Volume 101 - Issue 6 Georgetown Law Journal

Full Disclosure? Conflicts of Interest Arising from Third-Party Funding in International Commercial Arbitration

This Note addresses both ad hoc and institutional arbitration. Three of the most prominent institutions for international commercial arbitration are the International Chamber of Commerce (ICC) in Paris; the International Center for Dispute Resolution (ICDR), a branch of the American Arbitration Association based in New York; and the London Court of International Arbitration (LCIA). Ad […]

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Standards of Engagement: Rethinking Rules of Engagement to More Effectively Fight Counterinsurgency Campaigns

To better arm the boots-on-ground combat soldier engaged in COIN (counterinsurgency) operations, leaders at every step in the chain of command must reframe their ROE (rules of engagement) policies to, first, acknowledge the need for nuanced, flexible rules in the complex COIN environment and, second, formally acknowledge the definite preference of COIN leaders against the […]

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Incentivizing Conservation: Restructuring the Tax-Preferred Easement Acceptance Process to Maximize Overall Conservation Value

The rapid development of private land in the United States has prompted a corresponding increase in the use of conservation easements as a vital element of U.S. land preservation and conservation policy. The federal government incentivizes these easements through an income-tax deduction for donations of qualifying easements to nonprofit land trusts. There are many advantages […]

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Chicago and Georgetown: An Essay in Honor of Robert Pitofsky

This Essay begins by laying out some of the core themes of Georgetown School of antitrust thinking. Overall, the Georgetown School is nondoctrinaire, flexible, and evidence based. It is strongly associated with government institutions without being explicitly interventionist in orientation. It takes a substantially different approach to “Type 1 error” than has prevailed for the […]

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The Quest for a Sound Conception of Copyright’s Derivative Work Right

This Article explains that, viewed in light of the evolution of the derivative work concept in the copyright revision process, the exclusive right to prepare derivative works is narrower in scope and more bounded than commentators have often feared. The Article considers characteristics of the nine exemplary derivatives in the statutory definition and explains why […]

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Poverty as Disability and the Future of Special Education Law

This Article’s broader contention is that advances in neuroscience research will eventually end special education as we know it. In short, neuroscience research is challenging a number of important assumptions that undergird special education law, including, for example, the assumption that there is a real difference between students with a specific learning disability, who are […]

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