th Cong., June 8, 2006 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.

Hearing On Corporate Tax Reform: Hearing Before The Subcomm. On Select Revenue Measures Of The H. Comm. On Ways And Means, 109th Cong., May 9, 2006 (Statement Of Professor Ronald A. Pearlman, Geo. U. L. Center), Ronald A. Pearlman

Testimony Before Congress

No abstract provided.

Cfius And The Role Of Foreign Direct Investment In The U.S.: Hearing Before The Subcomm. On Domestic And International Monetary Policy, Trade And Technology Of The H. Comm. On Financial Services, 109th Cong., Apr. 27, 2006 (Statement Of Professor Daniel K. Tarullo, Geo. U. L. Center), Daniel K. Tarullo

Testimony Before Congress

No abstract provided.

Examples Of State Flexible Work Arrangement (Fwa) Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis -- in a manner that is as manageable and predictable as possible for both employees and employers. This document charts examples of state FWA laws.

Brief Of Respondents, Arlington Central School District Board Of Education V. Murphy, No. 05-18 (U.S. Mar 28, 2006), Jillian M. Cutler, David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Are We Safer?, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Brief For Respondents American Rivers And Friends Of The Presumpcot River, S.D. Warren Co. V. Maine Bd. Of Envtl. Prot., No. 04-1527 (U.S. Jan. 6, 2006), Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

Internal Separation Of Powers: Checking Today's Most Dangerous Branch From Within, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

The standard conception of separation of powers presumes three branches with equivalent ambitions of maximizing their powers. Today, however, legislative abdication is the reigning modus operandi. Instead of bemoaning this state of affairs, this piece asks how separation of powers can be reflected within the Executive Branch when that branch, not the legislature, is making much law today. The first-best concept of legislature v. executive checks-and-balances has to be updated to contemplate second-best executive v. executive divisions.

A critical mechanism to promote internal separation of powers is bureaucracy. Much maligned by both the political left and right, bureaucracy serves crucial …

Legislatures, Agencies, Courts And Advocates: How Laws Are Made, Interpreted And Modified, Chai R. Feldblum, Robin Appleberry

Georgetown Law Faculty Publications and Other Works

This chapter explains the nature and practice of lawmaking, legal advocacy, and legal research as they relate to the field of work and family. Through reference to the Family and Medical Leave Act of 1993 as a case study, the authors explain the dynamic processes by which laws are made, interpreted and modified by legislatures, administrative agencies and courts, with the help of legal advocates. Their goal is not to provide substantive analysis of laws related to work and family, but rather to enable researchers from a range of disciplines to understand and access the legal system, as it currently …

Development Of New Basel Capital Accords: Hearing Before The S. Comm. On Banking, Housing, And Urban Affairs, 109th Cong., Nov. 10, 2005 (Statement Of Professor Daniel K. Tarullo, Geo. U. L. Center), Daniel K. Tarullo

Testimony Before Congress

No abstract provided.

Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Amendment In The Nature Of A Substitute To H.R. 2795, The "Patent Act Of 2005": Hearing Before The Subcomm. On Courts, The Internet, And Intellectual Property Of The H. Comm. On The Judiciary, 109th Cong., Sept. 15, 2005 (Statement Of Professor John R. Thomas, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.

Alien Gang Removal Act Of 2005: Hearing Before The H. Comm. On The Judiciary, 109th Cong., June 28, 2005 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Oversight Of The Usa Patriot Act: Hearing Before The S. Comm. On The Judiciary, 109th Cong., Apr. 5, May 10, 2005 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Title Vii And Flexible Work Arrangements To Accommodate Religious Practice & Belief

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

This timeline tracks the development of the religious accommodation requirement of Title VII of the Civil Rights Act of 1964. The timeline covers the development of statutory text, relevant EEOC regulations, and Supreme Court precedent.

Proposed Legislation On Short Term Time Off In The 108th Congress, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Legislation Proposed In The 108th Congress Relating To The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Judicial Review Before Marbury, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

While scholars have long probed the original understanding of judicial review and the early judicial review case law, this article presents a study of the judicial review case law in the United States before Marbury v. Madison that is dramatically more complete than prior work and that challenges previous scholarship on the original understanding of judicial review on the two most critical dimensions: how well judicial review was established at the time of the Founding and when it was exercised. Where prior work argues that judicial review was rarely exercised before Marbury (or that it was created in Marbury), …

Uncle Sam Is Watching You, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Pops, Pic, And Lrtap: The Role Of The U.S. In Draft Legislation To Implement These International Conventions : Testimony Before The H. Subcomm. On Environment And Hazardous Materials Of The H. Comm. On Energy And Commerce, 108th Cong., Jul. 13, 2004 (Statement Of Lisa Heinzerling, Prof. Of Law, Geo. U. L. Center), Lisa Heinzerling

Testimony Before Congress

No abstract provided.

Brief Of Amici Curiae Paralyzed Veterans Of America Et Al., Spector V. Norwegian Cruise Line Ltd., No. 03-1388 (U.S. Jul. 5, 2004), Richard Mckewen, David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Rethinking Crime Legislation: History And Harshness, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

There is a truth about the criminal law that scholars evade as much as they criticize: the criminal law is produced by legislators (rather than the experts). The author states she does not know of any way to make law in a democracy other than through the voters' representatives. And, yet, it is the standard pose of the criminal law scholar to denigrate legislatures and politicians as vindictive, hysterical, or stupid. All of these things may be true but name-calling is a poor substitute for analysis. As in constitutional law, so too in criminal law, it is time to put …

Response To State Action And A New Birth Of Freedom, Robin West

Georgetown Law Faculty Publications and Other Works

I have just a few comments. The first comment is a contribution to the ''analytic" question posed by Professor Black's work and made explicit by Professors Peller and Tushnet's paper. To make the case for the constitutional status of welfare rights, I do not think it is sufficient-although it may well be necessary-to show that the "state action" problem is merely a pseudo-problem, whatever the reason for finding it not to be a problem. I do not agree with one of the claims put forward by Peller and Tushnet,' that Black's perceptive analysis of the state action problem in his …

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.