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 2021

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No Time to Waste: Embracing Sustainable Procurement to Mitigate the Accelerating Climate Crisis, Steven L. Schooner

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Emerging Policy and Practice Issues (2020), Steven L. Schooner and David J. Berteau

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Sustainable Procurement: Building Vocabulary To Accelerate The Federal Procurement Conversation, Steven L. Schooner and Evan Matsuda

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Habeas, History, and Hermeneutics, Jonathan R. Siegel

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Standing and Privacy Harms: A Critique of TransUnion v. Ramirez, Daniel J. Solove and Danielle Citron

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Privacy Harms, Daniel J. Solove and Danielle Keats Citron

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Judges and the Deregulation of the Lawyer's Monopoly, Jessica Steinberg, Anna E. Carpenter, Colleen F. Shanahan, and Alyx Mark

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Foster Care and the Growing Tension Between the Religion Clauses: A Comment on Rogers v. HHS, Robert W. Tuttle

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The Myth of the Laboratories of Democracy, Charles Tyler and Heather Gerken

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It's Time to Regulate Stablecoins as Deposits and Require Their Issuers to Be FDIC-Insured Banks, Arthur E. Wilmarth Jr.

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Policy Brief: The OCC’s Repeated Failures to Comply with the Dodd-Frank Act and Other Legal Authorities Governing the Scope of Preemption for National Banks and Federal Savings Associations, Arthur E. Wilmarth Jr.

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The Pandemic Crisis Shows that the World Remains Trapped in a 'Global Doom Loop' of Financial Instability, Rising Debt Levels, and Escalating Bailouts, Arthur E. Wilmarth Jr.

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Wirecard and Greensill Scandals Confirm Dangers of Mixing Banking and Commerce, Arthur E. Wilmarth Jr.

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What the Access to Justice Crisis Means for Legal Education, Kathryne M. Young

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Assessing the Trade Agenda for Government Procurement in the Biden Administration, Christopher R. Yukins

Submissions from 2020

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Modeling Settlement Bargaining with Algorithmic Game Theory, Michael B. Abramowicz

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Conflicts of Law and Transnational Data Flows, Paul S. Berman

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Understanding Global Legal Pluralism: From Local to Global, From Descriptive to Normative, Paul Schiff Berman

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EU Law in Populist Times: Crises and Prospects, Francesca Bignami

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Material Liberty and the Administrative State: Market and Social Rights in American and German Law, Francesca Bignami

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The German Right to Fiscal Stability and the Counter-Majoritarian Difficulty: The PSPP Judgment of 5 May 2020, Francesca Bignami

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Understanding Copyright's First Encounter With the Fine Arts: A Look at the Legislative History of the Copyright Act of 1870, Robert Brauneis

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What’s Wrong About the Elective Share “Right”?, Naomi R. Cahn

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The Price of Prevention: Anti-Terrorism Pre-Crime Measures and International Human Rights Law,, Arturo J. Carrillo

How the Topsy-Turvy Trade World Affects Climate Change Cooperation, Steve Charnovitz

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Solving the Challenges to World Trade, Steve Charnovitz

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Order and Law in China, Donald C. Clarke

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CULTIVATING QUALITY: TEN TOOLS MANAGERS CAN USE TO GET LONG-TERM COMMITTED SHAREHOLDERS, Lawrence A. Cunningham

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Initiative on Quality Shareholders Highlights, Lawrence A. Cunningham

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The Case for Empowering Quality Shareholders, Lawrence A. Cunningham

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COVID-19: Lessons Learned in Public Procurement. Time for a New Normal?, Laurence Folliot Lallion and Christopher R. Yukins

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Equity, Punishment, and the Company You Keep: Discerning a Disgorgement Remedy under the Federal Securities Laws, Theresa Gabaldon

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Outing On Outside Group Spending On Elections, Miriam Galston

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Administrative Investigations, Aram A. Gavoor and Steven Platt

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The Rocky Road to Energy Dominance: The Executive Branch’s Limited Authority to Modify and Revoke Withdrawals of Federal Lands from Mineral Production, Robert L. Glicksman and Hillary M. Hoffman

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The Death of the Genus Claim, Dmitry Karshtedt, Mark A. Lemley, and Sean B. Seymore

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Great Powers and New Risks: What Businesses and Regulators Should Know about China’s Strategic Ambitions, F. Scott Kieff and Thomas D. Grant

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COMPETITION POLICY RETROSPECTIVE: THE FORMATION OF THE UNITED LAUNCH ALLIANCE AND THE ASCENT OF SPACEX, William E. Kovacic

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COVID-19: LESSONS LEARNED IN PUBLIC PROCUREMENT. TIME FOR A NEW NORMAL?, Laurence Folliot Lalliot and Christopher R. Yukins

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Probable Cause with Teeth, Cynthia Lee

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The Trans Panic Defense Revisited, Cynthia Lee

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The Surprising Views of Montesquieu and Tocqueville about Juries: Juries Empower Judges, Renée Lettow Lerner

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The Trump Administration’s Flawed Decision on Coronavirus Vaccine Injury Compensation: Recommendations for Changes, Peter H. Meyers

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Codifying the Obligations of States Relating to the Prevention of Atrocities, Sean D. Murphy

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Effects of the COVID-19 Pandemic on the Work of the International Law Commission, Sean D. Murphy

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Peremptory Norms of General International Law (Jus Cogens) and Other Topics: The Seventy- First Session of the International Law Commission, Sean D. Murphy

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Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation, Dawn C. Nunziato

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Agency Adjudication: It Is Time to Hit the Reset Button, Richard J. Pierce Jr

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Comments of Richard J. Pierce, Jr. on Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication Docket Number OMB-2019-0006, Richard J. Pierce Jr

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Regulation in the Biden Administration, Richard J. Pierce Jr