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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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Lund on the Second Amendment & the Roberts Court

Lawrence Solum, September 22, 2017

Nelson Lund (George Mason University School of Law) has posted The Right to Keep and Bear Arms in the Roberts Court (American Federalism and Public Policy, Christopher P. Banks, ed., Forthcoming) on SSRN. Here is the abstract: Like everything else...…
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Does federal law contemplate a ban on the marketing of drugs and other medical products for unapproved, "off-label" uses?

Brian Wolfman, September 22, 2017

That's the topic of this article by law prof Nathan Cortez. Here's the abstract: The Federal Food, Drug, and Cosmetic Act (FDCA) does not expressly prohibit companies from marketing or promoting drugs for unapproved, "off-label" uses. The FDA itself…
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Colbert nails the Equifax hack

Brian Wolfman, September 22, 2017

Here or click below.…
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d'Aspremont on International Lawyers & Legal Forms

Lawrence Solum, September 22, 2017

Jean d'Aspremont (University of Manchester - School of Law) has posted International Lawyers and Legal Forms: Transatlantic Denials (Forthcoming in Chiara Giorgetti & Guglielmo Verdirame (eds), Concepts on International Law in Europe and the United States…
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Dorfman on Market Insularity

Lawrence Solum, September 22, 2017

Avihay Dorfman (Tel Aviv University - Buchmann Faculty of Law) has posted Against Market Insularity: Market, Responsibility, and Law on SSRN. Here is the abstract: In this paper, I take stock of some leading attempts to drive a wedge between...…
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Kuo & Chen on the Taiwanese Same-Sex Marriage Case

Lawrence Solum, September 21, 2017

Ming-Sung Kuo (University of Warwick School of Law) & Hui-Wen Chen (University of Warwick School of Law) have posted The Brown Moment in Taiwan: Making Sense of the Law and Politics of the Taiwanese Same-Sex Marriage Case in a Comparative...…
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Goldfarb on Hessick on Corpus Linguistics

Lawrence Solum, September 21, 2017

Neal Goldfarb has an essential and illuminating second post at LAWnLinguistics responding to Clarissa Hessick's paper Corpus Linguistics and the Criminal Law. Here is a taste: ONE OF THE PREMISES of the usage-based approach to word meaning, in both…
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The Lesser Of Two Sanctions

Mike Frisch, September 21, 2017

Reciprocal discipline was imposed by the West Virginia Supreme Court of Appeals where the attorney had been sanctioned in both Virginia and the District of Columbia for the same misconduct. On June 26, 2013, the Virginia State Bar Disciplinary Board...…
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Tsesis on Categorizing Student Speech

Lawrence Solum, September 21, 2017

Alexander Tsesis (Loyola University Chicago School of Law) has posted Categorizing Student Speech (Minnesota Law Review, Vol. 102, Forthcoming) on SSRN. Here is the abstract: Primary and secondary school student speech cases raise a variety of conflicting…
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The “Alaska Purchase” Is Probably Unconstitutional

Brian Galle, September 21, 2017


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Understanding the Graham-Cassidy legislation

Brian Wolfman, September 21, 2017

Here or click the embedded video below.…
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Priel on the Possibility of Naturalistic Jurisprudence

Lawrence Solum, September 21, 2017

Dan Priel (York University - Osgoode Hall Law School) has posted The Possibility of Naturalistic Jurisprudence: Legal Positivism and Natural Law Theory Revisited (Revus: Journal for Constitutional Theory and Philosophy of Law, Forthcoming) on SSRN. Here is…
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9th Circuit is sour on sugar-sweetened beverage disclosure

Rebecca Tushnet, September 21, 2017

American Beverage Association v. City and County of San Francisco, No. 16-16072 (9th Cir. Sept. 19, 2017) Plaintiffs challenged a SF ordinance requiring warnings about the health effects of certain sugar-sweetened beverages (SSBs) on certain fixed…
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Attorneys Not Liable For Distributing Settlement Proceeds To Client; Third Party Had No "Just Claim"

Mike Frisch, September 21, 2017

Attorneys were not liable for distributing settlement proceeds of a wrongful eviction claim to their client rather than a third party claiming entitlement per a decision of the District of Columbia Court of Appeals Mr. Banks hired Mr. Zucker and...…
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More Than Mere Negligence Gets Attorney Disbarred In D.C.

Mike Frisch, September 21, 2017

An attorney did not waive her right to assert that her misappropriation was negligent, but nonetheless lost the point, according to a disbarment imposed today by the District of Columbia Court of Appeals. Here, the Hearing Committee‘s findings (adopted…
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Stingray Search Violated Fourth Amendment

Mike Frisch, September 21, 2017

The District of Columbia Court of Appeals reversed a conviction on Fourth Amendment grounds A jury found appellant Prince Jones guilty of various offenses arising out of two alleged incidents of sexual assault and robbery at knifepoint. Mr. Jones…
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Tait on Family Owned Corporations

Lawrence Solum, September 21, 2017

Allison Anna Tait (University of Richmond - School of Law) has posted Corporate Family Law (Northwestern University Law Review, Vol. 112, No. 1, 2017) on SSRN. Here is the abstract: There is no such thing as corporate family law. But...…
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Yalnazov on Legal Uncertainty

Lawrence Solum, September 21, 2017

Orlin Yalnazov (Erasmus University Rotterdam (EUR), Erasmus School of Law, Rotterdam Institute of Law and Economics; University of Hamburg - Institute of Law and Economics; University of Bologna - School of Economics, Management, and Statistics) has posted…
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Bertolini on Spontaneous Lawmaking for Private Law

Lawrence Solum, September 21, 2017

Daniele Bertolini (Ryerson University - Ted Rogers School of Management) has posted On the Spontaneous Emergence of Private Law (The Canadian Journal of Law and Jurisprudence, Volume 29, Issue 01, 2016) on SSRN. Here is the abstract: This article…
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Breach Of "Shiduch" Lawsuit Sees A New Year

Mike Frisch, September 21, 2017

The New York Appellate Division for the Second Judicial Department agreed with the trial court's denial of a motion to dismiss a civil action The plaintiff commenced this action to recover damages for breach of contract and fraud, alleging that...…
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Dagan & Dorfman on Interpersonal Human Rights

Lawrence Solum, September 20, 2017

Hanoch Dagan and Avihay Dorfman (Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law) have posted Interpersonal Human Rights on SSRN. Here is the abstract: Our increasingly globalized environment, typified by…
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West on Occupy Wall Street & Melville's Bartleby the Scrivener

Lawrence Solum, September 20, 2017

Robin L. West (Georgetown University Law Center) has posted Bartleby's Consensual Dysphoria on SSRN. Here is the abstract: The 2011 Occupy Wall Street protest movement adopted what on first blush appears to be a peculiar literary mascot: Bartleby the…
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Recusal Denied Despite Improper Independent Investigation By Judge

Mike Frisch, September 20, 2017

The Tennessee Supreme Court reversed an order granting a judge's recusal in a civil case for an improper ex parte telephone call This case is on appeal from a trial court judge’s decision not to recuse herself based on a...…
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Judge Should Have Recused But Error Harmless

Mike Frisch, September 20, 2017

The South Dakota Supreme Court affirmed a fourth-degree rape conviction Approximately one month before [defendant] Shelton’s trial, his attorney moved to withdraw from the case. Shelton’s former cellmate came forward with information that Shelton confessed…
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Their Old Kentucky Home

Mike Frisch, September 20, 2017

The South Carolina Supreme Court permanently debarred an attorney The numerous charges against Respondent Heather Mary Boone McKeever in this disciplinary matter include the unauthorized practice of law, improper fee arrangements, false statements before…
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