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Scroll down for tables of contents from recent and current issues of the Georgetown Law Journal. For information on the Annual Review of Criminal Procedure, please see the Office of Continuing Legal Education's page, here. For a list of issues currently in production, please scroll to the bottom of the page or click here.
VOLUME 94, ISSUE 4 (APRIL 2006) Articles A Capital Lock-In Theory of the Corporate Income Tax, by Steven A. Bank Congressional Power and State Court Jurisdiction, by Anthony J. Bellia Jr. Public Rights, Private Rights, and Statutory Retroactivity, by Ann Woolhandler Essays Congestion Externalities and Extended Copyright Protection, by Dennis S. Karjala The Information Privacy Law Project, by Neil M. Richards Review Essay Is Forum Shopping Corrupting America’s Bankruptcy Courts?, by Todd J. Zywicki Book Review Icarus on Steroids, by Cynthia A. Williams Note "Drowned in Advertising Chatter": The Case for Regulating Ad Time on Television, by Matt Getz
VOLUME 94, ISSUE 3 (MARCH 2006) Articles Congressional Descent: The Demise of Deliberative Democracy in Environmental Lawx, by Richard J. Lazarus CComparative Law Without Leaving Home: What Civil Procedure Can Teach CriminalProcedure, and Vice Versa , by David A. Sklansky and Stephen C. Yeazell Exchange: Meta-Blackmail Meta-Blackmail, by Russell L. Christopher Reply Meta-Blackmail and the Evidentiary Theory: Still Taking Motives Seriously, by Mitchell N. Berman Surreply The Trilemma of Meta-Blackmail: Is Conditionally Threatening Blackmail Worse, theSame, or Better than Blackmail Itself?, by Russell L. Christopher Book review The Accidental Environmentalist: Judge Posner on Catastrophic Thinking(reviewing Catastrophe: Risk and Response), Reviewed by Lisa Heinzerling Note The United States Senate and the Problem of Equal State Suffrage, by Misha Tseytlin
VOLUME 94, ISSUE 2 (JANUARY 2006) Articles Legal Realism and the Failure of the “Effects” Test for Discrimination , by Charles F. Abernathy “Dear Sister Antillico . . . ”: The Story of Kirksey v. Kirksey, by William R. Casto and Val D. Ricks The Sympathetic Discriminator: Mental Illness, Hedonic Costs, and the ADA , by Elizabeth F. Emens The Fundamental Incoherence of Title VII: Making Sense of Causation in Disparate Treatment Law , by Martin J. Katz Essay Peace and Justice: Notes on the Evolution and Purposes of Legal Processes , by Carrie Menkel-Meadow Note A Multidimensional Framework for the Analysis of Testimonial Hearsay Under Crawford v. Washington, by Ariana J. Torchin
VOLUME 94, ISSUE 1 (NOVEMBER 2005) Articles Civil and Criminal Sanctions in the Constitution and Courts , by Aaron Xavier Fellmeth Trusting Trustees: Fiduciary Duties and the Limits of Default Rules , by Melanie B. Leslie Defining Judicial Inactivism: Models of Adjudication and the Duty To Decide , by Chad M. Oldfather Essay Originalism and Formalism in Criminal Procedure: The Triumph of Justice Scalia, the Unlikely Friend of Criminal Defendants? , by Stephanos Bibas Notes Patented Embryonic Stem Cells: The Quintessential “Essential Facility”? , by Amy Rachel Davis Devising a Constitutional National Security Letter Process in Light of Doe v. Ashcroft , by Zachary D. Shankman
VOLUME 93, ISSUE 6 (AUGUST 2005) Articles Overenforcement , by Richard A. Bierschbach and Alex Stein Strike Season: Protecting Labor-Management Conflict in the Age of Terror , by Ross E. Davies Corporate Heroin: A Defense of Perks, Executive Loans, and Conspicuous Consumption , by M. Todd Henderson and James C. Spindler The Death of Good Faith in Treaty Jurisprudence and a Call for Resurrection , by Michael P. Van Alstine Exchange: The Doctrine of Equivalents Invention, Refinement and Patent Claim Scope: A New Perspective on the Doctrine of Equivalents , by Michael J. Meurer and Craig Allen Nard Substitutes for the Doctrine of Equivalents: A Response to Meurer and Nard , by Doug Lichtman Patent Policy Adrift in a Sea of Anecdote: A Reply to Lichtman , by Michael J. Meurer and Craig Allen Nard Book Review Life and Limb: Pain, Capitalism, and Citizenship in Industrializing America (Review of The Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law, by John Fabian Witt), by Christopher Capozzola Notes A Plan Revised: How the Congressional Power To Abrogate State Sovereign Immunity Has Expanded Since the Eleventh Amendment , by David Krinsky Into the Impetuous Vortex: The Mansfield Amendment, Political Accountability, and the Separation of Powers , by Scott Meisler
VOLUME 93, NUMBER 5 (JUNE 2005) Articles Law and Trust, by Frank B. Cross An Exercise in Line-Drawing: Deriving and Measuring Fairness in Redistricting, by Jeanne C. Fromer Essay Section Two of the Sherman Act: The Search for Standards, by Thomas E. Kauper Review Essay A Prescription for Perilous Times, by Neil S. Siegel Book Reviews Where Is FDR When We Need Him? by Peter Edelman The Scopes Trope, by Jay D. Wexler Note Merger & Acquisition Fairness Opinions: A Critical Look at Judicial Extensions of Liability to Investment Banks, by John S. Rubenstein VOLUME 93, NUMBER 4 (APRIL 2005) Articles Ideology in the Elite Legal Academy: A Preliminary Investigation, by John O. McGinnis, Matthew A. Schwartz, and Benjamin Tisdell Torturing Executive Power, by Michael D. Ramsey Essays: Fifty Years After Bolling v. Sharpe Bolling, Equal Protection, Due Process, and Lochnerphobia, by David E. Bernstein The Secret History of School Choice: How Progressives Got There First, by James Forman, Jr. A National Issue: Segregation in the District of Columbia and the Civil Rights Movement at Mid-Century, by Wendell E. Pritchett Exchange: Obesity Policy Choices Obesity and the Struggle Within Ourselves, by M. Gregg Bloche What (Not) To Do About Obesity: A Moderate Aristotelian Answer, by Richard A. Epstein Notes Justice for the “Designated”: The Process That Is Due to Alleged U.S. Financiers of Terrorism, by Nicole Nice-Petersen Killing One Bird with Two Stones: The Effect of Empagran and the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 on Detecting and Deterring International Cartels, by Daniel J. Bennett VOLUME 93, NUMBER 3 (MARCH 2005) Articles Known Unknowns: The Delusion of Terrorism Insurance, by Michelle E. Boardman The New Dividend Puzzle, by William W. Bratton Glory Days: Popular Constitutionalism, Nostalgia, and the True Nature of Constitutional Culture, by Doni Gewirtzman Desuetude in International Law, by Michael J. Glennon Book Reviews Reviewing THE NEW CONSTITUTIONAL ORDER, by Mark Tushnet The Libertarian-Lite Constitutional Order and the Rehnquist Court, by Steven G. Calabresi The Current Generation of Constitutional Law, by David Fontana Aside The Under-Theorized Asterisk Footnote, by Charles A. Sullivan Notes The Destruction of International Notions of Power and Sovereignty: The Supreme Court’s Misguided Application of Retroactivity Doctrine to the Foreign Sovereign Immunities Act in Republic of Austria v. Altmann, by Marla Goodman The Fair and Accurate Credit Transactions Act of 2003: Will Preemption of State Credit Reporting Laws Harm Consumers?, by Michael Epshteyn
VOLUME 93, NUMBER 2 (JANUARY 2005) Articles Booker and Fanfan: The Untimely Death (and Rebirth?) of the Federal Sentencing Guidelines, by Craig Green Private Language, Public Laws: The Central Role of Legislative Intent in Statutory Interpretation, by Lawrence M. Solan Mediating Norms and Identity: The Role of Transnational Judicial Dialogue in Creating and Enforcing International Law, by Melissa A. Waters Colored Speech: Cross Burnings, Epistemics, and the Triumph of
the Crits?, by Guy-Uriel E. Charles Essays Making Sense of Payments Policy in the Information Age, by Ronald J. Mann The Perfect Crime, by Brian C. Kalt Book Reviews Reviewing PRICELESS, by Frank Ackerman & Lisa Heinzerling Junk Economics, by Joseph P. Tomain The Decision-Making Machinery Behind Environmental Policy, by David Rind Notes Sticky Fingers or Sticky Norms? Unauthorized Music Downloading and Unsettled Social Norms, by Geoffrey Neri Rescuing Science from the Courts: An Appeal for Amending the Patent Code to Protect Academic Research in the Wake of Madey v. Duke University, by David G. Sewell
VOLUME 93, NUMBER 1 (NOVEMBER 2004) Articles The Situational Character: A Critical Realist Perspective on the Human Animal, by Jon Hanson and David Yosifon Fire, Metaphor, and Constitutional Myth-Making, by Robert L. Tsai Overcorrection, by Ehud Guttel Essays Resetting the Corporate Thermostat: Lessons from the Recent Financial Scandals About Self-Deception, Deceiving Others, and the Design of Internal Controls, by Donald C. Langevoort Albert Einstein, Esq., by Steven Goldberg Notes Iraq's New Investment Laws and the Standard of Civilization: A Case Study on the Limits of International Law, by Alan K. Audi The Lessons of Greenberg: Informed Consent and the Protection of Tissue Sources' Research Interests, by Kevin L. Oberdorfer
VOLUME 92, NUMBER 6 (AUGUST 2004) Articles Whose Justice? Reconciling Universal Jurisdiction with Democratic Principles, by Diane F. Orentlicher Pretextual Prosecution, by Harry Litman Double Jeopardy Protection from Successive Prosecution: A Proposed Approach, by Anne Bowen Poulin Notes Medical Treatment for Asian Immigrant Children: Does Mother Know Best? by Susan Hall Dudley The Duty To Defend: What Is in the Interests of the World’s Most Powerful Client? by Dalena Marcott
VOLUME 92, NUMBER 5 (JUNE 2004) Article Other People’s Money: Corporations, Agency Costs, and Campaign Finance Law, by Adam Winkler Book Reviews Federal Courts, State Courts and Civil Rights: Judicial Power and Politics (reviewing Gay Rights and American Law, by Daniel R. Pinello), by Nan Hunter The Increasing Role of Empirical Research in Corporate Law Scholarship (reviewing Political Determinants of Corporate Governance: Political Context, Corporate Impact, by Mark Roe) , by Randall S. Thomas Notes An Unjust War: The Case Against the Government’s War on Obesity, by Katherine Mayer Catch 98(2): Article 98 Agreements and the Dilemma of Treaty Conflict, by David A. Tallman
VOLUME 92, NUMBER 4 (APRIL 2004) Symposium Lincoln, the Declaration, and the “Grisly, Undying Corpse of States' Rights”: History, Memory, and Imagination in the Constitution of a Southern Liberal, by William E. Forbath Comment: Charles Black and Human Rights, by T. Alexander Aleinikoff State Action and a New Birth of Freedom, by Gary Peller and Mark Tushnet Response to State Action and a New Birth of Freedom, by Robin West Interpretive Holism and the Structural Method, or How Charles Black Might Have Thought About Campaign Finance Reform and Congressional Timidity, by Michael C. Dorf Charles L. Black: His Heart and Mind, by Jack Greenberg
VOLUME 92, NUMBER 3 (MARCH 2004) Articles Valuable Patents, by John R. Allison, Mark A. Lemley, Kimberly A. Moore and R. Derek Trunkey The Mobility Paradox, by Todd E. Pettys Adrift on a Sea of Uncertainty: Preserving Uniformity in Patent Law Post-Vornado Through Deference to the Federal Circuit, by Larry D. Thompson, Jr. Notes E-Rated Movies: Coming Soon to a Home Theater Near You?, by Sharon Weinberg Nokes Is All Speech Local? Balancing Conflicting Free Speech Principles on the Internet, by Amy Oberdorfer Nyberg Gender Effects in the Courts of Appeals Revisited: The Data Since 1994, by Sarah Westergren
VOLUME 92, NUMBER 2 (JANUARY 2004) Articles Assessing the Legality of Invading Iraq, by Sean D. Murphy Reconstruction, Felon Disenfranchisement, and the Right to Vote: Did the Fifteenth Amendment Repeal Section 2 of the Fourteenth Amendment?, by Gabriel J. Chin Zone of Interests, by Jonathan R. Siegel Book Review Tinkering Through Time: A History of America's Experiment with the Death Penalty (reviewing The Death Penalty: An American History, by Stuart Banner), by Joseph Margulies Note Manifest Destiny's New Face: “Soft-Selling” Tribal Heritage Lands for Toxic Waste , by Eric Jonathan Lacey
VOLUME 92, NUMBER 1 (NOVEMBER 2003) Articles Lochner Era Revisionism, Revised: Lochner and the Origins of Fundamental Rights Constitutionalism, by David E. Bernstein Corporation Law After Enron: The Possibility of a Capitalist Reimagination, by David A. Westbrook Notes Who Decides? Genital-Normalizing Surgery on Intersexed Infants, by Alyssa Connell Lareau Confidentiality vs. Care: Re-evaluating the Duty to Self, Client, and Others, by Rachel Vogelstein
VOLUME 91, NUMBER 6 (AUGUST 2003) Articles The Interpretive Force of the Constitution's Secret Drafting History, by Vasan Kesavan and Michael Stokes Paulsen Should the Behavior of Top Management Matter?, by Vikramaditya S. Khanna Review Essay Rogue Science, by M. Gregg Bloche Note The New Isolationism: Non-Self-Execution Declarations and Treaties as the Supreme Law of the Land, by Elizabeth R. Jungman
VOLUME 91, NUMBER 5 (JUNE 2003) Articles The Role of Deterrence in the Formulation of Criminal Law Rules: At Its Worst When Doing Its Best, by Paul H. Robinson and John M. Darley State Constitutional Rights as Resistance to National Power: Toward a Functional Theory of State Constitutions, by James A. Gardner Notes Beyond All Doubt, by Elizabeth R. Jungman Torturing the Fifth Amendment: McKune v. Lile, by Matthew Kilby
VOLUME 91, NUMBER 4 (APRIL 2003) Articles Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State, by J.B. Ruhl and James Salzman The New Frontier of Constitutional Confession Law—The International Arena: Exploring the Admissibility of Confessions Taken by U.S. Investigators from Non-Americans Abroad, by Mark A. Godsey Essay Lex and the City, by Gil Grantmore Note A New Instrument in National Security: The Legislative Attempt to Combat Terrorism via the Safe Drinking Water Act, by Varu Chilakamarri
VOLUME 91, NUMBER 3 (MARCH 2003) Symposium The New Negligence Twentieth-Century Tort Theory, by John C.P. Goldberg Negligence, Compensation, and the Coherence of Tort Law, by Mark Geistfeld The Jury’s Out: Social Norms’ Misunderstood Role in Negligence Law, by Steven Hetcher Rehabilitating Tort Compensation, by Ellen S. Pryor Civil Recourse, Not Corrective Justice, by Benjamin C. Zipursky
VOLUME 91, NUMBER 2 (JANUARY 2003) Articles The Rise and Demise of the Technology-Specific Approach to the First Amendment, by Christopher S. Yoo The Problem of Perspective in Internet Law, by Orin S. Kerr Book Review Overcoming the Constitution (reviewing Implementing the Constitution, by Richard H. Fallon, Jr.), by Saikrishna B. Prakash Remarks Separation Anxiety: Congress, the Courts, and the Constitution, by Hillary Rodham Clinton Notes Are States Beating the House?: The Validity of Tribal-State Revenue Sharing Under the Indian Gaming Regulatory Act, by Eric S. Lent The Scope of Utility in the Twenty-First Century: New Guidance for Gene-Related Patents, by Teresa M. Summers Currently in production (4/21/2006):
VOLUME 94, ISSUE 5 (JUNE 2006) Article The Democratic Prosecutor: Explaining the Constitutional Function of the Federal Grand Jury, by Niki Kuckes Symposium International Law and Rehnquist-Era Reversals, by Diane Marie Amann Criminal Justice After the Conservative Reformation, by Louis D. Bilionis The Rehnquist Court and the Death Penalty, by Erwin Chemerinsky The Politics of Criminal Justice: How the New Right Regime Shaped the Rehnquist Court’s Criminal Justice Jurisprudence, by Cornell W. Clayton and J. Mitchell Pickerill The Liberal Legacy of Bush v. Gore, by David Cole Politics and the Court: Did the Supreme Court Really Move Left Because of Embarrassment Over Bush v. Gore?, by John C. Eastman Categorical Requirements in Constitutional Criminal Procedure, by Jeffrey L. Fisher Cautious Liberalism, by Joseph E. Kennedy The Court of Pragmatism and Internationalization: A Response to Professors Chemerinsky and Amann, by Kenneth W. Starr Temporal Adversarialism, Criminal Justice, and the Rehnquist Court: The Sluggish Life of Political Factfinding, by Andrew E. Taslitz Observations on the New Revolution in Constitutional Criminal Procedure, by Mark Tushnet Note Eliminating the Federal Subsidy in Kelo: Restricting the Availability of Tax-Exempt Financing for Redevelopment Projects, by Daniel Knepper
Please contact Brett Marston at the Office of Journal Administration for information.
Revised April 21, 2006 (BEM) |
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