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.

A Public Interest Perspective on the Impact of the Broadcasting Provisions of the 1996 Act

Abstract: This article was part of a symposium on the Tenth Anniversary of the Telecommunications Act of 1996. It addresses three provisions relating to broadcasting: 1) Section 201, which added a new Section 336 to the Communications Act, governs the transition from analog to digital television; 2) Section 202, which directed the Federal Communications to change or review its broadcast ownership limits; and 3) Sections 203 and 204 which made changes to the license renewal process. After examining what had happened with respect to each of these provisions over the past decade, the article concludes that these provisions have not served the public interest and that the problems have been exacerbated by FCC inaction and delay.

Codetermination and Corporate Governance in a Multinational Corporation

Abstract: The article analyzes employee codetermination in corporate governance by comparing American and German systems of corporation and labor law and assesses how the systemic differences affect the internal governance of a multinational corporation. It examines what happens when the two systems of corporate law and labor relations merge and consequently come into conflict?as when a German corporation merges with an American corporation to form a truly multinational entity. Using the Daimler-Chrysler merger as an illustration, the article argues that codetermination in a multinational enterprise creates an incentive for managers to appease home country (German) employees at the expense of foreign labor. The prospect for opportunistic alliance among managers, shareholders, and domestic employees suggests that codetermination in a multinational enterprise imposes distributional costs on foreign workers and perhaps also efficiency loss for the corporation.

A Framework Convention on Global Health: Health for All, Justice for All

Abstract: Health inequalities represent perhaps the most consequential global health challenge and yet they persist despite increased funding and innovative programs. The United Nations is revising the Millennium Development Goals (MDGs) that will shape the world for many years to come. What would a transformative post-MDG framework for global health justice look like? A global coalition of civil society and academics — the Joint Action and Learning Initiative on National and Global Responsibilities for Health (JALI) — has formed an international campaign to advocate for a Framework Convention on Global Health (FCGH). Recently endorsed by the UN Secretary-General, the FCGH would reimagine global governance for health, offering a new post-MDG vision. This Special Communication describes the key modalities of an FCGH to illustrate how it would improve health and reduce inequalities. The modalities would include defining national responsibilities for the population’s health; defining international responsibilities for reliable, sustainable funding; setting global health priorities; coordinating fragmented activities; reshaping global governance for health; and providing strong global health leadership through the World Health Organization.

Globalization and Distrust

Abstract: There was a time when the critics of international law denounced it for its irrelevance, its masquerade of power. Now in the post-ontological era of international law, the critique has shifted. Today, international law is denounced not for its weakness, but for its vigor, specifically its transfer of authority from local to international tribunals. Critics find a democratic deficit in almost all international institutions - from the World Trade Organization, to the International Criminal Court, to even the World Health Organization. Critics also denounce U.S. courts for serving as vassals of international law through the jurisdictional grant of the Alien Tort Statute. Three decades ago, the Warren Court's constitutional pronouncements overruling the judgments of the American people were similarly decried as judicial usurpation. John Hart Ely's magisterial intervention in his legal process classic, Democracy and Distrust, rescued the judiciary from illegitimacy. Today's democratic deficit is yesterday's countermajoritarian difficulty. This Article tests the transnational legal process against Ely's vision of democracy. Three case studies make the inquiry concrete: (1) Sosa v. Alvarez-Machain, the Supreme Court's recent decision regarding the application of international law in U.S. courts; (2) the online gambling claim brought by Antigua against the United States in the World Trade Organization; and (3) the International Monetary Fund's intervention in Indonesia at the height of the Asian Financial Crisis. Through these studies, I demonstrate that the transnational legal process operates through (and is consistent with) national democratic processes, permitting review, revision, and rejection through such processes. Furthermore, the part of international law that purports to be super-constitutional - jus cogens - can be seen as representation reinforcement - supplying minority protections in a world that has come sadly to see the need for them.

Engaging Racial and Ethnic Groups in the Regulation of Research: Lessons from Research in Emergency Settings

Abstract: The rapid growth of gene sequence repositories - almost all of which collect and retain participants’ racial and ethnic affiliations - reinvigorates debates about the need to protect groups from research-related harms. Successful implementation of such a strategy likely will require researchers to engage with potentially affected groups prior to commencing research. To date, research in emergency settings (RES) provides the only experience of community engagement requirements in the context of medical research. I assess law reform options that have been proposed in the RES context, before considering the potential for such reforms to improve the effectiveness of policies requiring researchers to engage with racial and ethnic group members prior to commencing research.