Does Intergenerational Justice Require Rising Standards of Living?
Lawrence Zelenak · September 2009 77 GEO. WASH. L. REV. 1358 (2009) In his provocative and insightful contribution to this symposium, What Do We Owe Future Generations?, Neil Buchanan takes issue with the conventional wisdom that the United States is harming its future generations by running large and persistent federal budget deficits. He focuses particular... Read More
The Long-Term U.S. Fiscal Gap: Is the Main Problem Generational Inequity?
Daniel Shaviro · September 2009 77 GEO. WASH. L. REV. 1298 (2009) The United States is currently on an unsustainable long-term fiscal path. In the long run, everything must be paid for in one way or the other; there is no free lunch. Our current tax and spending policies, however, would fall vastly short over... Read More
What Do We Owe Future Generations?
Neil H. Buchanan · September 2009 77 GEO. WASH. L. REV. 1237 (2009) Every decision that we make today can either directly or indirectly affect the interests of future generations, both those generations already born and those to be born in the decades and centuries after we are gone. Even if it is unlikely that... Read More
Just(ice) in Time for Future Generations: A Response to Hockett and Herstein
David DeGrazia · September 2009 77 GEO. WASH. L. REV. 1216 (2009) To whom or what do we have moral obligations? To whom or what should we have legal obligations? Is it possible that some recipients, or beneficiaries, of our obligations are not currently existing persons? Might some of them be human beings who are... Read More
The Identity and (Legal) Rights of Future Generations
Ori J. Herstein · September 2009 77 GEO. WASH. L. REV. 1173 (2009) What is the moral significance of “future generations”? Can they be the subjects of (legal) rights? And if so, do they have rights? The first part of this Article reflects on who or what in future generations is of moral significance, exploring... Read More
Justice in Time
Robert Hockett · September 2009 77 GEO. WASH. L. REV. 1135 (2009) Challenges raised by the subject of intergenerational justice seem often to be thought almost uniquely intractable. In particular, apparent conflicts between the core values of impartiality and efficiency raised by a large and still growing number of intertemporal impossibility results derived by Koopmans,... Read More
A New Interpretation, an Absurd Result: How HHS is Short-Changing Children with Severe Mental Illness
Stephen Satterfield · June 2009 77 GEO. WASH. L. REV. 1114 (2009) In 2001, the Department of Health and Human Services’ Office of the Inspector General (“OIG”) began a series of audits of states’ claims for federal assistance under the Medicaid program. These claims for “federal financial participation” (“FFP”) were essentially states’ requests for federal... Read More
Patent Reexamination and the Seventh Amendment
Megan Keane · June 2009 77 GEO. WASH. L. REV. 1101 (2009) Because patents are increasingly valuable and the number of patents issued increases every year, oversight by the U.S. Patent and Trademark Office (“PTO”) and the judiciary must be streamlined to ensure the patent holders’ rights are protected. After a patent has been issued... Read More
Independent Litigation Authority and Calls for the Views of the Solicitor General
Elliott Karr · June 2009 77 GEO. WASH. L. REV. 1080 (2009) The creation of independent agencies within the executive branch has produced a significant amount of scholarly debate about how the executive power should be distributed within the federal government. Although the existence of these independent agencies is likely to continue, the debate over... Read More
The Fault, Dear PCAOB, Lies Not in the Appointments Clause, but in the Removal Power, That You Are Unconstitutional
Julian Helisek · June 2009 77 GEO. WASH. L. REV. 1063 (2009) Free Enterprise Fund v. Public Co. Accounting Oversight Board, easily one of “the most important separation-of-powers case[s] regarding the President’s appointment and removal powers . . . in the last 20 years,” is off to the Supreme Court. The case involves a facial challenge to... Read More