A New Discourse Theory of the Firm After Citizens United

Michael R. Siebecker · November 2010 79 GEO. WASH. L. REV. 161 (2010) Could a new “discourse theory” of the firm provide a better way than existing corporate law principles to understand the evolving nature of the firm and the role shareholders should play in corporate governance? Two recent developments provide a special urgency for...
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The Timing of Minimum Contacts

Todd David Peterson · November 2010 79 GEO. WASH. L. REV. 101 (2010) Over the course of a thirteen-year period from 1977 to 1990, the Supreme Court decided thirteen major cases on the issue of personal jurisdiction. This outpouring of opinions generated a burst of scholarly interest in the subject of personal jurisdiction and a...
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The Corporate Law Background of the Necessary and Proper Clause

Geoffrey P. Miller · November 2010 79 GEO. WASH. L. REV. 1 (2010) This Article investigates the corporate law background of the Necessary and Proper Clause. It turns out that corporate charters of the colonial and early Federal periods bristled with similar clauses, often attached to grants of rulemaking power. Analysis of these charters suggests...
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Incentives and the Supreme Court

Mark Tushnet · September 2010 78 GEO. WASH. L. REV. 1300 (2010) Good-government reform proposals like those offered by Professors Craig Lerner and Nelson Lund generally confront several difficulties. Details matter, but most reform proposals are understandably sketchy. The details ordinarily would be fleshed out as the proposal works its way through the process of...
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Judicial Duty and the Supreme Court’s Cult of Celebrity

Craig S. Lerner & Nelson Lund · September 2010 78 GEO. WASH. L. REV. 1255(2010) Judging from recent confirmation hearings, there is now a consensus that Supreme Court Justices should be humble servants of the law, highly respectful toward precedent, and without personal agendas of any kind. Few informed observers expect this to happen. After...
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The Will of the People and the Process of Constitutional Change

Barry Friedman · September 2010 78 GEO. WASH. L. REV. 1232 (2010) This is a Reply for a symposium by The George Washington Law Review regarding “The Will of the People: How Public Opinion Influences the Supreme Court and Shapes the Meaning of the Constitution.” It takes up the question of constitutional change, clarifying what...
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Public Consensus as Constitutional Authority

Richard Primus · September 2010 78 GEO. WASH. L. REV. 1207 (2010) Barry Friedman’s new book The Will of the People attempts to dissolve constitutional law’s countermajoritarian difficulty by showing that, in practice, the Supreme Court does only what the public will tolerate. His account succeeds if “the countermajoritarian difficulty” refers to the threat that...
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