Ipsa Loquitur
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 [...]
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 [...]