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

Regleprudence

analysis. Of course, what scholars and lawyers call “administrative law” shines much light into the labyrinthine regulatory state. The subject has long explored ways that many governmental decisions... Read More

The Cyber-Law of Nations

Concerns about cyberwar, cyberespionage, and cybercrime have burst into focus in recent years. The United States and China have traded accusations about cyber intrusions, and a December 2012 U.N. conference... Read More

Culpability and Modern Crime

Criminal law has developed to prohibit new and subtler forms of intrusion on the autonomy of others, including freedom of thought and decision. Examples include modern understandings of fraud, extortion, and bribery, which pivot on the concepts of deception, coercion, and improper influence. Sometimes core offenses develop to turn on similar concepts about autonomy, such as when reforms in the […]

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Manipulative Marketing and the First Amendment

The conventional wisdom is that the Supreme Court’s review of commercial speech restrictions has gradually become more stringent over time, edging further and further in the direction of strict scrutiny. What this narrative misses is that the Supreme Court’s review has become more rigorous over time only for a certain type of commercial speech regulation: laws that restrict nonmisleading, informational […]

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In Partial Defense of Probate: Evidence from Alameda County, California

For five decades, probate—the court-supervised administration of decedents’ estates—has been condemned as unnecessary, slow, expensive, and intrusive. This backlash has transformed succession in the United States, as probate avoidance has become a booming industry and contract-like devices such as life insurance, transfer-on-death accounts, and revocable trusts have become the primary engines of intergenerational wealth transmission. Despite […]

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Beyond Ownership: State Capitalism and the Chinese Firm

Chinese state capitalism has been treated as essentially synonymous with state-owned enterprises (SOEs). But drawing a stark distinction between SOEs and privately owned enterprises (POEs) misperceives the reality of China’s institutional environment and its impact on the formation and operation of large enterprises of all types. We challenge the “ownership bias” of prevailing analyses of Chinese firms by exploring the […]

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Don’t Try This at Home: The Troubling Distortion of Rule 68

Rule 68 of the Federal Rules of Civil Procedure was enacted to promote consensual settlement. Through a mandatory cost-shifting mechanism, the Rule incentivizes defendants to make offers to settle and plaintiffs to accept those offers. Over the last few decades, courts of appeals have begun to interpret the Rule in a way that goes beyond simply shifting costs. Instead, […]

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Final Detonation: How Customary International Law Can Trigger the End of Landmines

“Landmines are among the most barbaric weapons of war, because they continue to kill and maim innocent people long after the war itself has ended.” Landmines have been the source of suffering for not only tens of thousands of soldiers, but also thousands of civilians worldwide. They continue to lie dormant in many countries, some hidden in nearby dirt […]

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Valuing Regulatory Flexibility: A Real Options Approach to Cost–Benefit Analysis

There is increasing pressure on federal agencies to justify regulatory actions with rigorous quantitative assessments.1 The past several decades have seen a marked increase in regulatory agencies’ use of a cost–benefit analysis framework to determine whether regulations should be issued. To perform these analyses, regulators attempt to convert the expected benefits and costs of a proposed regulation into dollar figures, […]

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