Author Archive for georgetown-law-journal
Georgetown Law Journal, Issue 100.2 (January 2012)
posted by Georgetown Law Journal

Articles
Naomi Cahn
Response: Rethinking Sperm-Donor Anonymity: Of Changed Selves, Nonidentity, and One-Night Stands
Glenn Cohen
Meaning, Purpose, and Cause in the Law of Deception
Gregory Klass
Garrick B. Pursley
Notes
The Grand Trunk Road from Salomon to Mehta: Economic Development and Enterprise Liability in India
Abhi Raghunathan
January 26, 2012 at 3:10 pm
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Georgetown Law Journal, Issue 100.2 (January 2012)
posted by Georgetown Law Journal

Articles
Naomi Cahn
Response: Rethinking Sperm-Donor Anonymity: Of Changed Selves, Nonidentity, and One-Night Stands
Glenn Cohen
Meaning, Purpose, and Cause in the Law of Deception
Gregory Klass
Garrick B. Pursley
Notes
The Grand Trunk Road from Salomon to Mehta: Economic Development and Enterprise Liability in India
Abhi Raghunathan
September 1, 2011 at 9:21 am
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Georgetown Law Journal, Issue 99.4 (April 2011)
posted by Georgetown Law Journal

Articles
Daniel A. Farber
Constitutional Courts and Democratic Hedging
Samuel Issacharoff
Sore Loser Laws and Democratic Contestation
Michael S. Kang
Good Faith, New Law, and the Scope of the Exclusionary Rule
Orin S. Kerr
Victoria Nourse
Notes
This is Real Hip-Hop: Hip-Hop’s Rejection of Paul Butler’s Theory of Justice in Let’s Get Free
Matthew Murrell
Daniel C. Taylor
May 23, 2011 at 10:57 am
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Georgetown Law Journal, Issue 99.3 (March 2011)
posted by Georgetown Law Journal

Articles
Patent Quality and Settlement Among Repeat Patent Litigants
John R. Allison, Mark A. Lemley, & Joshua Walker
The Sacrifice of the New Originalism
Thomas B. Colby
David S. Law
Notes
Guilt by (More Than) Association: The Case for Spectator Liability in Gang Rapes
Kimberley K. Allen
The Reach of the Writ: Boumediene v. Bush and the Political Question Doctrine
Zachary M. Vaughan
March 30, 2011 at 6:06 pm
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Georgetown Law Journal, Issue 99.2 (January 2011)
posted by Georgetown Law Journal

Articles
How International Financial Law Works (and How It Doesn’t)
Chris Brummer
Kurt T. Lash
Adam J. Levitin
Explaining Plurality Decisions
James F. Spriggs II & David R. Stras
Notes
The Barracuda Lacuna: Music, Political Campaigns, and the First Amendment
Sarah Schacter
Catherine Chiantella Stern
David S. Yellin
February 4, 2011 at 1:09 pm
Posted in: Law Rev (Georgetown), Law School (Law Reviews), Uncategorized
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Georgetown Law Journal, Issue 99.1 (November 2010)
posted by Georgetown Law Journal

Articles
The Wages of Stealth Overruling (With Particular Attention to Miranda v. Arizona)
Barry Friedman
Litigation Finance: A Market Solution to a Procedural Problem
Jonathan T. Molot
David L. Noll
Remarks
“Choosing (and Recusing) Our State Court Justices Wisely”: Keynote Remarks by Justice O’Connor
Honorable Sandra Day O’Connor
Honorable David Souter
Notes
Showdown in the Rose Garden: Congressional Contempt, Executive Privilege, and the Role of the Courts
Timothy T. Mastrogiacomo
Libel Tourism: Protecting Authors and Preserving Comity
Daniel C. Taylor
Megan Woodhouse
November 29, 2010 at 11:01 am
Posted in: Law Rev (Georgetown), Uncategorized
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Georgetown Law Journal, Issue 98.4 (April 2010)
posted by Georgetown Law Journal

Article
Coasean Blind Spots: Charting the Incomplete Institutionalism
Gregg P. Macey
Essays
Post-racialism in the Inner City: Structure and Culture in Lawyering
Anthony V. Alfieri
Mario L. Barnes, Erwin Chemerinsky, Trina Jones
Kevin R. Johnson
Another Hair Piece: Exploring New Strands of Analysis Under Title VII
Angela Onwuachi-Willig
Girardeau A. Spann
Notes
Reinterpreting Raines: Legislator Standing To Enforce Congressional Subpoenas
Una Lee
Free at What Cost?: Cloud Computing Privacy Under the Stored Communications Act
William Jeremy Robison
April 27, 2010 at 1:30 pm
Posted in: Law Rev (Georgetown), Law Rev Contents
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Georgetown Law Journal, Issue 98.3 (March 2010)
posted by Georgetown Law Journal

Articles
Pregnancy, Work, and the Promise of Equal Citizenship
Joanna L. Grossman
Loyalty’s Core Demand: The Defining Role of Good Faith in Corporation Law
Leo E. Strine, Jr., Lawrence A. Hamermesh, R. Franklin Balotti, & Jeffrey M. Gorris
Public Communities, Private Rules
Hannah Wiseman
Notes
Tamica H. Daniel
Edward W. Duffy
Shauna R. Prewitt
March 22, 2010 at 8:32 am
Posted in: Law Rev (Georgetown), Uncategorized
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The Georgetown Law Journal 2010 Symposium: Post-racialism in American Law and Lawyering
posted by Georgetown Law Journal
The Symposium brings together essays and articles from six legal scholars, addressing the notion of “post-racialism” and its relevance (or not) for legal practice. Articles tackle various areas of the law, from immigration law to constitutional law to community lawyering, but are connected in their query of this seemingly amorphous new term: “post-racial.” In addition, Benjamin Wilson, a Washington D.C. attorney in private practice and the recipient of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs Willy Branton Award, will give a keynote address on Friday morning.
The Symposium is a collaborative enterprise among diverse student groups at Georgetown Law, including The Georgetown Law Journal, the Black Law Students Association, Women of Color Collective, the Brothers’ Forum, The Modern Critical Race Perspectives Journal, and the Global Race and Identity Project.
WHEN:
Friday, March 26, 2010, 9:30 a.m. – 2:00 p.m.
WHERE:
Georgetown University Law Center
McDonough Hall, Room 203
600 New Jersey Avenue, NW
Washington, D.C. 20001
SCHEDULE:
Friday, March 26th
9:30 – Coffee and Welcome, 2nd Floor McDonough Hall Atrium
10:00 – Keynote Address, 203 McDonough Hall
Benjamin F. Wilson, Managing Principal of Beveridge & Diamond and 2009 recipient of the Washington Lawyers’ Committee for Civil Rights and Urban Development Wiley Branton Award for outstanding achievement in civil rights law
10:45 – 12:45 – Panel Discussion, 203 McDonough Hall
Professor Anthony Alfieri, The University of Miami School of Law, Post-racialism in the Inner City: Structure and Culture in Lawyering
Dean Erwin Chemerinsky, Professor Mario L. Barnes, and Professor Trina Jones, University of California Irvine School of Law, A Post-race Equal Protection?
Dean Kevin Johnson, University of California Davis School of Law, How Racial Profiling in America Became the Law of the Land: United States v. Brignoni-Ponce and Whren v. United States and the Need for Truly Rebellious Lawyering
Professor Angela Onwuachi-Willig, The University of Iowa College of Law, Another Hair Piece: Exploring New Strands of Analysis Under Title VII
Professor Girardeau Spann, Georgetown University Law Center, Disparate Impact
12:45 – 2:00 Working Lunch, 203 McDonough Hall
The working lunch will provide attendees with the opportunity to engage directly with the Symposium authors around the themes of the panel discussion.
March 16, 2010 at 6:42 pm
Posted in: Law Rev (Georgetown)
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Georgetown Law Journal, Issue 98.2 (January 2010)
posted by Georgetown Law Journal

Articles
Lucian A. Bebchuk & Holger Spamann
Ronald J. Mann & Katherine Porter
Codified Canons and the Common Law of Interpretation
Jacob Scott
Lecture
Constitutional Law and International Law: National Exceptionalism and the Democratic Deficit?
The Hon. Michael Kirby AC CMG
Notes
Rupal M. Doshi
Rights Clash: How Conflicts Between Gay Rights and Religious Freedoms Challenge the Legal System
Laura K. Klein
Biologics Revolution: The Intersection of Biotechnology, Patent Law, and Pharmaceutical Regulation
Joyce Tam
February 3, 2010 at 6:05 am
Posted in: Law Rev (Georgetown), Uncategorized
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“A Vain and Idle Enactment”: Could McDonald v. Chicago Un-Slaughter the Privileges or Immunities Clause?
posted by Georgetown Law Journal
Alan Gura, Partner, Gura & Possessky, PLLC; Lead Counsel, District of Columbia v. Heller; Lead Counsel, McDonald v. Chicago
Randy Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center
Kurt Lash, James P. Bradley Chair of Constitutional Law, Loyola Law School; Author, The Origins of the Privileges or Immunities Clause (Georgetown Law Journal, forthcoming)
David Gans, Program Director, Constitutional Accountability Center; Author, The Gem of the Constitution: The Text and History of the Privileges or Immunities Clause of the Fourteenth Amendment
This event is open to the public and sponsored by The Georgetown Law Journal, the Georgetown Law chapters of the American Constitution Society for Law and Policy and the Federalist Society for Law & Public Policy Studies, and the Georgetown Law Militia.
Friday, November 13, 2009, 12:30 – 2:30 p.m.
Georgetown University Law Center
McDonough Hall – Hart Auditorium
600 New Jersey Avenue, NW
Washington, D.C. 20001
The panelists will discuss the current Supreme Court case McDonald v. Chicago, in which the Court will decide whether the 2nd Amendment is incorporated to apply to the states. Following up on its decision in District of Columbia v. Heller, the Court may decide to breathe life into the Privileges or Immunities Clause of the 14th Amendment, a clause which has essentially remained “vain and idle” since the Slaughterhouse cases in 1873.
The panelists will provide a historical understanding of the Privileges or Immunities Clause, whether it can properly serve as a vehicle for incorporation, and the implications that would result if the Court adopts this position.
November 11, 2009 at 7:25 am
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Georgetown Law Journal, Issue 98.1 (November 2009)
posted by Georgetown Law Journal

Articles
Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases
Tonja Jacobi & Matthew Sag
A Pragmatic Defense of Contract Law
Nathan B. Oman
Rethinking Bivens: Legitimacy and Constitutional Adjudication
James E. Pfander & David Baltmanis
Notes
The Liability of Clergy for the Acts of Their Congregants
Mark Herman
Climate Change Litigation: Drawing Lines to Avoid Strict, Joint, and Several Liability
Kirk Maag
Insuring Fairness: The Popular Creation of Genetic Antidiscrimination
Jeffrey Morrow
October 26, 2009 at 2:00 pm
Posted in: Law Rev (Georgetown)
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Georgetown Law Journal, Issue 97.5 (June 2009)
posted by Georgetown Law Journal

Articles
Courtney Megan Cahill
Benjamin Means
Judicial Review of Congress Before the Civil War
Keith E. Whittington
Notes
Erick Flores
Gabriel L. Slater
Brandon Smith
July 2, 2009 at 3:19 pm
Posted in: Law Rev (Georgetown)
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Georgetown Law Journal, Issue 97.4 (April 2009)
posted by Georgetown Law Journal

Georgetown Law Journal, Issue 97.4 (April 2009)
Articles
Judith Areen
John T. Parry
Symbolic Expression and the Original Meaning of the First Amendment
Eugene Volokh
Notes
Shareholder Liability for Corporate Torts: A Historical Perspective
Daniel R. Kahan
An International Hit Job: Prosecuting Organized Crime Acts as Crimes Against Humanity
Jennifer M. Smith
April 28, 2009 at 11:28 am
Posted in: Law Rev (Georgetown)
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Georgetown Law Journal, Issue 97.3 (March 2009)
posted by Georgetown Law Journal

Georgetown Law Journal, Issue 97.3 (March 2009)
Articles
Jamal Greene
A Theory of Judicial Power and Judicial Review
David S. Law
Essay and Responses
Spam Jurisprudence, Air Law, and the Rank Anxiety of Nothing Happening (A Report on the State of the Art)
Pierre Schlag
Get a LIfe?
Daniel R. Ortiz
The State of Legal Scholarship Today (A Comment on Schlag)
Richard A. Posner
Daniel Arises: Notes (Such as 30 and 31) from the Schlagaground
Richard H. Weisberg
A Reply to Pierre
Robin West
Notes
Procurement and the Polls: How Sharing Responsibility for Acquiring Voting Machines Can Improve and Restore Confidence in American Voting Systems
Philip J. Peisch
“The Great Equalizer”: Making Sense of the Supreme Court’s Equal Protection Jurisprudence in American Public Education and Beyond
Matthew Scutari
March 23, 2009 at 6:15 pm
Posted in: Law Rev (Georgetown)
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Georgetown Law Journal, Issue 97.2 (January 2009)
posted by Georgetown Law Journal

Georgetown Law Journal, Issue 97.2 (January 2009)
Articles
Legislative Supremacy in The United States? Rethinking the Enrolled Bill Doctrine
Ittai Bar-Siman-Tov
Substance or Illusion? The Dangers of Imposing a Standing Threshold
Amanda Leiter
The Optimal Relationship Between Taxable Income and Financial Accounting Income: Analysis and a Proposal
Daniel Shaviro
Is Privacy a Woman?
Jeannie Suk
Notes
When “Turnabout” Is Not “Fair Play”: Tribal Immunity Under the Indian Gaming Regulatory Act
Courtney J. A. DaCosta
When Is a Search Not a Search? When It’s a Quarter: The Third Amendment, Originalism, and NSA Wiretapping
Josh Dugan
A “Margin of Appreciation” for “Marriages of Appreciation”: Reconciling South Asian Adult Arranged Marriages with the Matrimonial Consent Requirement in International Human Rights Law
Prashina J. Gagoomal
Unpublished Opinions: A Convenient Means to an Unconstitutional End
Erica Weisgerber
January 27, 2009 at 12:07 pm
Posted in: Law Rev (Georgetown), Law Rev Contents
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Georgetown Law Journal, Issue 97.1 (November 2008)
posted by Georgetown Law Journal

Georgetown Law Journal, Issue 97.1 (November 2008)
Articles
Risk Governance and Deliberative Democracy in Health Care
Nan D. Hunter
Judicial Review and the Right To Resist
Edward Rubin
Crimen Sine Lege: Judicial Lawmaking at the Intersection of Law and Morals
Beth Van Schaack
Systemic Risk
Steven L. Schwarcz
Notes
Preserving the Value of Unanimous Criminal Jury Verdicts in Anti-Deadlock Instructions
Emil J. Bove III
The Elusive Value: Protecting Privacy During Class Action Discovery
Jeff Kosseff
September 29, 2008 at 11:49 am
Posted in: Law Rev (Georgetown), Law Rev Contents
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Georgetown Law Journal, Issue 96.6 (August 2008)
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Georgetown Law Journal, Issue 96.6 (August 2008)
Articles
William Baude
Should Courts Give Stare Decisis Effect to Statutory Interpretation Methodology?
Sydney Foster
Responders’ Responsibility: Liability and Immunity in Public Health Emergencies
Sharona Hoffman
Tabloid Constitutionalism: How a Bill Doesn’t Become a Law
Brian C. Kalt
The Property Puzzle
Amnon Lehavi
Notes
“The Provision of Material Support and Resources” and Lawsuits Against State Sponsors of Terrorism
Michael T. Kotlarczyk
Taking the Temple: Eminent Domain and the Limits of RLUIPA
Daniel N. Lerman
Gods & Gays: Analyzing the Same-Sex Marriage Debate from a Religious Perspective
Ben Schuman
Expanding Expanded Access: How the Food and Drug Administration Can Achieve Better Access to Experimental Drugs for Seriously Ill Patients
Judy Vale
August 18, 2008 at 1:56 pm
Posted in: Law Rev (Georgetown), Law Rev Contents
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Georgetown Law Journal, Issue 96.5 (June 2008)
posted by Georgetown Law Journal

Georgetown Law Journal, Issue 96.5 (June 2008)
Articles
The Antidomination Model and the Judicial Oversight of Democracy
Yasmin Dawood
Advocacy Matters Before and Within the Supreme Court: Transforming the Court by Transforming the Bar
Richard J. Lazarus
Climate Change Justice
Eric A. Posner & Cass R. Sunstein
The Executive’s Duty To Disregard Unconstitutional Laws
Saikrishna Bangalore Prakash
Notes
Zero to Life: Sentencing Appeals at the International Criminal Tribunals for the Former Yugoslavia and Rwanda
Jennifer J. Clark
Hamlet Was a Law Student: A “Dramatic” Look at Emotion’s Effect on Analogical Reasoning
Jonathan Uffelman
How Self-Restriction Laws Can Influence Societal Norms and Address Problems of Bounded Rationality
Cecil VanDevender
June 13, 2008 at 12:15 pm
Posted in: Law Rev (Georgetown), Law Rev Contents
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Georgetown Law Journal, Issue 96.4 (April 2008)
posted by Georgetown Law Journal

Georgetown Law Journal, Issue 96.4 (April 2008)
Articles
William N. Eskridge & Lauren E. Baer
The Hanging Chads of Corporate Voting
Marcel Kahan & Edward Rock
Writing, Cognition, and the Nature of the Judicial Function
Chad M. Oldfather
Notes
When Clarity Means Ambiguity: An Examination of Statutory Interpretation at the Environmental Protection Agency
Susannah Landes Foster
Hearsay at Guantanamo: A “Fundamental Value Determination”
Martin A. Hewett
The dataset for Eskridge & Baer’s The Continuum of Deference is available here.
April 28, 2008 at 12:30 pm
Posted in: Law Rev (Georgetown), Law Rev Contents
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