GLJ Online

Draining the Backwater: The Normalization of Temporary Floodwater Takings Law in Arkansas Game and Fish Commission v. United States

This case comment will examine the recent Supreme Court decision Arkansas Game & Fish Commission v. United States, delivered by Justice Ginsberg in the first opinion of the October 2012 term. The decision reversed the judgment of the Federal Circuit and held that flooding caused by the government need not be permanent to be a [...]

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What is the Purpose? Affirmative Action, DOMA, and the Untenable Tiered Framework for Equal Protection Review

This paper argues that the Court’s current approach to equal protection, which treats the tiered framework as a rigid taxonomy rather than a set of guiding principles, is untenable. As this paper seeks to illustrate, the Court’s current approach has skewed the Court’s analysis, rendering the substantive nature of the equal protection guarantee unclear, and [...]

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Address: Twenty-First-Century International Lawmaking

The last time I spoke at Georgetown University Law Center was on the occasion of the eightieth anniversary of the Legal Adviser’s Office, known affectionately at the State Department as “L.” I have now been the Legal Adviser at the State Department for more than three and a half years. During that time, at nearly [...]

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