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.

Boundaries Dimly Perceived: Law, Religion, Education, and the Common Good

Abstract: Battleground: One Mother's Crusade, the Religious Right, and the Struggle for our Schools. By Stephen Bates. H. Holt 1994. Pp. 365. $24.00. ISBN: 0-671-79358-6. Boundaries Dimly Perceived: Law, Religion, Education, and the Common Good. By Christopher F. Mooney. U. of Notre Dame Press 1990. Pp. viii, 192. $26.95. ISBN: 0-268-00682-2. Catholic Schools and the Law: A Teacher's Guide. By Mary Angela Shaughnessy. Paulist Press 2000. Pp. 192. $8.95. ISBN: 0809-13964-2. Education, Religion, and the Supreme Court. By Richard C. McMillan. Assn. of Baptist Professors of Religion 1979. Pp. 129. $8.95. ISBN: 0-932-18005-1. Everson Revisited: Religion, Education, and Law at the Crossroads (Religious Forces in the Modern Political World). Edited by Jo Renaee Formicola & Hubert Morken. Rowman & Littlefield 1997. Pp. 272. $82.50. ISBN: 0-847-68650-7. Paper. $27.95. ISBN: 0-847-68651-5. Home Schooling and the New Code of Canon Law. By Edward N. Peters. Christendom College Press 1988. Pp.46. $3.95. ISBN: 0-93188829-8. The Influence of the Medieval University on the Latin Church and Secular Government Politics: From the Later Middle Ages to Early Modern Times. By John C. Scott. Edwin Mellen Press 1992. (Pp. NA.) $89.95. ISBN: 0-773-49836-2. And Nothing but the Truth: Real-Life Stories of Americans Defending their Faith and Protecting their Families. By Jay Sekulow & Keith Fournier. T. Nelson Publishers 1996. Pp.276. $19.00. ISBN: 0785-27363-8. Objective, Fair and Balanced: A New Law for Religion in Education. (British Humanist Association). The Association 1975. Pp. 72. (Out of print.) ISBN: 0-901-82509-3. Religion, Education, and the Suspreme Court. By Thayer S. Warshaw. Abingdon 1979. Pp. 99. $25.30. ISBN: 0-687-36006-4. Religion in the Public Schools: A Summary of the Law. By Marc D. Stern. Am. Jewish Congress 1993. Pp. 35. $5.00. ISBN: 9-99484902-6.

Negative innovation: when patents are bad for patients

Abstract: Incentives in patent law have driven innovation into spaces that are affirmatively harmful to patients, and patentees are discouraged from taking steps to improve the product so as to prevent adverse health outcomes.

Wasting Away in Paretoville: Reply to Cass Sunstein

Abstract: In Willingness to Pay vs Welfare (posted on SSRN), Cass Sunstein offers a set of notable conclusions Welfare, not wealth maximization, is the important goal for legal decisions Willingness to pay (WTP) is not a good measure of welfare if (as usual) information is inadequate and some people are poor Beyond satisfying basic needs, wealth also is not a good measure of welfare Substantial wealth redistribution is justified even if it is inefficient in a narrow sense People often make choices that do not improve their own welfare The trouble, in our view, is that Sunstein does not go far enough He begins his analysis by arguing that WTP is a good measure of welfare in certain "core cases," illustrated by the imaginary city of Paretoville In Paretoville, people are well-informed, self-interested, and equal in wealth There aren't any externalities there, and public goods do not play a role Paretoville is, we argue, an exceedingly peripheral, not "core," case It should not be the starting point for analysis It does not call into question Sunstein's sounder insight that WTP is a poor measure of welfare Nevertheless, Sunstein can't seem to leave Paretoville behind If he leaves Paretoville, and WTP along with it, then what of the cost-benefit analysis which he has so fervently promoted and which depends so crucially on WTP? And what of the economic theories from which much of his work is launched? Our simple advice: let them go There are better destinations ahead The large importance and generous vision of Sunstein's article lie in his embrace of the egalitarian assumption of the comparability and comparable worth of all human beings This assumption shatters the old economic theories and drives Sunstein toward a break with the past, perhaps a more fundamental one than he realizes

Mediating Multiculturally: Culture and the Ethical Mediator

Abstract: This commentary on mediating multiculturally in a chapter of Mediation Ethics (edited by Ellen Waldman) suggests there are times when mediators should not mediate, because of their own ethical commitments Commenting on a hypothetical divorce scenario (of Ziba, a 17 year old from her 44 year old husband, with two children aged 3 and 2, where the parties claim to want Shari’a principles to apply), the author (Carrie Menkel-Meadow) suggests that she would not mediate a case which might violate formal laws (American marriage and divorce laws) or infringe on rights that one of the parties might not be fully aware of A variety of sources of ethics, including formal law, legal and mediation ethical rules, and personal ethical commitments may structure how mediators choose whether to take a case, educate the parties about their rights, make a referral, or how to mediate if complex (and different for each of the parties and/or the mediator) legal, moral, religious and cultural values are at stake The chapter contains contrasting views expressed by two different mediators, with summary and commentary by the book’s editor

Deconstructing Section 11: Public Offering Liability in a Continuous Disclosure Environment

Abstract: This paper considers whether the prevailing liability structure under Section 11 of the Securities Act of 1933 makes sense as applied to large capitalization issuers. This, in turn, requires an evaluation of whether the alternative structure for liability, that under Rule 10b-5 and the periodic disclosure requirements of the Securities Exchange Act of 1934, is sufficient or deficient in terms of promoting adequate disclosure. The paper suggests some fine-tuning under the '34 Act designed to bring better external certification, particularly by accountants, into the picture. More radical reforms are justified under the '33 Act, including the essential abandonment of underwriter due diligence liability.