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 & Public health. The organization has 585 authors who have published 2488 publications receiving 36650 citations. The organization is also known as: Georgetown Law & GULC.

Foreword: The Crisis Without a Face: Emerging Narratives of the Financial Crisis

Abstract: This Foreword to a themed volume of the University of Miami Law Review relates the different contributions to the volume to emerging narratives of the financial crisis: monetary policy, deregulation, bad regulation, innovation run amok, and greed. It emphasizes how this crisis has been different from other recent crises because of the lack of a representative face, and how this anonymity has made it more difficult to understand the crisis.

Wal-Mart Bank in Mexico: Money to the Masses and the Home-Host Hole

Abstract: In November 2006 Wal-Mart's Mexican subsidiary received approval to open a bank. The application faced little opposition in Mexico, unlike the company's failed effort to start a bank in the United States. This was partly because in Mexico, Wal-Mart's entry was generally regarded as increasing competition in a historically concentrated banking sector. With over three-quarters of all Mexicans unbanked, the authorities also looked to Wal-Mart to reach the underserved. Along with the promise, Wal-Mart's entry presents a transnational regulatory dilemma with implications beyond Wal-Mart and Mexico. Because it is Wal-Mart's only banking venture, the new institution will have its Mexican host as the sole supervisor. The corporate headquarters in the United States will remain unregulated at home and beyond Mexico's reach. This home-host hole is inevitable where supervisory harmonization proceeds against the background of regulatory diversity: the United States has a policy against combining banking and commerce; Mexico does not. The hole presents risks for Mexico; however, this Article argues that patching the hole with more centralization at the international level may come at Mexico's expense.

How Do Nonprofit Firms Respond to Tax Policy

Abstract: We investigate the effects of variations in the value of the charitable contribution deduction on nonprofit firm behavior, including exploring for the first time the effects of the tax-price of giving on fundraising. We find that a one-percent increase in tax subsidies is correlated with a 2.0-percent increase in fundraising, while the elasticity of real charitable output to changes in tax price is less than one in absolute value for most firms. We derive a new equation for treasury efficiency in the presence of fundraising, and find that while our point estimates still support treasury efficiency, our confidence intervals are wide enough to allow some possibility that the deduction is not cost effective. Further, the modest elasticity of charitable output to tax price implies that tax subsidies can crowd out other revenue sources, such that the efficacy of the subsidy depends on the relative efficiency of these alternative sources.

A Mask that Eats into the Face: Images and the Right of Publicity

Abstract: In their eagerness to reward celebrities for the power of their “images,” and to prevent other people from exploiting those images, courts have allowed the right of publicity to distort the First Amendment. The power of the visual image has allowed courts to create an inconsistent, overly expansive regime that would be easily understood as constitutionally unacceptable were the same rules applied to written words as to drawings and video games. The intersection of a conceptually unbounded right with a category of objects that courts do not handle well has created deep inconsistencies and biases in the treatment of visual and audiovisual media, particularly comics and video games. These problems show up both in First Amendment defenses and in copyright preemption analysis. The possible arguments one might offer for treating images differently are insufficient to justify this disparity. The Article concludes that, absent the distortion produced by images, the right of publicity would properly be understood as sharply limited.

Executive Action to Expand Health Services in the Biden Administration

Abstract: President Biden’s health platform is ambitious, encompassing a public insurance option, a reduced age of eligibility for Medicare, and expanded tax credits to subsidize premiums. Yet, with divided government, he may be unable to achieve bold health reforms. However, his administration can substantially improve health care access through executive action. In this Viewpoint, we propose a series of measures that could increase access to insurance coverage and health care that are achievable under the Affordable Care Act (ACA) and Medicaid.