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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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In Peru Without Internet

Mike Frisch, July 25, 2017

A sanction is summarized from the web page of the Colorado Presiding Disciplinary Judge The Presiding Disciplinary Judge approved the parties’ conditional admission of misconduct and suspended J. Brent Garfield (attorney registration number 22382) for…
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Fiduciary Breach Claim Survives Summary Judgment

Mike Frisch, July 25, 2017

Summary judgment in favor of Willkie Farr in defending a breach of fiduciary duty claim was modified by the New York Appellate Division for the First Judicial Department In January 2001, nonparty Ramius Securities LLC hired plaintiff Dennis T. Palmeri,...…
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Lahav on Mass Tort Class Actions

Lawrence Solum, July 25, 2017

Alexandra D. Lahav (University of Connecticut - School of Law) has posted Mass Tort Class Actions - Past, Present, and Future (New York University Law Review, Forthcoming) on SSRN. Here is the abstract: The judicial experiment with mass tort class...…
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Dudziak on Death and the War Power

Dan Ernst, July 25, 2017

Mary L. Dudziak, Emory University School of Law, has posted Death and the War Power:In the vast literature on American war powers, attention is rarely paid to the product of war – the dead human body – and its impact on war politics and war powers. In…
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Cajas-Sarria on the Protection of Property in Colombia's State of Siege

Dan Ernst, July 25, 2017

We have word that Mario Cajas-Sarria, Associate Professor and Director of the Law School of Icesi University, Cali, Colombia has published The Supreme Court and the Defense of Private Property under the State of Siege in the Times of the Constitution of…
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The Meaning Of Transparency: Ohio Hits A Home Run

Mike Frisch, July 25, 2017

As readers of this blog well known, I am a huge fan of and advocate for transparency in bar discipline matters. When court walk the walk (many just talk the talk), I applaud. Ohio deserves a standing sustained ovation for...…
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Ferzan on Just War Theory, Defense, and Desert

Lawrence Solum, July 25, 2017

Kimberly Kessler Ferzan (University of Virginia, School of Law) has posted Defense and Desert: When Reasons Don't Share (San Diego Law Review, Forthcoming) on SSRN. Here is the abstract: Many retributivists maintain that when a defendant commits an…
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Gaziano & Yoo on Presidential Authority to Revoke National Monument Designations

Lawrence Solum, July 25, 2017

Todd F. Gaziano and John Yoo (Pacific Legal Foundation and University of California at Berkeley School of Law) have posted Presidential Authority to Revoke or Reduce National Monument Designations on SSRN. Here is the abstract: The Antiquities Act of…
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Ormerod & Trautman on the Fourth Amendment, the Third Party Doctrine, & Carpenter v. United States

Lawrence Solum, July 25, 2017

Peter C. Ormerod (Western Carolina University) & Lawrence J. Trautman (Western Carolina University) have posted A Descriptive Analysis of the Fourth Amendment and the Third-Party Doctrine in the Digital Age on SSRN. Here is the abstract: There are few…
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Dagan on Contemporary Legal Realism

Lawrence Solum, July 24, 2017

Hanoch Dagan has posted Contemporary Legal Realism (Encyclopedia for Law and Social Philosophy, Mortimer Sellers and Stephan Kirste (eds.), New York: Springer, Forthcoming) on SSRN. Here is the abstract: This short chapter, which is prepared for the…
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The Supreme Court: At a Tipping Point?

Dan Ernst, July 24, 2017

That’s the theme for this week’s morning lectures at the Chautauqua Institution.  This morning’s speaker was Linda Greenhouse, to be followed by Annette Gordon-Reed, Jeffrey Rosen, Akhil Reed Amar, and Theodore Olson.  H/t…
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Lawyer Spanks and Is Spanked In Return

Mike Frisch, July 24, 2017

The Virginia State Bar Disciplinary Board web page notes On July 10, 2017, the Virginia State Bar Disciplinary Board revoked Jud Andrew Fischel’s license to practice law based on his affidavit consenting to the revocation. By tendering his consent to...…
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The continuing Rule 23 "ascertainability" wars

Brian Wolfman, July 24, 2017

In recent years, federal courts have been addressing corporate class-action defendants' claims that the federal class-action rule (Rule 23) contains an rigorous "ascertainability" requirement -- a supposed need for the plaintiffs to show, at the…
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A Question Of Balance: Privacy Of Attorney v. Public Interest In Open Bar Proceedings

Mike Frisch, July 24, 2017

A petitioner who had filed for reinstatement in the District of Columbia and thereafter voluntarily withdrew the petition was successful in his attempt to redact portions of the hearing committee report from the public record. A hearing committee report…
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Mortgagor Rhymes With Poor

Mike Frisch, July 24, 2017

The Louisiana Attorney Disciplinary Board has proposed the permanent disbarment of a convicted attorney In addition to being a licensed Louisiana lawyer, Respondent held a license as a mortgage originator and was a principal of Metropolitan Mutual…
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Hemel & Posner on Presidential Obstruction of Justice

Lawrence Solum, July 24, 2017

Daniel Jacob Hemel and Eric A. Posner (University of Chicago Law School) have posted Presidential Obstruction of Justice on SSRN. Here is the abstract: Federal obstruction of justice statutes bar anyone from interfering with law enforcement based on a…
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Chafetz on Judicial Confirmation Battles

Lawrence Solum, July 24, 2017

Josh Chafetz (Cornell Law School) has posted Unprecedented? Judicial Confirmation Battles and the Search for a Usable Past (Harvard Law Review, Vol. 131, forthcoming 2017) on SSRN. Here is the abstract: Recent years have seen intense conflicts over federal…
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Mazzone on Fear of Constitutional Amendments

Lawrence Solum, July 24, 2017

Jason Mazzone (University of Illinois College of Law) has posted Amendmentphobia (3 Italian Law Journal 133 (2017)) on SSRN. Here is the abstract: This symposium essay draws on the failure of the proposed constitutional reforms in Italy in 2016 to...…
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Arlyck on the Courts and Foreign Affairs at the Founding

Dan Ernst, July 24, 2017

Kevin Arlyck has published The Courts and Foreign Affairs at the Founding in the BYU Law Review 2017: 1-65.  From the introduction:In contrast to standard presidentialist accounts of how institutional responsibility for foreign affairs was distributed…
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Non-Compliance = Disbarment

Mike Frisch, July 24, 2017

A former judge pro tem has consented to disbarment in California. He had failed to comply with the terms of a previously-imposed disciplinary sanction (a frequent reason for disbarment in the Golden State) Pursuant to the disciplinary order, respondent…
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CFPB celebrates its 6th birthday with a report touting what it considers its top 6 achievements

Brian Wolfman, July 24, 2017

Last Friday marked the Consumer Financial Protection Bureau's 6th birthday. It celebrated with a report describing what it considers the agency's top 6 accomplishments.These topics are described below, and the specifics are provided after the jump (with…
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Robinette and Graham on Prosser as Dean (and Fallible Human)

Dan Ernst, July 24, 2017

Christopher J. Robinette, Widener University Commonwealth Law School, and Kyle Graham, have posted The Prosser Letters: Scholar as Dean, which is forthcoming in the Journal of Tort Law:Examining a previously unexplored trove of letters, this article sheds…
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Reversal And Dismissal For Prosecutor's Improper Argument And Insufficient Evidence

Mike Frisch, July 24, 2017

The United States Court of Appeals for the District of Columbia Circuit affirmed the conviction of a mother tried with her son in a tax fraud conspiracy case. The son's conviction was vacated and the case against him was dismissed....…
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D.C. Circuit upholds Department of Transportation rule banning use of e-cigarettes on commercial air flights

Brian Wolfman, July 24, 2017

In Competitive Enterprise Institute v. DOT, by a 2-1 vote, the D.C. Circuit has upheld a Department of Transportation rule banning use of e-cigarettes on commercial passenger flights. The main question was whether Congress's 1987 law making it illegal…
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Norberg on ABA Employment Outcome Accreditation Standards

Lawrence Solum, July 24, 2017

Scott F. Norberg (Florida International University College of Law) has posted The Case for an ABA Accreditation Standard on Employment Outcomes (Florida International University Legal Studies Research Paper No. 17-20) on SSRN. Here is the abstract:…
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