Author: Georgetown Law Journal


“A Vain and Idle Enactment”: Could McDonald v. Chicago Un-Slaughter the Privileges or Immunities Clause?

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.


Georgetown Law Journal, Issue 98.1 (November 2009)



Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases

Tonja Jacobi & Matthew Sag

A Pragmatic Defense of Contract Law

Nathan B. Oman


Georgetown Law Journal, Issue 97.5 (June 2009)



(Still) Not Fit To Be Named: Moving Beyond Race To Explain Why ‘Separate’ Nomenclature for Gay and Straight Relationships Will Never Be ‘Equal’

Courtney Megan Cahill

A Voice-Based Framework for Evaluating Claims of Minority Shareholder Oppression in the Close Corporation

Benjamin Means


Georgetown Law Journal, Issue 97.4 (April 2009)


Georgetown Law Journal, Issue 97.4 (April 2009)


Government as Educator: A New Understanding of First Amendment Protection of Academic Freedom and Governance

Judith Areen

Torture Nation, Torture Law

John T. Parry

Symbolic Expression and the Original Meaning of the First Amendment

Eugene Volokh


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


Georgetown Law Journal, Issue 97.3 (March 2009)


Georgetown Law Journal, Issue 97.3 (March 2009)


Selling Originalism

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


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


Georgetown Law Journal, Issue 97.2 (January 2009)


Georgetown Law Journal, Issue 97.2 (January 2009)


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


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


Georgetown Law Journal, Issue 97.1 (November 2008)


Georgetown Law Journal, Issue 97.1 (November 2008)


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


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


Georgetown Law Journal, Issue 96.6 (August 2008)


Georgetown Law Journal, Issue 96.6 (August 2008)


The Judgment Power

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


“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


Georgetown Law Journal, Issue 96.5 (June 2008)


Georgetown Law Journal, Issue 96.5 (June 2008)


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


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


Georgetown Law Journal, Issue 96.4 (April 2008)


Georgetown Law Journal, Issue 96.4 (April 2008)


The Continuum of Deference: Supreme Court Treatment of Agency Statutory Interpretations from Chevron to Hamdan

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


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.