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.

Following the Money: A Better Way Forward on the Protect IP Act

Abstract: The Internet addressing and filtering provisions of the proposed PROTECT IP Act should not become law. They cannot promise efficacy, and they threaten significant collateral harm.However, the bill offers potentially useful new tools to reduce the revenue of sites dedicated to selling, or profiting from, infringing media or counterfeit goods. These financial provisions have earned much less controversy than the Internet addressing and filtering provisions.One way to address many of the problems with the PROTECT IP Act would be to strip the Internet blocking provisions out of the bill, and pass a surgically focused law that will confer potentially important new powers on law enforcement (and possibly on private rightholders) to dry up revenue sources for “rogue” web sites. Such a revised bill would avoid a host of other harms: it would preserve the future value of the .com domain names in which American businesses have already invested. It would protect America’s role as a global leader and de facto standard setter in Internet governance, and the economic advantages that come with that role. It would avoid the significant First Amendment problems that make the present draft of the PROTECT IP Act — and the current domain name seizures under color of existing law — vulnerable to constitutional challenges. And last, it would avoid chilling future innovations in computing technology, online media, and broadband network design.

Fighting Domestic Violence in the Nation’s Capital

Abstract: Every year, in the District of Columbia alone, the Metropolitan Police Department receives more than 18,000 calls for help from victims of domestic violence, and more than 2,500 battered women bring legal actions requesting protection from their abusers. Thousands of other cases go unreported, either because the victims are too afraid of their batterers to report the violence, or because they do not know how to obtain relief to which they are entitled.

A Process of Natural Correction: Arbitrage and the Regulation of Exchange-Traded Funds Under the Investment Company Act

Abstract: This Article seeks to distill the underlying assumptions, goals, and regulatory values that inform the history of exemptive relief under the Investment Company Act for equity index ETFs and, more recently, actively managed, transparent ETFs. The Article concludes that the common principles behind various exemptions unite to support a general theory of how regulators believe the ETF market should function. Transparency, at both the index and the portfolio level, has been the cornerstone of exemptive relief from various provisions of the Act, because it fosters an arbitrage mechanism that protects retail investors by creating price effects that ripple through the secondary market and push prices toward net asset value. Embedded within exemptions from various strictures of the Act is an implicit recognition that the natural corrective abilities of a liquid and transparent ETF market adequately protect investors from price dislocations.

Construction Dispute Boards

Abstract: Legally, construction projects involve specific issues because they bring with them a large number of hazards and related risks. Each project is unique, being accompanied by variations and complications of different natures. Contracting parties usually allocate risk to the party best able to control it. However, there is sometimes uncertainty about who is to bear a particular risk and to what extent. The reason may lay in a poorly drafted contract or in ignoring its provisions. In other cases, the parties are not willing to bear the consequences of the risks allocated to them. These and many other situations often give rise to disputes. Settlement of disputes in construction requires speed, an informal approach and expertise. This is why every good contract includes a dispute resolution system. Adjudication is the most popular alternative to litigation as it is a fast and relatively cheap way of settling disputes. An impartial, third body known as a ‘Dispute Board’ is responsible for resolving the dispute between the parties.

Race, Geography, and Mobility

Abstract: Racism in the United States has proven to be a remarkably recombinant ideology, ever shifting in its dominant practices and expressions, but invariably reproducing distinctions among people as justifications for preserving social distance. This article, through a recovery of the history of “Hindu” exclusion from the United States in the early twentieth century, traces the emergence of what some scholars have identified as the “neo-racism” of our contemporary global order, a “racism without races” that disappears into the naturalized horizon of national boundaries. Almost as soon as Indians began immigrating to the United States, exclusionists hoped to pass a Hindu Exclusion Act modeled after the Chinese Exclusion Acts. Though their efforts failed, in 1917, another law, barring immigration from an invented “Asiatic Barred Zone,” was passed by Congress with an overwhelming majority. The ingenuity of that law was that it restricted immigration not on the basis of identity — racial or national — but on the basis of geographic origin. That law powerfully shifted the ground of exclusion from racialized bodies to the apparently neutral and natural relation between peoples and places.