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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: This paper examined the stability of risk preferences across contexts involving different stakes and found evidence of stability across contexts of the same magnitude, but not across context involving stakes of very different magnitudes.
Abstract: We examine the stability of risk preferences across contexts involving different stakes. Using data on households' deductible choices in three property insurance coverages and their limit choices in two liability insurance coverages, we assess the stability across the five contexts in the ordinal ranking of the households' willingness to bear risk. We find evidence of stability across contexts involving stakes of the same magnitude, but not across contexts involving stakes of very different magnitudes. Our results appear to be robust to heterogeneity in wealth and access to credit, complicating seemingly ready explanations.

2 citations

Journal ArticleDOI
TL;DR: The evidence for hormesis is sufficiently strong that the government should alter its default presumption of linear doseresponse models, but the recommendation is unwarranted at this time.
Abstract: Professor Cross concludes that "the evidence for hormesis is sufficiently strong that the government should alter its default presumption of linear doseresponse models." Although we do not doubt that hormetic effects have been proven for some substances and some end points, we believe, for several reasons, that Professor Cross's recommendation is unwarranted at this time. Before turning to our reasons for rejecting Professor Cross's proposal, a definitional note is in order. Hormesis is "the stimulatory effect of subinhibitory concentrations of any toxic substance on any organism." Put simply, substances that exhibit hormetic effects may be beneficial to health at low doses but harmful at high doses. Small amounts of vitamin A, for example, are required for human survival, but large amounts are toxic; either exposure extreme, in other words, can be fatal. Many of the substances that have been shown to have a J-shaped dose-response curve a curve

2 citations

Posted Content
TL;DR: This article argued that despite the shared intentions of federal statutes, regulations, policies, and case law in all of these realms, local and state agencies fail to timely and effectively provide children with the mental health and educational services they require.
Abstract: On the heels of the recession, the recent U.S. Census data reveals that the percentage of children living in poverty in the United States has grown to almost a quarter. Because children from low-income families are more likely to be exposed to high levels of stress, violence, abuse, overcrowding and other risk factors, they are far more likely to develop a mental health disorder — and to have their mental health needs go unmet. Rather than receive the necessary educational and mental health services, these children are often suspended and expelled, funneled through the “school-to-prison pipeline” into the juvenile and criminal justice systems, which are not equipped to meet their needs.This article analyzes legal regimes related to child welfare, juvenile justice, disability rights, healthcare, and special education, and argues that they are all explicitly structured to ensure that children with behavioral and emotional problems receive services and treatment in the community and remain out of institutional settings whenever possible. While most scholars, courts, attorneys, and systems view the needs of at-risk children through one particular lens, this article makes an important contribution through its holistic examination of the intersections among these multiple legal regimes. Despite the shared intentions of federal statutes, regulations, policies, and case law in all of these realms, local and state agencies fail to timely and effectively provide children with the mental health and educational services they require. Instead, child-serving agencies continue to institutionalize children from low-income families, and particularly children of color, in residential treatment facilities, to the detriment of those youth and at high cost to taxpayers. Having presented a synthesis of the intersections among these legal regimes, the article assesses the reasons for this disjunction between their shared goals and the reality that many children living in poverty are often unable to gain access to necessary community-based services. The compartmentalization of child-serving legal systems into isolated silos, the stigma surrounding mental illness, and the scarcity of children’s mental health providers all contribute to this disjunction. Drawing upon research from the fields of health policy, psychology, and social work, the article argues that coordination among public agencies and implementation of scientifically proven treatments in children’s mental healthcare, known as evidence-based practices, can achieve the shared vision of federal legal regimes that children with mental health disorders remain in their homes and communities, and achieve true inclusion, stability and mental health.

2 citations

Posted Content
TL;DR: Caremark is also a procedural opinion, approving a proposed and agreed-upon settlement (thus generally eliminating the likelihood of appeal), but rather than simply evaluating the claims and terms, it develops and sets forth descriptions of director obligations in an era of tremendous corporate growth and expansion.
Abstract: Good faith produces good procedures and good procedures produce good outcomes. These statements are descriptive of much of Delaware's corporate law as well as the Delaware courts' approach to fiduciary duties. In re Caremark International Inc., Derivative Litigation exemplifies this approach through its emphasis on monitoring and good-faith processes and procedures as well as through its procedural place in history. This essay explores the procedural elements of Caremark and the cases that followed and expanded its contours while focusing on the ways in which Caremark's procedure and substance are intertwined. Caremark exemplifies the connections between procedure and substance in several ways. For example, Caremark and its progeny shifted the focus from exculpable care claims to non-exculpable good-faith claims. It took several opinions to change the motion-to-dismiss pleading standards, but Caremark initiated this transition. Further, as the pleading process changed and cases survived the motion to dismiss, good faith evolved from a procedural pleading mechanism to a defined, substantive directorial obligation, expanding the duty of loyalty from its traditional, financial-conflict-based focus. Additionally, the pressure for the settlement in Caremark arose, in part, out of the then-recent federal organizational sentencing guidelines: rules created through a process designed to diminish perceived inequities and judicial discretion. Caremark is also a procedural opinion, approving a proposed and agreed-upon settlement (thus generally eliminating the likelihood of appeal), but rather than simply evaluating the claims and terms, it develops and sets forth descriptions of director obligations in an era of tremendous corporate growth and expansion. Sarbanes-Oxley's section 404, although several years later in time, creates federal disclosure requirements around internal controls and procedures - the same type of systems at issue in Caremark. In doing so, Congress and the Securities and Exchange Commission pressured Delaware to update is law on directorial roles. The result was the other good-faith opinions in this essay that arose in part from the federal process and pressure.

2 citations

Journal ArticleDOI
TL;DR: In this paper, the authors draw from the New Market Lab's program on FTAs and the SDGs and incorporate reforms, targeted mainly at FTAs, that could better leverage international trade to drive sustainable development.
Abstract: The current global pandemic illustrates that existing trade agreement models, including free trade agreements (FTAs), present challenges when countries must deal with exogenous shocks. As economies reopen worldwide, the time is ripe to re-conceptualize trade agreements and align them with the United Nations Sustainable Development Goals (SDGs) in order to afford a recovery that is both inclusive and equitable. This team report draws from New Market Lab’s program on FTAs and the SDGs. The report incorporates reforms, targeted mainly at FTAs, that could better leverage international trade to drive sustainable development. The report’s recommendations will examine some of the mainstays of FTAs (e.g., trade facilitation, intellectual property rights, and investment) and integrate under-represented topics (e.g., gender, small and medium-sized enterprises, and circular economy), addressing gaps from a sustainable development perspective and thereby ensuring an inclusive road to recovery.

2 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