GW Law Faculty Publications & Other Works

 

The Faculty Scholarship collection contains full text scholarly works authored by permanent faculty of the George Washington University Law School.

Works encompass many topics such as government regulation, animal law, business & finance law, constitutional law, civil rights, criminal law, litigation, environmental & energy law, family law, government procurement, health law, intellectual property & technology law, labor law, taxation law, cyber security law, national security law, international law, foreign relations law, and public interest law.

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Submissions from 1999

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State Liability for Environmental Violations: The U.S. Supreme Court’s 'New' Federalism, Robert L. Glicksman and Stephen R. McAllister

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A Modest Proposal to Enhance Civil/Military Integration: Rethinking the Renegotiation Regime as a Regulatory Mechanism to Decriminalize Cost, Pricing, and Profit Policy, William E. Kovacic and Steven L. Schooner

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Antitrust Policy: A Century of Economic and Legal Thinking, William E. Kovacic and Carl Shapiro

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Judicial Review of the Manual for Courts-Martial, Gregory E. Maggs

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Antidumping Law as Means of Facilitating Cartelization, Richard J. Pierce Jr

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An Emerging Right for Mature Minors to Receive Information, Catherine J. Ross

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Families Without Paradigms: Child Poverty and Out-of-Home Placement in Historical Perspective, Catherine J. Ross

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The FTCA Discretionary Function Exception and Accounting Malpractice, Steven L. Schooner

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What Next? A Heuristic Approach to Revitalizing the Contract Disputes Act of 1978, Steven L. Schooner

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The Darkest Domain: Deference, Judicial Review, and the Bill of Rights, Daniel J. Solove

Submissions from 1998

Wrongs and Rights: A Human Rights Analysis of China's Revised Criminal Law, Donald C. Clarke

The Second Amendment as Teaching Tool in Constitutional Law Classes, Robert J. Cottrol; Eugene Volokh; Sanford Levinson; L.A. Scot Powe, Jr.; and Glenn Harlan Reynolds

Love and Money: An Affinity-Based Model for the Regulation of Capital Formation, Theresa Gabaldon

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Race and the Victim: An Examination of Capital Sentencing and Guilt Attribution Studies, Cynthia Lee

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The Act-Belief Distinction in Self-Defense Doctrine: A New Dual Requirement Theory of Justification, Cynthia Lee

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Internet Solutions to Consumer Protection Problems, Gregory E. Maggs

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Ipse Dixit: The Restatement (Second) of Contracts and the Modern Development of Contract Law, Gregory E. Maggs

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The Holder in Due Course Doctrine as a Default Rule, Gregory E. Maggs

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Translating Federalism: A Textualist Reaction, Gregory E. Maggs

Submissions from 1997

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Reconstructing Langdell, W. Burlette Carter

Ascertaining the Laws of the Several States: Positivism and Judicial Federalism After Erie, Bradford R. Clark

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Mandatory Worker Participation is Required in a Declining Union Environment to Provide Employees With Meaningful Industrial Democracy, Charles B. Craver

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Negotiation Ethics: How to Be Deceptive without Being Dishonest/How to Be Assertive without Being Offensive, Charles B. Craver

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Introduction to the Essays of Warren Buffett: Lessons for Corporate America, Lawrence A. Cunningham

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A New 'Sliding Scale of Difference' Approach to Abuse of Discretion: Appellate Review of District Court Departures Under the Federal Sentencing Guidelines, Cynthia Lee

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Domestic Violence, Character, and Social Change in the Welfare Reform Debate, Joan S. Meier

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Reconciling Chevron and Stare Decisis, Richard J. Pierce Jr

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Postures of Judging: An Exploration of Judicial Decisionmaking, Daniel J. Solove

Submissions from 1996

Comparing Alternative Methods of Adjusting U.S. Federal Fiscal Deficits for Cyclical and Price Effects, Neil H. Buchanan

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Power and Politics in the Chinese Court System: The Enforcement of Civil Judgments, Donald C. Clarke

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Infecting Attorney-Client Confidentiality: The Ethics of HIV Disclosure, Laurie S. Kohn

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Race and Self-Defense: Toward a Normative Conception of Reasonableness, Cynthia Lee

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Representing the Unrepresented in Class Action Settlements, Alan B. Morrison

Submissions from 1995

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Can this Culture be Saved? Another Affirmative Action Baby Reflects on Religious Freedom (Review of The Culture of Disbelief, How American Law and Politics Trivialize Religious Devotion, by Stephen L. Carter), W. Burlette Carter

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Cardozo and Posner: A Study in Contracts, Lawrence A. Cunningham

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Hermeneutics and Contract Default Rules: An Essay on Lieber and Corbin, Lawrence A. Cunningham

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Consumer Bankruptcy Fraud and the Reliance on Advice of Counsel Argument, Gregory E. Maggs

Submissions from 1994

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Rats, Pigs, and Statues on Trial: The Creation of Cultural Narratives in the Prosecution of Animals and Inanimate Objects, Paul Schiff Berman

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Rats, Pigs, and Statues on Trial: The Creation of Cultural Narratives in the Prosecution of Animals and Inanimate Objects, Paul Schiff Berman

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From Random Walks to Chaotic Crashes: The Linear Genealogy of the Efficient Capital Market Hypothesis, Lawrence A. Cunningham

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Delaware Fiduciary Duty Law after QVC and Technicolor: A Unified Standard (and the End of Revlon Duties?)., Lawrence A. Cunningham and Charles M. Yablon

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Prosecutorial Discretion, Substantial Assistance, and the Federal Sentencing Guidelines, Cynthia Lee

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GENDER EQUALITY: STATES AS LABORATORIES, Dawn C. Nunziato

Submissions from 1993

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Designing American Industrial Policy: General versus Sectoral Approaches, Steve Charnovitz

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Designing American Industrial Policy: General versus Sectoral Approaches, Steve Charnovitz

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Look Before You Lend: A Lender’s Guide to Financing Government Contracts Pursuant to the Assignment of Claims Act, Steven L. Schooner and Heidi M. Schooner

Submissions from 1990

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The Sentencing Court's Discretion to Depart Downward in Recognition of a Defendant's Substantial Assistance: A Proposal to Eliminate the Government Motion Requirement, Cynthia Lee

Submissions from 1989

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To the Promised Land: A Century of Wandering and a Final Homeland for the Due Process and Taking Clauses, Michael L. Davis and Michael Davis

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Judicial Activism and Restraint in the Supreme Court's Environmental Law Decisions, Robert L. Glicksman and Richard E. Levy

Submissions from 1988

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Freedom of Speech in the Public Workplace: A Comment on the Public Concern Requirement, Cynthia Lee