Category: Law Rev (Georgetown)


Georgetown Law Journal, Issue 99.2 (January 2011)



How International Financial Law Works (and How It Doesn’t)

Chris Brummer

The Origins of the Privileges or Immunities Clause, Part II: John Bingham and the Second Draft of the Fourteenth Amendment

Kurt T. Lash

In Defense of Bailouts

Adam J. Levitin

Explaining Plurality Decisions

James F. Spriggs II & David R. Stras


The Barracuda Lacuna: Music, Political Campaigns, and the First Amendment

Sarah Schacter

Don’t Tell Mom the Babysitter’s Dead: Arguments for a Federal Parent–Child Privilege and a Proposal To Amend Article V

Catherine Chiantella Stern

Masters of Their Own Eminent Domain: The Case for a Reliance Interest Associated with Economic Development Takings

David S. Yellin


Georgetown Law Journal, Issue 99.1 (November 2010)



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

The Indeterminacy of Iqbal

David L. Noll


“Choosing (and Recusing) Our State Court Justices Wisely”: Keynote Remarks by Justice O’Connor

Honorable Sandra Day O’Connor

Remarks by Justice Souter

Honorable David Souter


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

Shop ’til You Drop: Implementing Federal Rules of Patent Litigation Procedure To Wear Out Forum Shopping Patent Plaintiffs

Megan Woodhouse


Georgetown Law Journal, Issue 98.4 (April 2010)



Coasean Blind Spots: Charting the Incomplete Institutionalism

Gregg P. Macey


Post-racialism in the Inner City: Structure and Culture in Lawyering

Anthony V. Alfieri

A Post-race Equal Protection?

Mario L. Barnes, Erwin Chemerinsky, Trina Jones

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

Kevin R. Johnson

Another Hair Piece: Exploring New Strands of Analysis Under Title VII

Angela Onwuachi-Willig

Disparate Impact

Girardeau A. Spann


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


Georgetown Law Journal, Issue 98.3 (March 2010)



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


Bringing Real Choice to the Housing Choice Voucher Program: Addressing Voucher Discrimination under the Federal Fair Housing Act

Tamica H. Daniel

The Avena Act: An Option To Induce State Implementation of Consular Notification Rights After Medellín

Edward W. Duffy

Giving Birth to a “Rapist’s Child”: A Discussion and Analysis of the Limited Legal Protections Afforded to Women Who Become Mothers Through Rape

Shauna R. Prewitt


The Georgetown Law Journal 2010 Symposium: Post-racialism in American Law and Lawyering

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.

Friday, March 26, 2010, 9:30 a.m. – 2:00 p.m.

Georgetown University Law Center
McDonough Hall, Room 203
600 New Jersey Avenue, NW
Washington, D.C. 20001

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.


Georgetown Law Journal, Issue 98.2 (January 2010)



Regulating Bankers’ Pay

Lucian A. Bebchuk & Holger Spamann

Saving Up for Bankruptcy

Ronald J. Mann & Katherine Porter

Codified Canons and the Common Law of Interpretation

Jacob Scott


Constitutional Law and International Law: National Exceptionalism and the Democratic Deficit?

The Hon. Michael Kirby AC CMG


Nonincorporation of the Establishment Clause: Satisfying the Demands of Equality, Pluralism, and Originalism

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


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