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.

Structuring Securities Regulation in the European Union: Lessons from the U.S. Experience

Abstract: Politics aside, the question of whether the EU should create an SEC is about the trade-offs between scale and accountability. This paper considers that trade-off in the U.S. context, with specific attention the SEC's apparent role as a "global" securities regulator on matters relating to issuer disclosure. The principal claim is that in making enforcement decisions, there will likely be a "home bias" toward domestic enforcement actions that makes extraterritorial actions less likely, thus reducing the incentives to comply. To the extent that this is typical of regulatory behavior, then there may be lessons for Europeans considering the question of institutional design. More broadly, the paper also considers some of the institutional features that make SEC enforcement policy what it is, which may or may not be exportable (or which policy makers in Europe may not want to import) to the European context.

The Limits of National Security

Abstract: The United States’ National Security Strategy, issued in May 2010, articulates an expansion in US interests that stems from the end of the Cold War Departing from a policy of industrial growth and military containment in response to geopolitical threats, US national security is now defined in terms of a wide range of potential risks that the country faces The NSS is not alone in its rather expansive view — one that significantly departs from the perspective adopted at any point in US history It represents the fourth (and most concerning) epoch in the country’s evolution, and it is beginning to find root in the law, with serious constitutional implications The article begins by considering what, exactly, is meant by “national security” It posits a Hamiltonian definition: laws and policies directed at protecting the national government in its efforts to aid in the common defense, preserve public peace, repel external attacks, regulate commerce, and engage in foreign relations It turns then to the Founding and suggests that the first epoch was marked, primarily, by the drive to Union and, secondarily, by the goals of establishing international independence and building the country’s economic strength The Civil War represented a reversion to Union as the core of American security, with recourse to international independence and economic growth following Confederate defeat The Spanish-American War brought the first epoch to a close, leading to the second, in which US national security expanded to include a formative agenda in the global environment The country would no longer be content with merely reacting to international developments; it would seek to shape the international arena Domestically, the federal government sought to limit the rapidly expanding power of private sources of power, particularly corporate entities Tensions between the goals of the first age and those of the second resulted in power struggles between the federal branches of government During the third epoch, national security became the United States’ overriding interest, rendering all other concerns subservient The economy, education, housing, health care, and civil rights came to be seen through a new lens, gaining for national security a privileged position This third epoch began not with World War I or World War II (common markers in studies of US foreign affairs), but with the rise of totalitarianism in the 1930s World War II narrowed the focus to one form of threat — communism, while during the Cold War containment of the Soviet Union became the overriding goal Resistance involved a combination of military engagement and humanitarian aid to countries resisting communist influence and, at a domestic level, the integration of industry, science, and political institutions Strides in the domestic civil rights arena also became an important response to Soviet allegations of democratic injustice The fourth, and most recent, epoch emerged with the fall of the Berlin Wall National security now dominates, making it the most powerful institutional engine Risks, broadly defined, have been folded into the framework, with emphasis now placed on the effects that may result should anticipated risks become manifest As a result, areas outside the traditional framework, such as climate change, public health, drugs, and criminal law, have been drawn into the national security infrastructure Executive branch authorities in regard to each of these areas have rapidly expanded, raising a number of constitutional concerns

Public Health Measures to Control Tuberculosis in Low-Income Countries: Ethics and Human Rights Considerations

Abstract: In low-income countries, tuberculosis (TB) control measures should be guided by ethical concerns and human rights obligations. Control programs should consider the principles of necessity, reasonableness and effectiveness of means, proportionality, distributive justice, and transparency. Certain measures - detention, infection control, and treatment to prevent transmission - raise particular concerns. While isolation is appropriate under certain circumstances, quarantine is never an acceptable control measure for TB, and any detention must be limited by necessity and conducted humanely. States have a duty to implement hospital infection control to the extent of their available resources and to provide treatment to health care workers (HCWs) infected on the job. HCWs, in turn, have an obligation to provide care unless conditions are unreasonably and unforeseeably unsafe. Finally, states have an obligation to provide adequate access to treatment, as a means of preventing transmission, as broadly as possible and in a non-discriminatory fashion. Along with treatment, states should provide support to increase treatment adherence and retention with respect for patient privacy and autonomy. Compulsory treatment is almost never acceptable. Governments should take care to respect human rights and ethical obligations as they execute TB control programs.

Rethinking Children's Advertising Policies for the Digital Age

Abstract: This article describes major changes in how video content and advertising is delivered to consumers. Digital technologies such as broadband allow consumers to stream or download programming. Smart phones and tablets allow consumers to view screen content virtually anywhere at any time. Advertising has become personalized and integrated with other content. Despite these major changes in the media markets, the framework for regulating advertising to children has not changed very much since the 1990s. This article argues that the existing regulatory framework must be reinvented to protect children in the digital age. It uses Google’s recently introduced YouTube Kids app (“YTK”), which is designed for use by children aged 5 and under, to illustrate a range of unfair or deceptive marketing practices – such as unboxing videos, brand channels, and influencer videos. Many of the videos available on the YTK app, would violate the FCC’s children’s television rules if they were shown on broadcast or cable television. The article describes the relative roles and effectiveness of the FCC and FTC in preventing advertising that takes advantage of children, who because their cognitive abilities are still developing, do not distinguish advertising from other content or understand the purpose of advertising. It identifies the traditional rationales for limiting advertising to children and finds that the same or greater concerns exist today. Finally, it discusses the prospects for updating protections for children in the digital age.