Volume 102 -- Issue 3 Georgetown Law Journal

Statistical Evidence of Racially Polarized Voting in the Obama Elections, and Implications for Section 2 of the Voting Rights Act

Part I begins by describing the persistence of racial bloc voting and discuss- ing why existing assumptions regarding polarization and causality are critical to the current analytical framework used in analyzing cases under Section 2. Part II utilizes past election returns and survey data to probe more deeply into the proclivities and preferences of white […]

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Forgetting to Weight: The Use of History in the Supreme Court’s Establishment Clause

History matters. It especially matters in the context of interpreting the First Amendment’s Establishment Clause. Since nearly the founding of the republic, jurists and commentators have recognized that the historical understanding of the Establishment Clause should guide contemporary interpretation. James Madison, in one of his final statements on church-state relations, acknowledged that debate on the […]

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Finding Fault? Exploring Legal Duties to Return Incidental Findings in Genomic Research

The use of whole-genome sequencing in biomedical research is expected to produce dramatic advances in human health. The increasing use of this powerful, data-rich new technology in research, however, will inevitably give rise to incidental findings (IFs)—findings with individual health or reproductive significance that are beyond the aims of the particular research—and the related questions […]

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Targeted Killing and Accountability

This Article is a comprehensive examination of the United States’ practice of targeted killings. It is based in part on field research, interviews, and previously unexamined government documents. The Article fills a gap in the literature, which to date lacks sustained scholarly analysis of the accountability mechanisms associated with the targeted killing process. The Article […]

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Enacted Legislative Findings and the Deference Problem

The constitutionality of federal legislation sometimes turns on the presence and sufficiency of congressional findings of predicate facts, such as the effects of conduct on interstate commerce, state discrimination justifying the abrogation of sovereign immunity, or market failures justifying intrusions on free speech. Sometimes a congressional committee makes these findings in legislative history. Other times, […]

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Nullification as Law

The rule of law is central to our notion of governance and our legal system. The ideal of a knowable, regular, public law shimmers in the discourse of our democracy. It stands in sharp contrast to the arbitrary and often despotic law of men, in which those with absolute power rule absolutely. But the devil […]

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