GLJ Online

Immigration Enforcement Reform: Learning from the History of Fugitive Slave Rendition

The United States deports hundreds of thousands of immigrants each year, leaving many of the country’s eleven million undocumented immigrants living in constant fear of being torn from their families and homes. Because Congress has been unable to address this humanitarian crisis with meaningful legislative reform, President Obama recently announced that his administration will consider changes [...]

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Extraterritoriality and Comparative Institutional Analysis: A Response to Professor Meyer

Introduction In the last few years, the Supreme Court has applied the presumption against extraterritoriality to narrow the reach of U.S. securities law in Morrison v. National Australia Bank, Ltd.[1] and international-law tort claims in Kiobel v. Royal Dutch Petroleum Co.[2] By their terms, these decisions are limited to the interpretation of ambiguous federal statutes [...]

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When Cheerleading Becomes State Action

This Note will argue that the cheerleaders’ run-through banners constitute state action, and thus, the superintendent’s ban is necessary to avoid an Establishment Clause violation. The aim of this Note is to demonstrate that courts are more eager to find state action when the underlying claim involves establishment in public schools. Although courts do not acknowledge that they [...]

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The Nomination of Three New Judges to the D.C. Circuit: To Support and Defend the Constitution

On June 4, 2013, Barack Obama nominated Patricia Millett, Robert Wilkins, and Cornelia Pillard to fill vacancies on the United States Court of Appeals for the District of Columbia Circuit. Some Republicans immediately objected. Describing his nominations as wholly political, they alleged that President Obama sought to pack the court, invoking rhetoric used against the [...]

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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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Pluralism on Appeal

In a thoughtful response to my article, Rethinking Federal Circuit Jurisdiction, Ori Aronson notes that judges “work in context, be it social, cultural, or . . . institutional,” and that “context matters” to their decisions.  Indeed, the primary aim of my article was to spur a conversation about the context in which the judges of the [...]

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Response Comment: Innovation, Aggregation, and Specialization

In his fascinating critique of Federal Circuit jurisdiction, Professor Gugliuzza employs multiple tools of institutional analysis in order to explore the “dark matter” that comprises most of that Court’s docket—its unsung caseload of the nonpatent variety—and to stimulate our institutional imagination in search of a better jurisdictional structure. Through a combined analysis of its theoretical [...]

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Response Essay: Rethinking Federal Circuit Jurisdiction—A Short Comment

Professor Gugliuzza’s article, Rethinking Federal Circuit Jurisdiction, is a massive piece of scholarship inquiring into the jurisdiction of the United States Court of Appeals for the Federal Circuit and proposing jurisdictional remedies in the hope of curing the Federal Circuit’s problem with patent law. Specifically, Professor Gugliuzza proposes to transfer much of the subject-matter jurisdiction [...]

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