Against Certification
Justin R. Long · November 2009 78 GEO. WASH. L. REV. 114 (2009) Certification is the process whereby federal courts, confronted by an open question of state law in federal litigation, ask the relevant state high court to decide the state law question. If the state high court chooses to answer, its statement of state... Read More
The Three or Four Approaches to Financial Regulation: A Cautionary Analysis Against Exuberance in Crisis Response
Lawrence A. Cunningham & David Zaring · November 2009 78 GEO. WASH. L. REV. 39 (2009) First the financial markets collapsed, and second came massive government intervention designed to address the collapse. The third part of any financial crisis is reform. Judging by the exuberant production of scores of ambitious alternative visions for financial regulation... Read More
Pretrial Procedural Reform and Jack Friedenthal
Mary Kay Kane · November 2009 78 GEO. WASH. L. REV. 30 (2009) What makes an influential procedure scholar? Acute powers of analysis, the ability to see the broader implications of procedural change, and the capacity to articulate clearly and concisely what is at stake are, of course, all critical qualities. But there is an... Read More
Celebrating Jack H. Friedenthal: The Views of Two Co-authors
Helen Hershkoff & Arthur R. Miller · November 2009 78 GEO. WASH. L. REV. 9 (2009) The tributes in this volume celebrate Jack’s multifaceted accomplishments in the five decades since his graduation from the Harvard Law School in 1958. Professor Friedenthal’s work as a dean, as a special master settling disputes between the National Football... Read More
Jack Friedenthal: A Scholar, a Teacher, and a Dean’s Dean
Frederick M. Lawrence · November 2009 78 GEO. WASH. L. REV. 3 (2009) It is altogether fitting that The George Washington Law Review should mark Professor Jack Friedenthal’s first fifty years in law teaching with a special issue of the Review. Jack’s impact on the legal academy in general and The George Washington University Law... Read More
In Celebration of Jack Friedenthal
The Honorable Ruth Bader Ginsburg · November 2009 78 GEO. WASH. L. REV. 1 (2009) In a half century and more of dedication to legal education, Jack Friedenthal has earned the respect, appreciation, and affection of legions of jurists, teachers, and students. It was my good fortune to encounter him first in days when we... Read More
Dedication
The George Washington Law Review · November 2009 78 GEO. WASH. L. REV. (2009) In 1958, Jack Harlan Friedenthal began teaching at Stanford Law School. In 1988, he left Stanford for the deanship at The George Washington University Law School. He served as dean for a decade, stepping down after a decade of achievement. Since... Read More
The Aspirational Constitution
Michael C. Dorf · September 2009 77 GEO. WASH. L. REV. 1631 (2009) This Article questions the view that constitutional rights generally entrench deep values against future backsliding. Constitutional rights sometimes work that way, but, in important respects, the American experience has been quite different. Constitutional rights are typically established as the culmination of a... Read More
Offspring and Bodies: Dependency and Vulnerability in the Constitutional Jurisprudence of Reproductive Rights
Ann Shalleck · September 2009 77 GEO. WASH. L. REV. 1620 (2009) Sherry Colb offers a new way to consider reproductive rights by delineating two distinct and not always overlapping interests at stake in giving meaning to and shaping the contours of the rights implicated in reproductive decisions. Through differentiating interests in bodily integrity and... Read More
To Whom Do We Refer When We Speak of Obligations to “Future Generations”? Reproductive Rights and the Intergenerational Community
Sherry F. Colb · September 2009 77 GEO. WASH. L. REV. 1582 (2009) Ordinarily, consideration of future generations’ interests takes for granted that there will be future generations to have interests. It is, in other words, wrong to despoil the environment or fail to keep the social security system solvent because our children, grandchildren, and... Read More