Welcome to The Georgetown Law Journal Online

The Georgetown Law Journal Online, like the Journal, is a general legal publication that contains more informal blog posts as well as formal responses to in-print scholarship, scholarly... Read More

Upending a Global Debate: An Empirical Analysis of the U.S. Supreme Court’s Use of Transnational Law to Interpret Domestic Doctrine

Over the last ten years, judges, scholars, and policy makers have argued— quite vehemently at times—about whether U.S. courts should use transnational sources of law to interpret domestic legal doctrine... Read More

Monopolization Through Patent Theft

This Article explores how courts have created antitrust immunity for patent theft and why this rule is mistaken. Part I introduces basic antitrust concepts, including the antitrust cause of action for... Read More

On the Problem of Legal Change

Identifying legal change is an ordinary part of legal decisionmaking, but participants in those decisions regularly focus on different measures. A version of the problem arises when one observer points... Read More

The Law of “Not Now”: When Agencies Defer Decisions

Administrative agencies frequently say “not now.” They defer decisions about rulemaking or adjudication, or decide not to decide, potentially jeopardiz- ing public health, national security, or other... Read More

Upending a Global Debate: An Empirical Analysis of the U.S. Supreme Court’s Use of Transnational Law to Interpret Domestic Doctrine

Over the last ten years, judges, scholars, and policy makers have argued— quite vehemently at times—about whether U.S. courts should use transnational sources of law to interpret domestic legal doctrine. All eyes in this debate focus on the U.S. Supreme Court and its alleged use and misuse of transnational law. And almost all the debates […]

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Monopolization Through Patent Theft

This Article explores how courts have created antitrust immunity for patent theft and why this rule is mistaken. Part I introduces basic antitrust concepts, including the antitrust cause of action for illegal monopolization. It shows how courts have applied these antitrust principles to patent fraud, for example, when a firm acquires monopoly power by enforcing […]

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On the Problem of Legal Change

Identifying legal change is an ordinary part of legal decisionmaking, but participants in those decisions regularly focus on different measures. A version of the problem arises when one observer points to results while another observer points to processes for generating such results. Often change can be detected on one of those dimensions and not another. […]

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The Law of “Not Now”: When Agencies Defer Decisions

Administrative agencies frequently say “not now.” They defer decisions about rulemaking or adjudication, or decide not to decide, potentially jeopardiz- ing public health, national security, or other important goals. Such decisions are often made as a result of general Administration policy, may be highly controversial, and are at least potentially subject to legal challenge. When […]

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The Decisionmaking Process of Funders, Attorneys, and Claimholders

In the past twenty years, there has been significant growth in the alternative- litigation-finance industry, whereby an outside third-party contributes capital with the expectation of a positive return upon successful completion of a lawsuit. In the early days of litigation finance, claims were primarily limited to the personal injury arena. But in recent years, outside […]

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Putting Justice Kagan’s “Hobbyhorse” Through Its Paces: An Examination of the Criminal Defense Advocacy Gap at the U.S. Supreme Court

Since her appointment in 2010, Justice Elena Kagan has remarked on multiple occasions that although the overall quality of advocacy before the U.S. Supreme Court today is high, the same cannot be said of the advocacy for criminal defendants. While some scholars and practitioners have made similar observations, there has been little meaningful study devoted […]

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