Volume 99 - Issue 6 Georgetown Law Journal

An Appeal for Immediate Appealability: Applying the Collateral Order Doctrine to Orders Denying Appointed Counsel in Civil Rights Cases

Lee O. Wilson Jr. began his case as a pro se litigant. He alleged that the Virginia Department of Corrections misread his sentencing order, causing him to spend an extra five months in prison. He sought habeas corpus relief in state court as well as monetary damages pursuant to 42 U.S.C. § 1983 in the [...]

Read More :: View PDF

Derailing the Schoolhouse-to-Jailhouse Track: Title VI and a New Approach to Disparate Impact Analysis in Public Education

National attention is consistently focused on America’s public schools and the ways in which millions of children, particularly students of color, continue to receive an inadequate education despite living in the wealthiest nation in the world. Federal policies such as No Child Left Behind and the more recent “Race to the Top” program instituted by [...]

Read More :: View PDF

Bargaining Inside the Black Box

When jurors are presented with a menu of criminal verdict options and they cannot reach a consensus among them, what should they do? Available evidence suggests they are prone to compromise—that is, jurors will negotiate with each other and settle on a verdict in the middle, often on a lesser-included offense. The suggestion that jurors [...]

Read More :: View PDF

The Bilateral Fourth Amendment and the Duties of Law-Abiding Persons

The Fourth Amendment protects the innocent only from “unreasonable” searches. In light of the limited nature of this constitutional safeguard, law abiders consistently take precautions to avoid government searches. This Article considers why constitutional jurisprudence limits the protection of the innocent to “unreasonable” searches, thereby forcing them to alter their behavior. The most satisfying answer [...]

Read More :: View PDF

Regulatory Bankruptcy: How Bank Regulation Causes Fire Sales

Bankruptcy policy has long been founded upon the assumption that creditors seek to maximize the value of their assets. The radical changes that have swept the banking sector over the last two decades, however, have rendered this assumption unreliable. Banks, which are responsible for the majority of the outstanding credit in the United States, are [...]

Read More :: View PDF

In Memoriam: Sarah Pei Woo

The next article in this issue, Regulatory Bankruptcy, was written by Sarah Woo, a young NYU law professor who, tragically, passed away just prior to this publication. Woo joined the NYU Law faculty in June 2010. She was a specialist in financial regulation, corporate bankruptcy, and credit risk management. Sarah was an intelligent and creative [...]

Read More :: View PDF