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Georgetown University Law Center

About: Georgetown University Law Center is a based out in . It is known for research contribution in the topics: Supreme court & Global health. The organization has 585 authors who have published 2488 publications receiving 36650 citations. The organization is also known as: Georgetown Law & GULC.


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Journal ArticleDOI
TL;DR: It is suggested that act trees can be profitably used in various fields interested in complex representations of human action, including law, philosophy, psychology, linguistics, neuroscience, computer science, robotics, and artificial intelligence.

16 citations

Posted Content
TL;DR: New maternalism as mentioned in this paper is a post-feminist understanding of motherhood that studiously avoids engaging with the gendered division of parenting and refuses to make any demands on men.
Abstract: The biggest challenge for sex equality in the 21st Century is to dismantle inequality between women and men’s family care responsibilities. American law has largely accomplished formal equality in parenting by doing away with explicit gender classifications, along with many of the assumptions that fostered them. In a dramatic change from the mid-20th Century, law relating to family, work, civic participation and their various intersections is now virtually all sex-neutral. As the Supreme Court’s 2003 decision in Nevada Department of Social Services v. Hibbs demonstrates, both Congress and the Court have accepted the feminist critique of sex roles and stereotyping as engines of discrimination and inequality. But the resultant legal reforms address only formal inequality; the challenge of lived inequality remains. Changes in legal norms must be embraced throughout the culture before their promise will be made real. The most influential and resistant obstacle to actualizing gender equality is the continuing cultural practice of romanticizing the mother as the best possible caretaker. As the Court has recognized, we cannot simply accept existing gendered family patterns as results of freely made individual choices. Persistently gendered family care becomes self-fulfilling, and solidifies the very inequalities — economic, political and social — that the law strives to dislodge. Given that mothers’ unequal burden in the home is a fulcrum of broader sex discrimination, it is particularly disturbing that one of the most persistent strains in contemporary culture is a celebration of mothers’ domesticity and their role as the default parent, and that women’s rights organizations are buying in. The “new maternalism,” as we call it, is evident along the political spectrum and across popular culture, from Sarah Palin’s Mama Grizzlies to the internet advocacy group Moms Rising, and from movies, television and advertising to countless “mommy blogs.” This phenomenon amounts to a distinctive, post-feminist understanding of motherhood that studiously avoids engaging with the gendered division of parenting and refuses to make any demands on men. By appealing to mothers, and not fathers, new maternalism risks reinforcing mothers’ second shift and the countless inequalities that flow from it. The sophisticated policy advocates who participate in the promotion of new maternalism have made a strategic choice to tap a culturally potent, contemporary form of gender identity politics. But they jeopardize their own advocacy goals when parenting and care work are cast in exclusively female terms, as a new—but fundamentally retro and feminine — maternalism. Our analysis of the culture of new maternalism and its legal consequences comes from a deep appreciation of the enormous value and satisfactions of parenting; new maternalism has such appeal precisely because it correctly embraces what is meaningful about family care. Its error, we contend, lies in the tacit exclusion of men, whether willing or reluctant, from engaged parenting’s benefits and responsibilities. We conclude that equality outside the home requires equality inside it, which is why we come out against the new maternalism.

16 citations

Posted Content
TL;DR: This article argued that Fuller mischaracterized his eight canons, which are substantive rather than procedural, and pointed out that there is an important sense in which they enhance human dignity; however, they fail to enhance human-dignity to the fullest extent because they understand it in an overly libertarian fashion.
Abstract: Lon Fuller offered an analysis of the rule of law in the form of eight ‘canons’ of lawmaking. He argued (1) that these canons constitute a ‘procedural natural law’, as distinct from traditional ‘substantive’ natural law; but also (2) that lawmaking conforming to the canons will enhance human dignity - a ‘substantive’ result. This paper argues the following points: first, that Fuller mischaracterized his eight canons, which are substantive rather than procedural; second, that there is an important sense in which they enhance human dignity; third, that they fail to enhance human dignity to the fullest extent because they understand it in an overly libertarian fashion; and fourth, that Fuller’s overall approach to jurisprudence, in which the standpoint of practicing lawyers (not judges, legislators, or citizens) predominates, offers important insights into achieving congruence between the law ‘in books’ and law’s enforcement. However, to succeed such an account must emphasize the lawyer’s counseling role and access to legal services, which Fuller neglects.

16 citations

Journal ArticleDOI
TL;DR: The principal utility of history was not the recovery of original understandings that specifically proscribed or endorsed particular practices, nor was it to facilitate a more loose-jointed form of argument from authority, a sort of reasoning by analogy to the present from a concededly different past as mentioned in this paper.
Abstract: At the start of his lectures on American legal history at the University of Wisconsin Law School in 1978, Willard Hurst paused to tell his students what he believed his course had to offer them. The principal utility of history, in Hurst's judgment, was not the recovery of original understandings that specifically proscribed or endorsed particular practices. Nor was it to facilitate a more loose-jointed form of argument from authority, a sort of reasoning by analogy to the present from a concededly different past. Nor was it simply the "destabilizing" of the present that comes when one realizes that seemingly permanent and universally rational legal institutions are in fact historically contingent. Rather, Hurst saw the greatest value of legal history as a way of developing "a certain poise of judgment." He offered his charges Marcus Aurelius's ideal of a mind that attained the "trained bearing of a wrestler," so centered in the cosmos that its possessor kept his equanimity even in the face of "sudden onslaughts."1 One of the axes along which the poised mind knew its place was the "dimension of time." As the professional wielders of "organized power," Hurst argued, lawyers in particular

15 citations

Journal ArticleDOI
TL;DR: The authors analyzed the determinants of the compensation of private college and university presidents from 1999 through 2007 and found that the fraction of institutional revenue derived from current donations is negatively associated with compensation and that presidents of religiously-affiliated institutions receive lower levels of compensation.
Abstract: We analyze the determinants of the compensation of private college and university presidents from 1999 through 2007. We find that the fraction of institutional revenue derived from current donations is negatively associated with compensation and that presidents of religiously-affiliated institutions receive lower levels of compensation. Looking at the determinants of contributions, we find a negative association between presidential pay and subsequent donations. We interpret these results as consistent with the hypotheses that donors to nonprofits are sensitive to executive pay and that stakeholder outrage plays a role in constraining that pay. We discuss the implications of these findings for the regulation of nonprofits and for our broader understanding of the pay-setting process at for-profit as well as nonprofit organizations.

15 citations


Authors

Showing all 585 results

NameH-indexPapersCitations
Lawrence O. Gostin7587923066
Michael J. Saks381555398
Chirag Shah343415056
Sara J. Rosenbaum344256907
Mark Dybul33614171
Steven C. Salop3312011330
Joost Pauwelyn321543429
Mark Tushnet312674754
Gorik Ooms291243013
Alicia Ely Yamin291222703
Julie E. Cohen28632666
James G. Hodge272252874
John H. Jackson271022919
Margaret M. Blair26754711
William W. Bratton251122037
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Performance
Metrics
No. of papers from the Institution in previous years
YearPapers
202174
2020146
2019115
2018113
2017109
2016118