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Faculty Blog Aggregator

Many Georgetown Law faculty members contribute to blogs on diverse legal topics. Following are the most recent posts automatically combined from several blog sources.

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Dark Place

Mike Frisch, May 25, 2018

The New Hampshire Supreme Court has disbarred a former prosecutor who violated disciplinary probation by continuing to use illegal drugs. The Union Leader had this story in March 2017 Finding himself on the other side of the law has been...…
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Deitch on Retributivism & the Conjoined Twins Problem

Lawrence Solum, May 25, 2018

Brittany Deitch (Harvard Law School) has posted Retributivist Theories' Conjoined Twins Problems (University of Cincinnati Law Review, Vol. 87, 2019) on SSRN. Here is the abstract: This Article expands a previously published article, which introduced a…
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Kearley on Early 20th-Century Roman Law Translations

Dan Ernst, May 25, 2018

Timothy G. Kearley, University of Wyoming College of Law, has posted Roman Law Scholarship and Translation in Early Twentieth-Century America:This article provides an overview of the book Lost in Translations, which examines the lives and work of five…
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Ax Threat Draws Disbarment

Mike Frisch, May 25, 2018

The Indiana Supreme Court has disbarred an attorney who had defaulted on these charges During a phone conversation between Respondent and his estranged wife on May 29, 2015, Respondent threatened that he “was going to split [her] chest open with...…
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Mirow on the Expansion of Spanish Law

Dan Ernst, May 25, 2018

M. C. Mirow, Florida International University College of Law, has posted Spanish Law and Its Expansion, which is forthcoming in the Oxford Handbook of European Legal History, ed. Heikki Pihlajamaki, Markus D. Dubber, and Mark Godfrey (Oxford: Oxford…
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"Mick Mulvaney Is Having a Blast Running the Agency He Detests"

Brian Wolfman, May 25, 2018

That's the name of this article by Devin Leonard and Elizabeth Dexheimer. A key passage sets out what Mulvaney has done already and his vision for the agency: Six months into his tenure, Mulvaney is doing everything he can to...…
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Will higher gas prices wipe out the middle-class gains, if any, from the tax cut? And is that Trump's fault?

Brian Wolfman, May 25, 2018

Ben White at Politico has written this piece on surging gas prices and whether the cost to consumers is gobbling up gains, if any, to the middle class from the tax cut. Here's an excerpt: President Donald Trump is hoping...…
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Illinois Court Bar Sanctions Announced

Mike Frisch, May 25, 2018

The Illinois Supreme Court ordered discipline in several bar matters yesterday. Highlights from the announced orders Mr. Baldwin, who was licensed in 1994, was suspended for two years and until further order of the Court. While acting as a…
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Newhouse on Kant on Juridical Law as Categorical Imperative

Lawrence Solum, May 25, 2018

M.E. Newhouse (University of Surrey School of Law) has posted Juridical Law as a Categorical Imperative (in Ruhi Demiray & Alice Pinheiro Walla (eds), Reason, Rights and Law: New Essays on Kantian Philosophy, (University of Wales Press 2018), Forthcoming)…
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Wasserman on Police Misconduct & Video Recording

Lawrence Solum, May 25, 2018

Howard Wasserman (Florida International University (FIU) - College of Law) has posted Police Misconduct, Video Recording, and Procedural Barriers to Rights Enforcement (96 N.C. L. Rev. 1313 (2018)) on SSRN. Here is the abstract: The story of police reform…
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Sen on School Choice & Students with Disabilities

Lawrence Solum, May 25, 2018

Amanda Sen (New York University School of Law) has posted Limited Choices: School Choice and the Rights of Students with Disabilities on SSRN. Here is the abstract: While there is no absolute right to education in the Constitution of the...…
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OCC Payday Lending Bulletin

Adam Levitin, May 25, 2018

The Office of Comptroller of the Currency put out a Bulletin this week encouraging banks to make short-term small-dollar installment loans to their customers—basically bank payday loans. The OCC seems to envision 2-12 month amortizing, level-payment loans,…
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Tang on School Vouchers & Supreme Court Special Education Caselaw

Lawrence Solum, May 24, 2018

Aaron Tang (University of California, Davis - School of Law) has posted School Vouchers, Special Education, and the Supreme Court (University of Pennsylvania Law Review, Forthcoming) on SSRN. Here is the abstract: Among all of the contentious debates in…
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Fake News

Mike Frisch, May 24, 2018

The Oregon Supreme Court rejected a split trial panel decision favoring disbarment and imposed a public reprimand for a Rule 4 .3 violation. In two separate lawyer discipline matters, the Oregon State Bar charged respondent with violating various Rules…
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Mental Health Mitigation Not Accepted In Intentional Misappropriation

Mike Frisch, May 24, 2018

The Oregon Supreme Court has disbarred an attorney for intentional misappropriation. Although this court has repeatedly imposed disbarment as the presumptive sanction for a lawyer who converts client funds, the trial panel determined that mitigating…
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Mulligan & Bamberger on Governance by Design

Lawrence Solum, May 24, 2018

Deirdre K. Mulligan (University of California, Berkeley - School of Information) & Kenneth A. Bamberger (University of California, Berkeley - School of Law) have posted Saving Governance-by-Design (106 California Law Review 697 (2018)) on SSRN. Here is the…
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Sanction Reduced For Bankruptcy Court Disbarment

Mike Frisch, May 24, 2018

Reciprocal discipline of a three-month suspension with fitness has been imposed by the New York Appellate Division for the First Judicial Department Respondent's misconduct before the bankruptcy court stemmed in large part from the unusual organizational…
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Lindsay on "Invasion" in Nativist Thought

Dan Ernst, May 24, 2018

Matthew J. Lindsay, University of Baltimore School of Law, has posted The Perpetual “Invasion”:  Past as Prologue in Constitutional Immigration Law, which is forthcoming in Roger Williams University Law Review 23 (2018): 369-392Donald Trump ascended…
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Disbarment For Jailhouse Sex

Mike Frisch, May 24, 2018

The Florida Supreme Court has ordered an attorney's disbarment, rejecting a referee's proposed 18-month suspension for sex with incarcerated clients In reviewing a referee’s recommendation as to discipline, the Court’s scope of review is broader than that…
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Bailey on Anger, Silencing, & Epistemic Injustice

Lawrence Solum, May 24, 2018

Alison Bailey (Illinois State University, College of Arts and Sciences - Philosophy Department) has posted On Anger, Silence, and Epistemic Injustice (Forthcoming in: Philosophy) on SSRN. Here is the abstract: If anger is the emotion of injustice, and if…
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Zinos on Fundamental Rights in Early American Case Law

Dan Ernst, May 24, 2018

Nicholas Zinos, Mitchell Hamline School of Law, has posted Fundamental Rights in Early American Case Law: 1789-1859, which is forthcoming in volume 7 of the British Journal of American Legal Studies:Fundamental Rights Law is a ubiquitous feature of modern…
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5th Circuit requires use as a mark, but finds Krusty Krab restaurant in SpongeBob qualifies

Rebecca Tushnet, May 24, 2018

Viacom Int’l, Inc. v. IJR Capital Investments, L.L.C., No. 17-20334 (5th Cir. May 22, 2018)The Fifth Circuit here adopts a “use as a mark” requirement, though not a very vigorous one, indicating once again that the concept is too useful to abandon, however…
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Collin's "Regulated Self-Regulation" in Germany

Dan Ernst, May 24, 2018

Peter Collin, Max Planck Institute for European Legal History, has posted all 781 pages of Regulated Self-Regulation from a Legal Historical Perspective: Studies and Sources, published auf Deustch as a Max Planck Institute for European Legal History…
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Past As Prologue

Mike Frisch, May 24, 2018

The Wisconsin Supreme Court has rejected a favorable recommendation and denied reinstatement to a petitioner whose license had been revoked When reviewing referee reports in reinstatement proceedings, we utilize standards of review similar to those we use…
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Barzun on Legal Pragmatism

Lawrence Solum, May 24, 2018

Charles L. Barzun (University of Virginia School of Law) has posted Three Forms of Legal Pragmatism (Washington University Law Review, Vol. 95, No. 5, 2018) on SSRN. Here is the abstract: The term “Legal Pragmatism” has been used so often...…
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