In Celebration of Jack Friedenthal
The Honorable Ruth Bader Ginsburg · November 2009 78 GEO. WASH. L. REV. 1 (2009) In a half century and more of dedication to legal education, Jack Friedenthal has earned the respect, appreciation, and affection of legions of jurists, teachers, and students. It was my good fortune to encounter him first in days when we... Read More
Dedication
The George Washington Law Review · November 2009 78 GEO. WASH. L. REV. (2009) In 1958, Jack Harlan Friedenthal began teaching at Stanford Law School. In 1988, he left Stanford for the deanship at The George Washington University Law School. He served as dean for a decade, stepping down after a decade of achievement. Since... Read More
The Aspirational Constitution
Michael C. Dorf · September 2009 77 GEO. WASH. L. REV. 1631 (2009) This Article questions the view that constitutional rights generally entrench deep values against future backsliding. Constitutional rights sometimes work that way, but, in important respects, the American experience has been quite different. Constitutional rights are typically established as the culmination of a... Read More
Offspring and Bodies: Dependency and Vulnerability in the Constitutional Jurisprudence of Reproductive Rights
Ann Shalleck · September 2009 77 GEO. WASH. L. REV. 1620 (2009) Sherry Colb offers a new way to consider reproductive rights by delineating two distinct and not always overlapping interests at stake in giving meaning to and shaping the contours of the rights implicated in reproductive decisions. Through differentiating interests in bodily integrity and... Read More
To Whom Do We Refer When We Speak of Obligations to “Future Generations”? Reproductive Rights and the Intergenerational Community
Sherry F. Colb · September 2009 77 GEO. WASH. L. REV. 1582 (2009) Ordinarily, consideration of future generations’ interests takes for granted that there will be future generations to have interests. It is, in other words, wrong to despoil the environment or fail to keep the social security system solvent because our children, grandchildren, and... Read More
Preemption Hard Look Review, Regulatory Interaction, and the Quest for Stewardship and Intergenerational Equity
William W. Buzbee · September 2009 77 GEO. WASH. L. REV. 1521 (2009) Current debates over federalism, especially preemption, center on the merits of legal structures that rely on a sole or preemptive federal regulator versus strategies that retain roles for multiple regulatory actors, especially federal, state, and local actors sharing concurrent and interacting authority.... Read More
Future Generations: A Prioritarian View
Matthew D. Adler · September 2009 77 GEO. WASH. L. REV. 1478 (2009) How should we take account of the interests of future generations? This question has great practical relevance. For example, it is front and center in arguments about global warming policy. Unfortunately, the question is doubly difficult—doubly, because it not merely implicates generic... Read More
Splitting the Atom of Property: Rights Experimentalism as Obligation to Future Generations
Jamison E. Colburn · September 2009 77 GEO. WASH. L. REV. 1411 (2009) In this Article I try to map rights experimentalism onto our most recent (re)constructions of constitutional property and show why we owe it to future generations to start thinking about property more experimentally. Ironically, many of the troubles at the interface of... Read More
Four out of Four Panelists Agree: U.S. Fiscal Policy Does Not Cheat Future Generations
Neil H. Buchanan · September 2009 77 GEO. WASH. L. REV. 1402 (2009) As part of The George Washington Law Review’s symposium What Does Our Legal System Owe Future Generations? New Analyses of Intergenerational Justice for a New Century, participants discussed the nature of intergenerational obligations as they relate to fiscal policy. The panelists reached... Read More
Social Security and Intergenerational Justice
Nancy J. Altman · September 2009 77 GEO. WASH. L. REV. 1383 (2009) What do generations owe one another? Professor Buchanan subjects to rigorous examination the commonly expressed platitude that we are obligated to future generations. In doing so, he makes a valuable contribution to the literature and thinking about intergenerational equity. In his perceptive... Read More