Volume 101 - Issue 1 Georgetown Law Journal

Into Justice Jackson’s Twilight: A Constitutional and Historical Analysis of Treaty Termination

Envision this scenario: a president, seeking a significant shift in foreign policy from the path of his predecessors, announces to the world that the United States is terminating a treaty between the nations. The overwhelming majority of Senators, two-thirds of which approved the treaty, strongly disagree with the decision; a majority of members of the [...]

Read More :: View PDF

The Inalienable Right of Publicity

This Article challenges the conventional wisdom that the right of publicity is universally and uncontroversially alienable. Although there are different definitions of alienability, I use the term in a broad sense to indicate that an entitlement is transferable in gross without any restrictions on its sale, donation, or ownership. Courts and scholars have routinely described [...]

Read More :: View PDF

Upside-Down Judicial Review

The countermajoritarian difficulty assumes that the democratically elected branches are majoritarian and the unelected Supreme Court is not. But some- times the opposite is true. Sometimes it is the elected branches that are out of sync with majority will and the Supreme Court that bridges the gap, turning the conventional understanding of the Court’s role [...]

Read More :: View PDF

Testation and Speech

Courts, scholars, and lawyers think of testation—the creation of a will or a trust—as a transfer of wealth. As a result, they analogize the field of decedents’ estates to property, contract, and corporate law: other spheres that regulate the use, conveyance, and investment of assets. Conversely, this Article identifies a quality that makes testation unique: [...]

Read More :: View PDF

Prosecuting Post-Padilla: State Interests and the Pursuit of Justice for Noncitizen Defendants

American state prosecutors are increasingly confronting the question of how to modify their practice, if at all, when prosecuting noncitizen defendants. As a result of recent trends in immigration law and policy, virtually any interaction with the criminal justice system leaves noncitizens, regardless of their lawful or unlawful status, at a very real risk of [...]

Read More :: View PDF