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<title>Georgetown Law Faculty Lectures and Appearances</title>
<copyright>Copyright (c) 2013 Georgetown University Law Center All rights reserved.</copyright>
<link>http://scholarship.law.georgetown.edu/fac_lectures</link>
<description>Recent documents in Georgetown Law Faculty Lectures and Appearances</description>
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<lastBuildDate>Sun, 27 Jan 2013 19:10:39 PST</lastBuildDate>
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<title>Global Climate Change: A Civic Republican Moment for Achieving Broader Changes in Environmental Behavior</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/15</link>
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<pubDate>Thu, 10 May 2012 09:38:44 PDT</pubDate>
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	<p>These comments were given by Professor Hope Babcock on April 17, 2008 for the fourteenth annual Lloyd K. Garrison Lecture on Environmental Law at Pace Law School.</p>
<p>In this lecture, Professor Babcock argues that the problem confronting us is that we are nearing the end of achieving future gains in pollution abatement from traditional sources and the pollution that remains is largely caused by individual behavior. This she says, is true even though polls show that people consistently rate protecting the environment among their highest priorities, say they are willing to pay more to protect environmental resources, and indeed, faithfully contribute to environmental causes. Most efforts to control individual human sources of pollution have failed or not been tried because of the monumental task and cost of regulating personal behavior, the intrusiveness of doing so, and the inhibiting fear of political backlash should regulation be attempted.</p>
<p>This lecture is the author's first step towards understanding why, given the strength of the abstract environmental protection norm, individuals behave in environmentally destructive ways, and what, if anything can be done to change that behavior. For this talk, however, she focuses on only modifying social and personal norms. She also looks at only one circumstance in which norm change may occur, during an environmental crisis accompanied by heightened public activity, what some scholars, like Dan Farber and Michael Vandenbergh, refer to as a “republican moment.” They believe such a moment occurred in response to the environmental disasters of the late 1960s and early 1970s, which briefly resulted in widespread public support for a variety of legislative and regulatory initiatives and spawned the emergence of what she calls the environmental citizen.</p>

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<author>Hope M. Babcock</author>


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<title>Impeachment: Advice and Dissent</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/14</link>
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<pubDate>Wed, 09 May 2012 12:52:38 PDT</pubDate>
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	<p>In this lecture, the author describes how she first met Professor William Van Alstyne at a Federalist Society debate at Wayne State Law School in Detroit. Their colleague, the late Professor Joe Grano, had invited them to discuss whether one can sue a sitting president. Of course, this debate was not merely academic. Paula Jones had begun her sexual harassment suit against President Clinton and the suit was on its way to the Supreme Court. They got together before the debate and walked around the campus. The author thought that the president could not be sued while in office. Although she did not know at that point that the Supreme Court would unanimously reject her position, she did know that Professor Van Alstyne disagreed with her and that he was a formidable debater. The author knew that the audience members—Federalists all—were predisposed toward his side. But he was very gracious and reassuring. Even during the debate, he was constructive and supportive—not the combatant whom she had feared. He won, of course. But she felt comfortable and unembarrassed. The author felt that disagreeing with Professor Van Alstyne was most agreeable—even though she lost.</p>

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<author>Susan Low Bloch</author>


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<title>Enhancing the Senses: How Technological Advances Shape Our View of the Law</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/13</link>
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<pubDate>Tue, 26 Oct 2010 08:28:30 PDT</pubDate>
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	<p>This memorial lecture was given at West Virginia University, which houses, among other relevant programs, the Biometric Knowledge Center. The lecture surveys the application of a variety of legal topics to biometrics. Covered areas include basic research funding choices, freedom of speech, association and religion, search and seizure, and informational privacy.</p>

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<author>Steven Goldberg</author>


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<title>From a Civil Libertarian to a Sanitarian: “A Life of Learning”</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/12</link>
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<pubDate>Tue, 12 Oct 2010 12:47:25 PDT</pubDate>
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	<p>I left Harvard 15 years ago to come to Georgetown University, formed in the year of our Constitution and established by an Act of Congress. More than Oxford or Harvard, Georgetown embodied my highest ideals of using world-class scholarship to serve the needs of the most disadvantaged. The Jesuit mission of social justice, which permeates our scholarship and teaching, has deep meaning to me. And the Jesuit ideal of “the human being fully alive,” resonates with my view of the salient importance of human health and wellbeing. The ideals of equity and human fulfilment are embodied in the inscription on Georgetown Law’s Edward Bennett Williams Library: “Law is but the means, Justice is the end.”</p>
<p>While at Georgetown, guided by President DeGoia as my inspiration, I transformed my work to focus on global health. When Linda and Timothy O’Neill endowed the O’Neill Institute, it became a turning point in my life. In the inaugural lecture for the O’Neill chair, I aspired to a world that meets the basic survival needs of the world’s least healthy people, proposing a Framework Convention on Global Health. And next week, I travel to Norway for an international conference to establish such a global treaty—the beginning of a dream come true. I owe this, and so much more to this place on a Hilltop that I have come to love like none other.</p>
<p>What was the political philosophy that brought me through a journey that began with the rights of mental patients, to civil liberties and human rights, through to the health and wellbeing of the most disadvantaged? My transformation from a civil libertarian to a sanitarian startled, even dismayed, many of my friends. When I returned to the United States after living in the United Kingdom for 14 years – bringing my lovely English bride and two young boys with me - I was elected to the National Board of Directors and Executive Committee of the American Civil Liberties Union (ACLU). But by the time I wrote the Model Emergency Health Powers Act for the White House after the World Trade Center and anthrax attacks in 2001, ACLU officials were publicly tearing up my ACLU card on national television.</p>
<p>So, why the transformation from a civil libertarian to a sanitarian? In this lecture, I will discuss the evolution of my three passions—mental health, civil liberties, and global health in my personal “Life of Learning.”</p>

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<author>Lawrence O. Gostin</author>


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<title>Meeting Basic Survival Needs of the World&apos;s Least Healthy People: Toward a Framework Convention on Global Health</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/11</link>
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<pubDate>Thu, 07 Oct 2010 08:36:57 PDT</pubDate>
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	<p>This article searches for solutions to the most perplexing problems in global health - problems so important that they affect the fate of millions of people, with economic, political, and security ramifications for the world's population. There are a variety of solutions scholars propose to improve global health and close the yawning health gap between rich and poor: global health is in the national interests of the major State powers; States owe an ethical duty to act; or international legal norms require effective action. However, arguments based on national interest, ethics, or international law have logical weaknesses. The coincidence of national and global interests is much narrower than scholars claim. Ethical arguments unravel when searching questions are asked about who exactly has the duty to act and at what level of commitment. And international law has serious structural problems of application, definition, and enforcement.</p>
<p>What is truly needed, and which richer countries instinctively do for their own citizens, is to meet what I call "basic survival needs." By focusing on the major determinants of health, the international community could dramatically improve prospects for good health. Basic survival needs include sanitation and sewage, pest control, clean air and water, tobacco reduction, diet and nutrition, essential medicines and vaccines, and functioning health systems. Meeting everyday survival needs may lack the glamour of high-technology medicine or dramatic rescue, but what they lack in excitement they gain in their potential impact on health, precisely because they deal with the major causes of common disease and disabilities across the globe.</p>
<p>If meeting basic survival needs can truly make a difference for the world's population then how can international law play a constructive role? What is required is an innovative way of structuring international obligations. A vehicle such as a Framework Convention on Global Health (FCGH) could powerfully improve global health governance. Such a Framework Convention would commit States to a set of targets, both economic and logistic, and dismantle barriers to constructive engagement by the private and charitable sectors. It would stimulate creative public/private partnerships and actively engage civil society stakeholders. A FCGH could set achievable goals for global health spending as a proportion of GNP; define areas of cost effective investment to meet basic survival needs; build sustainable health systems; and create incentives for scientific innovation for affordable vaccines and essential medicines.</p>
<p>This article first examines the compelling issue of global health equity, and inquires whether it is fair that people in poor countries suffer such a disproportionate burden of disease and premature death. Second, the article explains a basic problem in global health: why health hazards seem to change form and migrate everywhere on the earth. Third, the article inquires why governments should care about serious health threats outside their borders, and explores the alternative rationales: direct health benefits, economic benefits, and improved national security. Fourth, the article describes how the international community focuses on a few high profile, heart-rending, issues while largely ignoring deeper, systemic problems in global health. By focusing on basic survival needs, the international community could dramatically improve prospects for the world's population. Finally, the article explores the value of international law itself, and proposes an innovative mechanism for global health reform - a Framework Convention on Global Health.</p>

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<author>Lawrence O. Gostin</author>


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<title>Peace and Justice: Notes on the Evolution and Purposes of Legal Processes</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/10</link>
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<pubDate>Thu, 07 Oct 2010 08:12:42 PDT</pubDate>
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	<p>This text of the inaugural lecture for the A.B. Chettle, Jr. Chair in Dispute Resolution and Civil Procedure at Georgetown University Law Center presents an intellectual outline (theory and practice) for a house of justice built on the foundations of Lon Fuller, the Legal Process school, Jurgen Habermas' and Stuart Hampshire's social philosophy about democratic processes, the floors of comparative processes, drawing on the work of political theorist Jon Elster and empirical work on legal and political processes and the ceilings of new processes, like consensus building fora, truth and reconciliation commissions and other combinations of legal and political processes. A model of different modes of human conflict resolution is outlined with differentiations of different forms of process (open/closed; plenary/committees; expert/naturalistic; constitutive/permanent/ad hoc).</p>
<p>The article suggests a broadened view of what should be taught as legal process - beyond conventional civil procedure to many more forms of human legal and political processes. If process is the human bridge between justice and peace then we much teach about both kinds of processes - those seeking justice and those seeking peace; hopefully they can both be accomplished.</p>

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<author>Carrie Menkel-Meadow</author>


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<title>The People or the State?: Chisholm v. Georgia and Popular  Sovereignty</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/9</link>
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<pubDate>Thu, 23 Sep 2010 07:39:35 PDT</pubDate>
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	<p>Chisholm v. Georgia was the first great constitutional case decided by the Supreme Court. In Chisholm, the Court addressed the fundamental question: Who is Sovereign? The People or the State? It adopted an individual concept of popular sovereignty rather than the modern view that limits popular sovereignty to collective or democratic self-government. It denied that the State of Georgia was a sovereign entitled, like the King of England, to assert immunity from a lawsuit brought by a private citizen. Despite all this, Chisholm is not among the canon of cases that all law students are taught. Why not? In this essay, I offer several reasons: Constitutional law is taught by doctrine rather than chronologically; law professors have reason to privilege the Marshall Court; and the Court's individualist view of popular sovereignty is thought to have been repudiated by the adoption of the Eleventh Amendment. I explain why the Eleventh Amendment did not repudiate the view of sovereignty expressed in Chisholm by comparing the wording of the Eleventh with that of the Ninth Amendment, and conclude by suggesting another reason why Chisholm is not in the canon: Law professors follow the lead of the Supreme Court and, like the Ninth Amendment, the Supreme Court has deemed its first great decision too radical in its implications.</p>

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<author>Randy E. Barnett</author>


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<title>The Book of Job and the Role of Uncertainty in Religion and Law</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/8</link>
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<pubDate>Wed, 08 Sep 2010 11:09:31 PDT</pubDate>
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	<p>The Book of Job depicts the radical uncertainty that results when people try to comprehend God. Job has had an extraordinary influence on philosophy and literature, and its message on the limits of human knowledge has even been echoed in the words of great scientists. Surprisingly, however, it has had little influence on the rhetoric or approach of lawyers and judges. The legal profession, which confronts uncertain outcomes daily, has reduced uncertainty to a mundane calculation of odds, while ignoring the more fundamental idea of the unknown because that idea would paralyze legal work.</p>

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<author>Steven Goldberg</author>


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<title>Risking It All</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/6</link>
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<pubDate>Fri, 30 Apr 2010 12:56:17 PDT</pubDate>
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	<p>Thank you for inviting me here today. I feel privileged to deliver this lecture honoring Daniel Meador, a beloved alumnus, former Dean, and colleague.</p>
<p>I congratulate the organizers of this year's three-part lecture series for choosing the topic "Risk and the Law." The topic is timely, full of rich possibilities for analysis, and as contentious as any matter in legal academics today. If you attend all of the lectures - mine, plus those by Professors Simon and Sunstein - I believe you will begin to see why issues of risk are so important and so hard, and I am certain you will come away with quite different lessons from each of us. Mine, of course, will be the least controversial.</p>

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<author>Lisa Heinzerling</author>


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<title>Thirty Years of Environmental Protection Law in the Supreme Court</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/5</link>
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<pubDate>Fri, 30 Apr 2010 12:56:16 PDT</pubDate>
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	<p>It is an honor to present a lecture named after Lloyd Garrison and to be here at Pace Law School. It is especially fitting, of course, that the first Garrison Lecture was presented by Pace's own David Sive. Professor Sive, as we all know, worked closely with Garrison on the celebrated Scenic Hudson litigation. Few legal counsel have been so closely identified with the emergence of the environmental law profession during the past three decades. Indeed, if there were such a thing as a legal thesaurus that linked substantive areas of law with lawyers and one looked up "environ-mental law," its first synonym would undoubtedly be "David Sive."  I do not and could not, however, make claim to the extraordinary pedigree of David Sive: one of the first of the very first generation of modern environmental lawyers in this country. Nor can a fair comparison be made to the other three Garrison Lecturers who preceded me: Professors Joe Sax, Bill Rodgers, and Oliver Houck. These are true pioneers. They inspired much in the formation of modern environmental protection law, and have served since in their scholarship and their legal counsel as the law's guardians and promoters.  But what I strive to claim is a close lineage, as the first of the second generation of environmental lawyers and scholars to deliver this lecture. I use the term "lineage" deliberately. For although I did not then know any of them by name, it was the work of Lloyd Garrison, David Sive, and the others that resulted in my own decision to engage in the study and practice of environmental law.</p>

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<author>Richard J. Lazarus</author>


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<title>Rectifying the Tilt: Equality Lessons from Religion, Disability, Sexual Orientation, and Transgender</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/4</link>
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<pubDate>Thu, 14 Jan 2010 08:08:39 PST</pubDate>
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	<p>It was an honor and a joy to deliver the Tenth Annual Frank M. Coffin Lecture on Law and Public Service and to publish it now in the Maine Law Review. I thank you for this opportunity.</p>
<p>I have always believed that a life worth living includes two necessary components: passion and connection. I experience those components both in my work and in my personal life. I love the passion I find in my work - both in my advocacy efforts to advance justice in the world and in the teaching through which I try to pass on to others whatever skills and wisdom I have accumulated over the years. And I love the passion I find in my personal life, in my efforts to explore and commit to the joys and challenges of intimacy and friendship.</p>
<p>The connections that I treasure track my various passions: starting from the connections I experience in an intimate relationship and in personal friendships, to the connections I have with colleagues, students, and mentors. Judge Frank Morey Coffin is a remarkable and joyous connection in my life. It is the connection of a mentor, of a teacher, and of a friend. And in the example of his life, Judge Coffin has demonstrated his passion for making the world a better place, for imparting wisdom (and jibes and practical jokes) to his students, and for maintaining a full and happy home life.</p>
<p>I have been enriched by this connection with Judge Coffin - both enriched with little pearls of wisdom and with great peals of laughter - and I am everlastingly grateful for those riches.</p>
<p>I can think of no finer way to honor that connection, and to pay back some of the amazing gifts showered on me by Judge Coffin, than to deliver (and publish) the Coffin lecture on law and public service, which encompasses so many of the passions and connections of my life. And on this occasion of the Tenth Annual Coffin Lecture, I feel I stand here as a representative of every former, and current, law clerk of Judge Coffin, all of whom, I know, would echo my gratitude and joy for their connection to the judge.</p>

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<author>Chai R. Feldblum</author>


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<title>Beyond Welfare Reform: Economic Justice in the 21st Century</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/3</link>
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<pubDate>Thu, 14 Jan 2010 06:46:05 PST</pubDate>
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	<p>Thank you so much, Mary Louise. I am deeply honored that you asked me to be here today with you and Tomas and Dan to deliver these remarks in memory of Mario Olmos. He was a wonderful role model for the values that have been celebrated throughout this lecture series, and I am doubly honored to be added to the list of distinguished speaker who have preceded me.</p>

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<author>Peter B. Edelman</author>


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<title>Poverty &amp; Welfare: Does Compassionate Conservatism Have a Heart?</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/2</link>
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<pubDate>Thu, 14 Jan 2010 06:32:16 PST</pubDate>
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	<p>I am honored to deliver a lecture in memory of Edward Sobota, especially because such distinguished speakers have preceded me.</p>
<p>Our question here is: does compassionate conservatism have a heart? Almost five years have passed since the 1996 welfare law was enacted. So, we might ask, where are we and where are we going, and even more to the point, what are the prospects for better policy and outcomes on poverty generally? One American child in six is still poor, and the number of families in economic difficulty is much larger than that. That is the context in which we have a new president and a new administration.</p>

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<author>Peter B. Edelman</author>


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<title>Why Would Anyone Want to Be a Public Interest Lawyer?</title>
<link>http://scholarship.law.georgetown.edu/fac_lectures/1</link>
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<pubDate>Thu, 22 Oct 2009 12:25:05 PDT</pubDate>
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	<p>I can barely express how grateful the Law Center is to the Delaneys for their generous gift, or what an honor it is to be designated as the first Delaney Family Professor of Public Interest Law at this incredibly vibrant institution.  But our celebration today is not merely the recognition of my scholarship or public service.  What the Delaneys have done is to honor not only me but also the hundreds of Georgetown students, faculty, staff and alumni who perform public service.  Whether they have achieved high office, like Senators Richard Durbin and Patrick Leahy, or provide free legal services for accused defendants in the local courts, or like April Delaney herself, do research, advocacy, or public education in nonprofit organizations, the public interest lawyers who have passed through the halls of Georgetown Law are all encompassed by the Delaneys' vision that public service is the highest calling of those in our profession.</p>

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<author>Philip G. Schrag</author>


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