Content Posted in 2015
Academic Freedom and Political Neutrality in Law Schools: An Essay on Structure and Ideology in Professional Education, J. Peter Byrne
Academic Freedom: A ‘Special Concern of the First Amendment’, J. Peter Byrne
A Comment on the Supreme Court's Decision in Ohio v. Clark: The Court's Confrontation Clause Jurisprudence Evolves, Paul F. Rothstein
A Comment on the Supreme Court's Decision in Ohio v. Clark: The Court's Confrontation Clause Jurisprudence Evolves, Paul F. Rothstein
A Consent Theory of Contract, Randy E. Barnett
A Deer in Headlights: The Supreme Court, LGBT Rights, and Equal Protection, Nan D. Hunter
Advance Directives Under State Law and Judicial Decisions (Medical Decision-Making and the ‛Right to Die’ After Cruzan), Judith C. Areen
Advocacy Scholarship and Affirmative Action, Charles F. Abernathy
AIDS - Pushing the Limits of Scientific and Legal Thought, Jane H. Aiken
All of This Has Happened before and All of This Will Happen Again: Innovation in Copyright Licensing, Rebecca Tushnet
Alternative Schools: Better Guardians than Family or State?, Judith C. Areen
A Mask That Eats into the Face: Images and the Right of Publicity, Rebecca Tushnet
Analysis of Foreclosure in the EC Guidelines on Vertical Restraints, Steven C. Salop
A Need for Caring, Judith C. Areen
An Evidence Code: The American Experience, Paul F. Rothstein
A Ninth Amendment for Today’s Constitution, Randy E. Barnett
An O'Neill Institute Briefing Paper: Ebola, the World Health Organization, and Beyond: Toward a Framework for Global Health Security, Lawrence O. Gostin, Eric A. Friedman, and Daniel Hougendobler
An O’Neill Institute Briefing Paper: Ebola, the World Health Organization, and Beyond: Toward a Framework for Global Health Security, Lawrence O. Gostin
Anti-Primacy: Sharing Power in American Corporations, Robert B. Thompson
Antitrust, Competition Policy, and Inequality, Jonathan B. Baker and Steven C. Salop
Apportioning Basis: Partial Sales, Bargain Sales and the Realization Principle, Stephen B. Cohen
Arendt on the Crime of Crimes, David Luban
Are the Suburbs Unconstitutional?, J. Peter Byrne
A Retrospective and Prospective Analysis of the West African Ebola Virus Disease Epidemic: Robust National Health Systems at the Foundation and an Empowered WHO at the Apex, Lawrence O. Gostin and Eric A. Friedman
A Retrospective and Prospective Analysis of the West African Ebola Virus Disease Epidemic: Robust National Health Systems at the Foundation and an Empowered WHO at the Apex, Lawrence O. Gostin and Eric A. Friedman
A Running Start: Getting “Law Ready” during a Presidential Transition, James E. Baker
A Scarcity of Organs, Judith C. Areen
A Tale of Two Diseases: Mental Illness and HIV/AIDS, Lawrence O. Gostin
A Tribute to Robert F. Drinan, S.J.: Honoring a Lifetime of Public Service, Sherman L. Cohn
Baby M Reconsidered, Judith C. Areen
Basic Themes For Regulatory Takings Litigation, J. Peter Byrne
Behavioral Ethics, Behavioral Compliance, Donald C. Langevoort
Bioethics and Law: The Second Stage – Balancing Intelligent Consent and Individual Autonomy, Judith C. Areen
Book Review of Disaster by Decree, Charles F. Abernathy
Book Review of Section 1983: Sword and Shield, Charles F. Abernathy
Building a Commercial Practice, Stephen B. Cohen
Can Justice and the Rule of Law Be Reconciled?, Randy E. Barnett
Can We Indict a Sitting President?, Susan Low Bloch
Celebrating the 200th Anniversary of the Federal Courts of the District of Columbia, Susan Low Bloch
cGUPPI: Scoring Incentives to Engage in Parallel Accommodating Conduct, Serge Moresi, David Reitman, Steven C. Salop, and Yianis Sarafidis
Commentary, At Issue – House Rules: Is a Supermajority Requirement for Tax Hikes Constitutional? – No, The Framers Had Only a Simple Majority in Mind, Susan Low Bloch
Comment: The Doctrine of Chances, Brides of the Bath and a Reply to Sean Sullivan, Paul F. Rothstein
Common Capital: A Thought Experiment in Cross-Border Resolution, Anna Gelpern
Conceptualizing Student Practice for the 21st Century: Educational and Ethical Considerations in Modernizing the District of Columbia Student Practice Rules, Wallace J. Mlyniec and Haley D. Etchison
Conditioning U.S. Security Assistance on Human Rights Practices, Stephen B. Cohen
Constitutional Dignity and the Criminal Law, James E. Baker
Contract Scholarship and the Reemergence of Legal Philosophy, Randy E. Barnett
Contracts Symposium Issue: Featured Speaker: The Right to Contract as a Civil Right, Robin West
Courts and Sovereigns in the Pari Passu Goldmines, Anna Gelpern
Cross-Border Targeted Killings: "Lawful but Awful"?, Rosa Brooks
Differentiating Sex from Sex: The Male Irresistible Impulse, Jane H. Aiken
Disciplining Congress: The Taxing and Spending Powers, Susan Low Bloch
Do Credit-Based Insurance Scores Proxy for Income in Predicting Auto Claim Risk?, Darcy Steeg Morris, Daniel Schwarcz, and Joshua C. Teitelbaum
Effectively Regulating E-Cigarettes and Their Advertising—and the First Amendment, Eric N. Lindblom
Elementary Statutory Interpretation: Rethinking Legislative Intent and History, Victoria Nourse
Equality, Centralization, Community, and Governance in Contemporary Education Law, Eloise Pasachoff
Ex Post Facto in the Civil Context: Unbridled Punishment, Jane H. Aiken
Ex Post Modernism: How the First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Federal Discovery: A Survey of Local Rules and Practices in View of Proposed Changes to the Federal Rules, Sherman L. Cohn
Federalism, Welfare Reform and the Minority Poor: Accounting for the Tyranny of State Majorities, Sheryll D. Cashin
Forced Migration, The Human Face of a Health Crisis, Lawrence O. Gostin and Anna E. Roberts
Forced Migration, The Human Face of a Health Crisis, Lawrence O. Gostin and Anna E. Roberts
Foreword: "Do What You Can...", Susan Low Bloch
Four Senses of the Public Law-Private Law Distinction, Randy E. Barnett
Freedom of the Church and our Endangered Civil Rights: Exiting the Social Contract, Robin West
Free to Choose, Randy E. Barnett
Gatsby and Tort, Robin West
Getting Even: Restitution, Preventive Detention, and the Tort/Crime Distinction, Randy E. Barnett
Getting Normative: The Role of Natural Rights in Constitutional Adjudication, Randy E. Barnett
Green Property, J. Peter Byrne
Guns, Militias and Oklahoma City, Randy E. Barnett
High Technology, Consumer Privacy, and U.S. National Security, Laura K. Donohue
Hobby Lobby, Birth Control and Our ongoing Cultural Wars: Pleasure and Desire in the Crossfires, Robin West
Humanitarian Intervention: Evolving Norms, Fragmenting Consensus (Remarks), Rosa Brooks
Human Rights Thinking and the Laws of War, David Luban
Imagining Global Health with Justice: In Defense of the Right to Health, Eric A. Friedman and Lawrence O. Gostin
Implementing a Progressive Consumption Tax: Advantages of Adopting the VAT Credit-Method System, Itai Grinberg
Indonesia Has It Backward: It's Not E-Cigarettes That's the Problem but Smoking, Lawrence O. Gostin
Indonesia Has It Backward: It's Not E-Cigarettes That's the Problem but Smoking, Lawrence O. Gostin
In Memoriam: Charles Fahy, Sherman L. Cohn
In Memoriam: Professor Frank Flegal, Judith C. Areen
International Economic Sanctions: Improving the Haphazard U.S. Legal Regime, Barry E. Carter
International Law’s Contributions to Peace, Barry E. Carter
Interpreting Liberty and Equality Through the Lens of Marriage, Nan D. Hunter
Intervention Between Parent and Child: A Reappraisal of the State’s Role in Child Neglect and Abuse Cases, Judith C. Areen
Jewish Law: Finally, a Useable and Readable Text for the Noninitiate, Sherman L. Cohn
Judge (A Tribute to Judge Frank M. Coffin), J. Peter Byrne
Judicial Conservatism v. A Principled Judicial Activism: Foreword to the "Symposium on Law and Philosophy", Randy E. Barnett
Jupiter as Everyman: Michael Reisman and the Scholar as Teacher, James E. Baker
King v Burwell: Subsidizing US Health Insurance for Low- and Middle-Income Individuals, Lawrence O. Gostin, Mary C. DeBartolo, and Daniel Hougendobler
King v Burwell: Subsidizing US Health Insurance for Low- and Middle-Income Individuals, Lawrence O. Gostin, Mary C. DeBartolo, and Daniel Hougendobler
Law, Ethics, and Public Health in the Vaccination Debates: Politics of the Measles Outbreak, Lawrence O. Gostin
Law, Ethics, and Public Health in the Vaccination Debates: Politics of the Measles Outbreak, Lawrence O. Gostin
Law Reform in Estonia: The Role of Georgetown University Law Center, J. Peter Byrne and Philip G. Schrag
Law’s power to safeguard global health: a Lancet–O’Neill Institute, Georgetown University Commission on Global Health and the Law, Lawrence O. Gostin, John T. Monahan, Mary C. DeBartolo, and Richard Horton
Law’s power to safeguard global health: a Lancet–O’Neill Institute, Georgetown University Commission on Global Health and the Law, Lawrence O. Gostin, John T. Monahan, Mary C. DeBartolo, and Richard Horton
LBJ's Ghost: A Contextual Approach to Targeting Decisions and the Commander in Chief, James E. Baker
Less than the Sum of its Parts, Charles F. Abernathy
Letter of Appreciation: Peter Murphy Retires after a Lifetime of Dedication as Counsel to the Commandant of the Marine Corps, James E. Baker
Libertarian Patriarchalism: Nudges, Procedural Roadblocks, and Reproductive Choice, Govind Persad
Limiting What We Can Eat: A Bridge Too Far?, Lawrence O. Gostin
Looking for a Better Way: the Sanction Laws of Key U.S. Allies, Barry E. Carter
Mapping a Cultural Studies of Law, Naomi Mezey
Market Intermediation, Publicness, and Securities Class Actions, Hillary A. Sale and Robert B. Thompson
Middle East Respiratory Syndrome: A Global Health Challenge, Lawrence O. Gostin and Daniel Lucey
Middle East Respiratory Syndrome: A Global Health Challenge, Lawrence O. Gostin and Daniel Lucey
Natural Law as Professional Ethics: A Reading of Fuller, David Luban
Of Sheepdogs and Ventriloquists: Government Lawyers in Two New Deal Agencies, Daniel R. Ernst
On Petition for a Writ of Certiorari to The United States Court of Appeals for The Eighth Circuit, Brief of Law Professors Paul F. Rothstein, et. al., Office of the President v. Office of Independent Counsel, Paul F. Rothstein, Ronald J. Allen, Margaret A. Berger, William J. Bridge, Paul C. Giannelli, Stephen Gillers, Laird C. Kirkpatrick, David P. Leonard, Miguel A. Mendez, Roger C. Park, Myrna S. Raeder, John W. Reed, Mark Reutlinger, Leo M. Romero, Stephen A. Saltzburg, and Peter Tillers
On Petition for a Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit, Brief of the Federal Bar Association as Amicus Curiae, The Upjohn Company, et al. v. United States of America, et al., Thomas G. Lilly, Alfred F. Belcuore, Paul F. Rothstein, and Ronald L. Carlson
On Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit, Brief of Law Professors as Amici Curiae in Support of Respondent, Gregory P. Warger, v. Randy D. Shauers, Susan Crump, Bennett Gershman, Victor Gold, Paul F. Rothstein, and Ben Trachtenberg
On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit, Brief of Product Liability Advisory Council, Inc., National Association of Manufacturers, Business Roundtable, and Chemical Manufacturers Association as Amici Curiae in Support of Respondent, William Daubert and Joyce Daubert, Individually and as Guardians Ad Litem for Jason Daubert, and Anita De Young, Individually and as Gaurdian Ad Litem for Eric Schuller v. Merrell Dow Pharmaceuticals, Inc., Paul F. Rothstein, Victor E. Schwartz, Robert P. Charrow, Scott L. Winkelman, Edward C. Wu, Richard Duesenberg, David F. Zoll, Donald D. Evans, Jan S. Amundson, and Edward P. Good
Ordered Liberty and the Homeland Security Mission, James E. Baker
Orphaned Rules in the Administrative State: The Fairness Doctrine and Other Orphaned Progeny of Interactive Deregulation, Susan Low Bloch
Pluralism and its Perils: Navigating the Tension between Gay Rights and Religious Expression, Nan D. Hunter
Precipice Regulations and Perverse Incentives: Comparing Historic Preservation Designation and Endangered Species Listing, J. Peter Byrne
Preface: Academic Freedom and Legal Education, J. Peter Byrne
Priority-Setting, Cost-Effectiveness, and the Affordable Care Act, Govind Persad
Prison Abolition and Grounded Justice, Allegra M. McLeod
Process, Practice, and Principle: Teaching National Security Law and the Knowledge that Matters Most, James E. Baker
Protecting the Watchdog: Using the Freedom of Information Act to Preference the Press (Draft), Erin C. Carroll
Public Health Emergencies: What Counts?, Lawrence O. Gostin
Public Health Emergencies: What Counts?, Lawrence O. Gostin
Public health, universal health coverage, and Sustainable Development Goals: can they coexist?, Harald Schmidt, Lawrence O. Gostin, and Ezekiel Emanuel
Public health, universal health coverage, and Sustainable Development Goals: can they coexist?, Harald Schmidt, Lawrence O. Gostin, and Ezekiel Emanuel
Pursuing Justice in a Free Society: Part One-Power vs. Liberty, Randy E. Barnett
Pursuing Justice in a Free Society: Part Two-Crime Prevention and the Legal Order, Randy E. Barnett
Racial Insults and Free Speech Within the University, J. Peter Byrne
Reconceiving the Ninth Amendment, Randy E. Barnett
re Enumerated Constitutional Rights The Only Rights We Have? The Case of Associational Freedom, Randy E. Barnett
Regulating Human Gene Therapy, Judith C. Areen
Resolving the Dilemma of the Exclusionary Rule: An Application of Restitutive Principles of Justice, Randy E. Barnett
Restitution: A New Paradigm for Criminal Justice, Randy E. Barnett
[Review of] George Kaufman, The Lawyer’s Guide to Balancing Life and Work: Taking the Stress out of Success, Sherman L. Cohn
[Review of] Mark Perlmutter, Why Lawyers (and the Rest of Us) Lie & Engage in Other Repugnant Behavior, Sherman L. Cohn
Review of Reproductive Genetics and the Law, Judith C. Areen
[Review of] Richard A. Levine & George D. Horning, Jr., Manual of Federal Practice, Sherman L. Cohn
Revising the U.S. Vertical Merger Guidelines: Policy Issues and an Interim Guide for Practitioners, Steven C. Salop and Daniel P. Culley
Risks, Goals, and Pictographs: Lawyering to the Social Entrepreneur, Alicia E. Plerhoples
Rule 10b-5 and the Corporation’s Affirmative Duty to Disclose, Jeffrey D. Bauman
Russia’s Contract Arbitrage, Anna Gelpern
"Seg Academies," Taxes, and Judge Ginsburg, Stephen B. Cohen
Sexual Assaults Among University Students: Prevention, Support, and Justice, Rebecca B. Reingold and Lawrence O. Gostin
Sexual Assaults Among University Students: Prevention, Support, and Justice, Rebecca B. Reingold and Lawrence O. Gostin
Special Report - Federal Criminal Code Revision: Some Problems with Culpability Provisions, Paul F. Rothstein
Squaring Undisclosed Agency Law with Contract Theory, Randy E. Barnett
Strengthening the Detection of and Early Response to Public Health Emergencies: Lessons from the West African Ebola Epidemic, Mark J. Siedner, Lawrence O. Gostin, Hilarie Cranmer, and John D. Kraemer
Strengthening the Detection of and Early Response to Public Health Emergencies: Lessons from the West African Ebola Epidemic, Mark J. Siedner, Lawrence O. Gostin, Hilarie H. Cranmer, and John D. Kraemer
Substitute Arguments in Constitutional Law, Louis Michael Seidman
Supreme Court Institute Annual Report, 2014-2015, Georgetown University Law Center, Supreme Court Institute
Tapped Out: Threats to the Human Right to Water in the Urban United States, Georgetown Law Human Rights Institute, Jason Amirhadji, Leah Burcat, Samuel Halpert, Natalie Lam, David McAleer, Catherine Schur, Daniel Smith, and Erik Sperling
Tax Metamorphosis, Stephen B. Cohen
Ten Arguments for the Abolition of Regulatory Takings Doctrine, J. Peter Byrne
Terrorism Trials in Article III Courts, Laura K. Donohue
The Abiding Exceptionalism of Foreign Relations Doctrine, Carlos Manuel Vázquez
The Americans with Disabilities Act at 25: The Highest Expression of American Values, Lawrence O. Gostin
The Americans with Disabilities Act at 25: The Highest Expression of American Values, Lawrence O. Gostin
The Constitutional Duty of a National Security Lawyer in a Time of Terror, James E. Baker
The Constitution and Legislative History, Victoria Nourse
The Dawn of Social Intelligence (SOCINT), Laura K. Donohue
The Federal Reserve and A Cascade of Failures: Inequality, Cognitive Narrowness and Financial Network Theory, Emma Coleman Jordan
The HIV Positive Health Care Clinician: Rights, Obligations, and the Academy, Sherman L. Cohn
The Independent Counsel Law: End It, Don’t Mend It,, Susan Low Bloch
The International Health Regulations 10 Years On: The Governing Framework for Global Health Security, Lawrence O. Gostin, Mary C. DeBartolo, and Eric A. Friedman
The Judiciary and Education Reform: A Reassessment, Judith C. Areen
The Justice of Restitution, Randy E. Barnett
The Legal Significance of the Psychological Ability to Appreciate the “Other”, Paul F. Rothstein
The Master Mason: How Professor Baldus Built a Bridge from Learning to Law and the Legacy of Equal Justice He Leaves Behind, James E. Baker
The National Security Presidency in Constitutional Context: Reflections on Terrorism and the Presidency from the Last Ten Years, James E. Baker
The National Security Process and a Lawyer’s Duty: Remarks to the Senior Judge Advocate Symposium, James E. Baker
The New Federal Rules of Civil Procedure, Sherman L. Cohn
The Ninth Amendment and Constitutional Legitimacy: Foreword to the "Symposium on Interpreting the Ninth Amendment", Randy E. Barnett
The Normative Authority of the World Health Organization, Lawrence O. Gostin, Devi Sridhar, and Daniel Hougendobler
The Normative Authority of the World Health Organization, Lawrence O. Gostin, Devi Sridhar, and Daniel Hougendobler
The Organizational Client: Attorney-Client Privilege and the No-Contract Rule, Sherman L. Cohn
The Proposed Federal Rules of Appellate Procedure, Sherman L. Cohn
The Richness of Contract Theory, Randy E. Barnett
The Romantic Author and the Romance Writer: Resisting Gendered Concepts of Creativity, Rebecca Tushnet
The Sustainable Development Goals: One-Health in the World’s Development Agenda, Lawrence O. Gostin and Eric A. Friedman
The Trickle-Down War, Rosa Brooks
The Triumph of Gay Marriage and the Failure of Constitutional Law, Louis Michael Seidman
The Twenty Year Test: Principles for an Enduring Counterterrorism Legal Architecture, James E. Baker
The Work-Product Doctrine: Protection, Not Privilege, Sherman L. Cohn
Thurgood Marshall: Tax Lawyer, Stephen B. Cohen
Time-Mindedness and Jurisprudence, David Luban
Transforming Aggressive Prosecution Policies: Prioritizing Victims’ Long-Term Safety in the Prosecution of Domestic Violence Cases, Deborah Epstein, Margret E. Bell, and Lisa A. Goodman
Two Conceptions of the Ninth Amendment, Randy E. Barnett
Two Excursions into Current U.S. Supreme Court Opinion-Writing, Paul F. Rothstein
Two Excursions Into Current U.S. Supreme Court Opinion-Writing, Paul F. Rothstein
Under Fire: The New Consensus on the Second Amendment, Randy E. Barnett
Vertical Merger Enforcement Actions: 1994–2015, Steven C. Salop and Daniel P. Culley
What If Fiduciary Obligations Are Like Contractual Ones?, Gregory Klass
What’s International Law Got to Do With It? Transnational Law and the Intelligence Mission, James E. Baker
What We Talk About When We Talk About Property Rights - A Response to Carol M. Rose’s ‘Property as the Keystone Right?’, J. Peter Byrne
When Lawyers Advise Presidents in Wartime: Kosovo and the Law of Armed Conflict, James E. Baker
Why Healthy Behavior Is the Hard Choice, Lawrence O. Gostin
Why Healthy Behavior Is the Hard Choice, Lawrence O. Gostin
Why We Need Legal Philosophy, Randy E. Barnett