Faculty Working Papers featured scholarship produced by faculty of the Georgetown Law Center between 2006 and 2012. Prepublication drafts of articles were made available to advance new ideas and encourage professional dialogue relating to a range of contemporary legal and law-related topics. Working papers are now available on the Georgetown Law Faculty Publications and Other Works collection.
Submissions from 2012
Beyond FATCA: An Evolutionary Moment for the International Tax System, Itai Grinberg
Insuring Maritime Trade with the Enemy in the Napoleonic Era, Su Jin Kim and James Oldham
Lies Without Liars? Janus Capital and Conservative Securities Jurisprudence, Donald C. Langevoort
vGUPPI: Scoring Unilateral Pricing Incentives in Vertical Mergers, Serge Moresi and Steven C. Salop
Only Eleven Shillings: Abusing Public Justice in England in the Late Eighteenth Century, James Oldham
On Constitutional Disobedience, Louis Michael Seidman
The Paranoid Style in Regulatory Reform, Jodi Short
Worth a Thousand Words: The Images of Copyright Law, Rebecca Tushnet
Submissions from 2011
Inequality and the Deficit, Stephen B. Cohen
Getting (Too) Comfortable: In-house Lawyers, Enterprise Risk and the Financial Crisis, Donald C. Langevoort
War as Punishment, David Luban
Market Makers and Vampire Squid: Regulating Securities Markets After the Financial Meltdown, Robert B. Thompson
Book Review: Paul Kahn, Political Theology: Four New Chapters on the Concept of Sovereignty, Adam Thurschwell
Submissions from 2010
The Russian Anti-Corruption Campaign: Public Relations, Politics or Substantive Change?, Ethan S. Burger and Rosalia Gitau
La cession de contrôle en droit international privé [Conflict-of-law Rules in Conflict and Competition with Substantive Law Rules: The Case of Corporate Acquisitions], Anne-Julie Kerhuel
La place du droit international privé dans la construction européenne [What Place For Conflict-Of-Law Rules In The Construction of European Community Law?], Anne-Julie Kerhuel
Mesurer Le Droit a L’Aune De La Sécurité Juridique [Measuring the Law: Legal Certainty as a Watermark], Anne-Julie Kerhuel and Arnaud Raynouard
Acontextual Judicial Review, Louis Michael Seidman
Hyper-Incarceration and Strategies of Disruption: Is There a Way Out?, Louis Michael Seidman
Our Unsettled Ninth Amendment: An Essay on Unenumerated Rights and the Impossibility of Textualism, Louis Michael Seidman
Allocating the Roles for Contracts and Judges in the Closely Held Firm, Robert B. Thompson
The Case for Iterative Statutory Reform: Appraisal and the Model Act, Robert B. Thompson
The Short But Interesting Life of Good Faith as an Independent Liability Rule, Robert B. Thompson
Submissions from 2009
Lawyers, Bureaucratic Autonomy, and Securities Regulation During the New Deal, Daniel R. Ernst
Pierson v. Post: The New Learning, Daniel R. Ernst
Does the Wall Still Stand? The Implications of Transhumanism for the Separation of Church and State, Steven Goldberg
The Consistency of the EU Renewable Energy Directive with the WTO Agreements, Andrew D. Mitchell and Christopher Tran
Treaties as Law of the Land: The Supremacy Clause and the Judicial Enforcement of Treaties, Carlos Manuel Vázquez
The Stigma of Conviction: Coram Nobis, Civil Disabilities, and the Right to Clear One’s Name, David Wolitz
Submissions from 2008
Hallowed Ground: The Gettysburg Battlefield in Historic Preservation Law, J. Peter Byrne
The Ideal and the Actual in the State: Willard Hurst at the Board of Economic Warfare, Daniel R. Ernst
Bleached Faith: The Tragic Cost When Religion is Forced Into the Public Square (Stanford University Press 2008), Steven Goldberg
The Surprisingly Stronger Case for the Legality of the NSA Surveillance Program: The FDR Precedent, Neal K. Katyal and Richard Caplan
Regulating Information in Contractual Relationships, Gregory Klass
Three Pictures of Contract: Short Version, Gregory Klass
The SEC, Retail Investors, and the Institutionalization of the Securities Markets, Donald C. Langevoort
U.S. Securities Regulation and Global Competition, Donald C. Langevoort
The Commander In Chief At The Lowest Ebb — A Constitutional History, Martin S. Lederman and David Jeremiah Barron
The Commander In Chief At The Lowest Ebb — Framing The Problem, Doctrine, And Original Understanding, Martin S. Lederman and David Jeremiah Barron
Resolving the Foreclosure Crisis: Modification of Mortgages in Bankruptcy, Adam J. Levitin
The Effect of Bankruptcy Strip-Down on Mortgage Interest Rates: Summary of Initial Findings, Adam J. Levitin and Joshua Goodman
Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law, David Luban
Unthinking the Ticking Bomb, David Luban
An Overview of the “Tax Gap”, Dave Rifkin
Comments on Swift and Slobogin: Mental State Evidence, Paul F. Rothstein
Entrapment and the “Free Market” for Crime, Louis Michael Seidman
Powell’s Choice: The Law and Morality of Speech, Silence, and Resignation by High Government Officials, Louis Michael Seidman
The Dale Problem: Property and Speech Under the Regulatory State, Louis Michael Seidman
Power Without Responsibility: Intermediaries and the First Amendment, Rebecca Tushnet
User-Generated Discontent: Transformation in Practice, Rebecca Tushnet
Ennobling Politics, Robin West
Literature, Culture, and Law -- at Duke University, Robin West
Sex, Law and Consent, Robin West
Submissions from 2007
Three Federalisms , Randy E. Barnett
Why Prison Instead of Preschool?, James Forman Jr.
Why Care About the Polar Bear? Economic Analysis of Natural Resources Law and Policy , Lisa Heinzerling
Student Services in the 21st Century: Evolution and Innovation in Discovering Student Needs, Teaching Information Literacy, and Designing Library 2.0-Based Services, Kumar Percy Jayasuriya
Basic at Twenty : Rethinking Fraud-on-the-Market, Donald C. Langevoort
Priceless? The Competitive Costs of Credit Card Merchant Restraints, Adam J. Levitin
Moral Cognition and Computational Theory , John Mikhail
The Free Exercise of Religion: An American Perspective, John Mikhail
Gay Sex and Marriage, the Reciprocal Disadvantage Problem, and the Crisis in Liberal Constitutional Theory, Louis Michael Seidman
Submissions from 2006
Assessing The Impeachment Of President Bill Clinton From A Post 9/11 Perspective, Susan Low Bloch
9/11 + 3/11 + 7/7 = ? What Counts in Counterterrorism , Jonathan H. Marks