The (Misunderstood) Genius of American Corporate Law
Robert B. Ahdieh · April 2009 77 GEO. WASH. L. REV. 730 (2009) In this article, Prof. Robert Ahdieh offers a response to the comments by Profs. William Bratton, Lawrence Cunningham, and M. Todd Henderson on his article, Trapped in a Metaphor: The Limited Implications of Federalism for Corporate Governance.
Two Visions of Corporate Law
M. Todd Henderson · April 2009 77 GEO. WASH. L. REV. 708 (2009) This Essay offers a different and more fundamental explanation for the persistence and political alignment of the classic debate in corporate law – whether the American way of making corporate law is one that will lead toward good rules or bad rules... Read More
The New Federal Corporation Law?
Lawrence A. Cunningham · April 2009 77 GEO. WASH. L. REV. 685 (2009) Professor Robert Ahdieh offers to reinterpret the debate over whether state competition for corporate charters leads to more or less optimal results—a race to the top or bottom. He presents the more modest stances taken by the debate’s titans, William Cary and... Read More
Unentrapped
William W. Bratton · April 2009 77 GEO. WASH. L. REV. 677 (2009) In Trapped in a Metaphor: The Limited Implications of Federalism for Corporate Governance, Professor Robert Ahdieh bids us to clean up corporate federalism. We should stop describing the states as “racing” to make corporate law and stop evaluating the results of state... Read More
“De facto Sovereignty”: Boumediene and Beyond
Anthony J. Colangelo · April 2009 77 GEO. WASH. L. REV. 623 (2009) This Article interrogates a particular aspect of the Supreme Court’s opinion in Boumediene v. Bush, and, until now, largely unexamined piece of the habeas puzzle: the concept of “de facto sovereignty.” I will examine what it is, explain how the Court used... Read More
The Partially Prudential Doctrine of Mootness
Matthew I. Hall · April 2009 77 GEO. WASH. L. REV. 562 (2009) The law of mootness lacks a coherent theoretical foundation. On the one hand, mootness has been regarded—at least since 1964—as a limitation on federal court jurisdiction, mandated by Article III of the United States Constitution. Under this account, because mootness is a... Read More
The Office of Legal Counsel and Torture: The Law as Both a Sword and Shield
Ross L. Weiner · February 2009 77 GEO. WASH. L. REV. 524 (2009) Two OLC opinions, written in the wake of the September 11 attacks, are illustrative of the need for increased oversight in the OLC. The first (the “Status Memo”) is a memorandum detailing whether the federal courts would have jurisdiction to hear habeas... Read More
Grassroots Enforcement of EISA: The Need for a Citizen Suit Provision in the Energy Independence and Security Act of 2007
Megha Shah · February 2009 77 GEO. WASH. L. REV. 488 (2009) Secretary General Ban Ki-moon of the United Nations has described climate change as “the defining challenge of our age.” Indeed, the global community has reached a point where the realities of climate change must be confronted. Recently, Congress passed the Energy Independence and... Read More
In Furtherance of Transparency and Litigants’ Rights: Reforming the State Secrets Privilege
Rita Glasionov · February 2009 77 GEO. WASH. L. REV. 458 (2009) Since the establishment of the modern state secrets privilege in United States v. Reynolds, the scope of a court’s role in determining the validity of a claim of privilege has been unclear. As a consequence, in applying the doctrine, U.S. courts have allowed... Read More
Sharks and Minnows: Using Temporary Alien Deportation Immunity to Catch the Big Fish
Rachel Frankel · February 2009 77 GEO. WASH. L. REV. 431 (2009) Imagine a lawful permanent resident (“LPR”), an immigrant alien with a “Green Card,” is involved in a bank robbery. The LPR drives a co-conspirator to the bank and waits outside as the getaway driver. While inside the bank, the co-conspirator uses a gun... Read More