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GEORGETOWN JOURNAL OF LAW & PUBLIC POLICY The Georgetown Journal of Law & Public Policy holds copyright in all articles except when otherwise expressly indicated. For all articles in which it holds copyright, the Georgetown Journal of Law & Public Policy permits copies to be made for classroom use, under the following provisions: (1) the user notifies the Office of Journal Administration of having made such copies, (2) the author and the Georgetown Journal of Law & Public Policy are identified, and (3) the proper notice of copyright is affixed to each copy. Except when otherwise expressly provided, the copyright holder for every article for which the Georgetown Journal of Law & Public Policy does not hold copyright grants permission for copies of that article for classroom use, provided that the user notifies the author and the Office of Journal Administration of having made such copies, the author and the Georgetown Journal of Law & Public Policy are identified, and the proper notice of copyright is affixed to each copy. For reprint permission for purposes other than classroom use, please write to: Office of Journal Administration, Georgetown University Law Center, 600 New Jersey Avenue, NW, Washington, DC 20001, or send fax to (202) 662-9491. Please allow at least one business week for processing. Below is a list of tables of contents for each issue of the Georgetown Journal of Law & Public Policy. For a list of issues currently in production, please scroll to the bottom of this page or click here.
VOLUME 5, NUMBER 1 (WINTER 2007) Focus on the Voting Rights Act Good Intentions and Bad Social Science Meet in the Renewal of the Voting Rights Act, Charles S. Bullock, III and Ronald Keith Gaddie Reauthorization of the Voting Rights Act: How Politics and Symbolism Failed America, Carol M. Swain Section 5 of the Voting Rights Act: By Now, a Murky Mess, Abigail Thernstrom Articles Of the People, By the People, For the People: The Role of Special Grand Juries in Investigating Wrongdoing by Public Officials, Michael F. Buchwald America’s Professional Military Ethic and the Treatment of Captured Enemy Combatants in the Global War on Terror, Richard D. Rosen The Consequences when Churches Participate in Political Campaigns, Allan J. Samansky Notes “In Your FACE”: Congressional Encroachment under the Commerce Clause, John P. Alexander The Rehnquist Court’s Proper Restoration of the State Sovereign Immunity, John Corcoran Scaling the Wall: Faith-based Prison Programs and the Establishment Clause, Tim Eicher Accounting for the PCAOB, Charles Kooyman Of Fakes and Frauds: An Analysis of Native American Intangible Cultural Property, Kelly Mauceri No One Too Poor to Weather the Storm – A Critique of Existing Welfare Policy, Micala R. Proesch
VOLUME 4, NUMBER 2 (SPRING 2006) Articles Mind The Gap: The Missing Standard of Review Under the Second Amendment (and Where to Find It), Christopher A. Chrisman Explanation, Human Nature and Tort Theory, Jeffery L. Johnson Conforming to The Rule of Law: When Person and Human Being Finally Mean the Same Thing in Fourteenth Amendment Jurisprudence, Charles I. Lugosi Notes Synchronizing Colombian Narcoterrorism Policy with the War on Terror: The Legality of Military Deployment by the United States and the Organization of American States, Frank Walsh Inward v. Outward: The Limits of Presidential War Powers in the Domestic Sphere, Heather J. Enlow Perceiving the “Other” Orientation: A Foundation on Which to Build, Sarah Kohrs A Lesson from Germany on How the United States Could Reform its Laws on Dismissal, Lindsay B. Jackson © = non-© + non-©? Clarifying Copyrightability in Databases, Peter Martino South Dakota v. Dole: The Federalist Revolution Undermined and States Coerced, Richard Oliver
VOLUME 4, NUMBER 1 (WINTER 2006) Address Senator Frist to President George W. Bush: The Constitutional Option to Filibuster, Senator Bill Frist Symposium DaimlerChrysler v. Cuno and the Constitutionality of State Tax Incentives for Economic Development, Georgetown Journal of Law and Public Policy 2006 Symposium Articles Enforcing Individual Rights in an Industrial World: Legal Rules and Economic Consequences, Adam Clanton One Test, Two Standards: The On-and-Off Role of “Plausibility” in Rational Basis Review, Clark Neily Notes Full and Fair Elections: Political Party Representatives and State Law, Karen Blackistone Civilian Control of the Military: Accountability for Military Contractors Supporting the U.S. Armed Forces Overseas, Robin M. Donnelly How Not to Create a Reporters’ Privilege: New York Times Co. v. Gonzales and the Frustration of Congressional Intent, Adam J. Kwiatkowski
VOLUME 3, NUMBER 2 (SUMMER 2005) Address Lifetime Service Award Address, Theodore B. Olson Articles Freedom to be a Church: Confronting Challenges to the Right of Church Autonomy, Mark E. Chopko and Michael F. Moses Balancing Acts: Intending Good and Foreseeing Harm—The Principle Of Double Effect in the Law of Negligence, Edward C. Lyons Race-Based Affirmative Action Admissions Policies:Why University of Michigan Supporters Were Wrong, Robert Cherry Assessing and Responding to Same-Sex “Marriage” in Light of Natural Law, Eric Reid Notes The Warrior Returns: Struggling to Address Criminal Behavior by Veterans with PTSD, Constantina Aprilakis One Man’s Trash is Another Man’s Treasure: Increasing Patient Autonomy Through a Limited Self-Intellectual Property Right, MaryJoy Ballantyne Due Process in Statutory Damages, Blaine Evanson The Wisdom of Solomon? Splitting the First Amendment Baby in Forum for Academic & Institutional Rights v. Rumsfeld, Joseph O. Larkin Broadband Gladiators Fostering Competition Between DSL and Cable Internet Through Mutual Deregulation, Orian J. Lee The ANGEL Act: A Proposal to Encourage Organ Donation After Death, J. Alex Little
VOLUME 3, NUMBER 1 (WINTER 2005) ADDRESS “Divided America” and the American Constitutional Tradition, The Honorable Kenneth W. Starr ARTICLES The Genius of the Constitution: The Preamble and the War on Terror, C. Dean McGrath, Jr. Moving Toward the Fully Informed Civil Jury, Steven B. Hantler, Victor E. Schwartz, Cary Silverman and Emily J. Laird Natural Selection or Natural Law: A Reconsideration of the Jurisprudence of Oliver Wendell Holmes, James W. Springer Can I Sue Without Being Injured?: Why the Benefit of the Bargain Theory for Product Liability is Bad Law and Bad Economics, Moin A. Yahya Exemptions for “Religious Corporations” from Employment Discrimination Statutes: Should Non-Profit Status be Required?, Andrew C. Nichols Federal Funding for the Preservation of Religious Historic Places: Old North Church and the New Establishment Clause, Christen A. Sproule The Diminishing Sphere of Political Speech: Implications of an Overbearing Democracy, Cecil C. Kuhne III INTERVIEW AND COMMENTARY Lighting a FIRE on College Campuses: An Inside Perspective on Free Speech, Public Policy and Higher Education, Clay Calvert and Robert D. Richards NOTES Original Intent and the Ten Commandments: Giving Coherency to Ten Commandments Jurisprudence, Adam C. Calinger Promoting the General Welfare: After Nearly Thirty Years of Influence, has the Mount Laurel Doctrine Changed the way New Jersey Citizens Live?, Robin Leone Balancing the Scales of Due Process: Material Support of Terrorism and the Fifth Amendment, Jonathan D. Stewart Following the Flag: The Application of the Fifth Amendment Self-Incrimination Clause and the Miranda Warnings to Overseas Confessions, Catherine L. Guzelian Securing Steady, Upright and Impartial Administration of the Laws: the Federalist-Based Imperative for Class Action Reform, John Stevens VOLUME 2, NUMBER 2 (SUMMER 2004) Address The Case for Civil Justice Reform, The Honorable Dick Thornburgh Articles USA Patriot Act and Progeny Threaten the Very Foundation of Freedom, The Honorable Bob Barr How the USA Patriot Act Defends Democracy, Viet D. Dinh Religion, Morality and Democracy: New Learning, New Challenges, George W. Dent, Jr. How Law Can Reinvigorate a Robust Vision of Marriage and Rival Its Post-Modern Competitor, Katherine Shaw Spaht The “Whithering Away” of Marriage: Some Lessons from the Bolshevik Family Law Reforms, 1917-1926, Lynn D. Wardle The Clash of Rival and Incompatible Philosophical Traditions Within Constitutional Interpretation: Originalism and the Aristotelian Tradition, Lee J. Strang The New Originalism, Keith E. Whittington Bush v. Gore from Behind a Veil of Ignorance: Why the Result of Election 2000 Was Ethical (and Legal Too), Jason C. Glahn Notes Good Government and the Happiness of Mankind: A Case Study in the Libertarian/Social Conservative Debate over Morals Legislation, Scott Croft I’ll Have What She’s Having: An Examination of the Standards and Policy Impact of Title VII Class Action Lawsuits Alleging Discrimination in Private Sector Employment, Michael J. Guzniczak Mandatory Self-Rating or Zoning: Which Way to Empower Parents, Keith Weidner The National Security Strategy and Just War Theory, Jacob Knepper Stogner v. California: The Intersection of Statute of Limitations, Child Molestation and the Ex Post Facto Law, Kent D. Krabill Does Jurisdiction Matter to the Tenth Circuit? Utahns for Better Transportation v. United States Department of Transportation, Bronson D. Bills
VOLUME 2, NUMBER 1 (WINTER 2004) ADDRESS Federalism and the Enforcement of Antitrust Laws by State Attorneys General, The Honorable Richard A. Posner SYMPOSIUM Security, Technology and Individual Rights: The Convergence of Our History, Our Ideals and Our Innovative Spirit, Georgetown Journal of Law & Public Policy 2003 Symposium ARTICLES Habeas Corpus and the Safeguards of Federalism, J. Richard Broughton Proposals for Implementing the Terrorist Information Awareness System, Paul S. Rosenzweig Rio + 10 and the World Summit on Sustainable Development: Why Human Beings Are at the Center of Concerns, Rev. Robert John Araujo, S.J. The Term the Constitution Died, Michael S. Greve BOOK REVIEWS Book Review, Common-Law Liberty: Rethinking American Constitutionalism, Peter J. Richards Black Culture and Black Conservative Thought: Toward an Anthology, Roger Clegg NOTES The Mythical Wall of Separation, Zachary N. Somers Keeping Dietary Supplements Slim and Fit, Thomas Valuck Have the United States Outlived the Need for Medical Licensure, Gregory Dolin Board of Education v. Earls: Has the Supreme Court Gone Too Far On Student Drug Testing, Courtney Donovan Autonomy Not Aesthetics, Eric Yun VOLUME 1, NUMBER 2 (SUMMER 2003) ARTICLE Filling Judicial Vacancies and Strengthening the Separation of Powers Through the Appointments Clause: A Legislative Proposal, Paul Taylor SYMPOSIUM Faith Under Democracy: What Have Religious Believers Gained? What Have They Lost?, The Federalist Society BOOK REVIEW Rule of Lawyers or Rule of Law? Douglas G. Smith ESSAY A Matter of Life and Death: A Very Personal Discourse, Kam C. Wong NOTES The Dog of War as a Puppy: The Constitutional Power to Initiate Hostilities as Answered by the Framing, Jeffrey D. Jackson Who Lets the Dogs Out?: A Look at Executive Authority to Wage War Without Prior Legislative Acquiescence, Justin Pierce Your Reason Isn’t Reasonable: An Analysis of the Legitimacy of Faith-Based Arguments in the Public Debate, Christian M.L. Bonat Principled Negotiating: Breeding Success and Protecting Public Interests Behind Closed Doors, Mindy Barry Universal City Studios v. Reimerdes: The Best Balance for Copyright Law, Joshua Panas Comment, Lee v. Kemna: A Model for Ends-Justify-the-Means Jurisprudence, Brian McMahon Capital Punishment and the Risk of Keeping Murderers Alive, John A. Litwinski When New Laws Change Old Contracts: A Public Choice Perspective on Congressional Breach of Contract, Jonathan A. Silver A Necessary Response: The Lack of Domestic and International Constraints Upon a U.S. Nuclear Response to a Terrorist Attack, Michael J. Garcia VOLUME 1, NUMBER 1 (WINTER 2002) SPEECH Keynote Address to the Federalist Society: Revisiting the Philadelphia Plan, Judge Laurence Silberman ARTICLES A Theory of Merit, John Lawrence Hill The Development of Property Rights in America and the Property Rights Movement, Steven J. Eagle NOTES Congress’s Response to September 11: Liberty’s Protector, Stephen D. Lobaugh Out of Control?: Congressional Power to Shape Judicial Review of New Legislation, Joshua Panas The Senate’s New Battlefield: The Role of Ideology in Supreme Court Confirmation Hearings, Taylor McConkie Taxicab Economics: The Freedom to Contract for a Ride, Lee A. Harris INAUGURAL ISSUE (FALL 2002) INTRODUCTION FOREWORD, Assistant Attorney General Viet D. Dinh SYMPOSIUM:
THE ELEVENTH AMENDMENT, FEDERALISM, A Brief Comment on the Current Eleventh Amendment Jurisprudence of the Supreme Court, Richard H. Seamon Waiver of Sovereign Immunity in the “Plan of the Convention”, James E. Pfander A Seminole Dissent?, John C. Eastman Does State Immunity Go Without Saying?, Gordon Young The Role of the Supreme Court in Preserving Federalism, Michael I. Krauss The Two Faces of Federalism, Hon. Maura D. Corrigan The Role of the Judiciary in Preserving Federalism, Jonathan H. Adler Preventing Externalities: The Appropriate Role of Federal Power and State Cooperation, David McIntosh In Defense of Principled Judicial Activism, Clint Bolick Taking Lessons from the Left?: Judicial Activism on the Right, Stephen F. Smith Conservative or Constitutionalist?, Gary Lawson Beyond Judicial Activism and Restraint, Richard A. Epstein Judicial Activism in the Regulatory Takings Opinions of Justice Scalia, J. Peter Byrne Takings Law: Do We Really Want More Judicial Intervention in State Land Use Regulation?, Hon. Randall T. Shepard Helping Those Who Can Help Themselves, Charles Tiefer This Activist Court, Louise Weinberg Property Rights and Judicial Activism, James W. Ely, Jr. Takings Clause Jurisprudence: Muddled, Perhaps; Judicial Activism, No, Hon. Diarmuid F. O’Scannlain The Wages of Crying Wolf Revisited, Ronald J. Krotoszynski, Jr. Lincoln, Marshall, and the Judicial Role, David F. Forte NOTES Kyllo: As Libertarian Defense Against Orwellian Enforcement, Paul St. Lawrence Liberty v. Safety: Internet Privacy After September 11, Lisa M. Kaas Maximizing the Return On Workforce Investment, Keir Bancroft Issues currently in production: For more information, contact Brett Marston at the Office of Journal Administration.
Revised February 26, 2007 (BEM) |
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