The Georgetown Law Journal | Georgetown Law Journal | Georgetown Law Close Alert Website Alert Read Alert Information Skip to Main Content Skip to Utility Navigation Skip to Primary Navigation Georgetown Law Journal Masthead Prospective Members Menu Georgetown Law Journal About Expand Navigation Masthead Prospective Members Podcasts Honoring Jennifer Sims Subscribe Expand Navigation Subscribe to GLJ Subscribe to the ARCP Submit Expand Navigation How to Write a Note: A Conversation with Published Authors Print Expand Navigation Volume 109, Issue 3 (February 2021) Volume 109, Issue 2 (December 2020) Volume 109, Issue 1 (October 2020) Women & Law 19th Amendment Edition Symposia Online ARCP GLJ Confronts Racism Expand Navigation The Breonna Taylor Prize A Deep Dive Into Qualified Immunity Search About Expand Navigation Masthead Prospective Members Podcasts Honoring Jennifer Sims Subscribe Expand Navigation Subscribe to GLJ Subscribe to the ARCP Submit Expand Navigation How to Write a Note: A Conversation with Published Authors Print Expand Navigation Volume 109, Issue 3 (February 2021) Volume 109, Issue 2 (December 2020) Volume 109, Issue 1 (October 2020) Women & Law 19th Amendment Edition Symposia Online ARCP GLJ Confronts Racism Expand Navigation The Breonna Taylor Prize A Deep Dive Into Qualified Immunity Search Georgetown Law Menu The Georgetown Law Journal Featured Articles False Influencing Alexandra J. Roberts, Volume 109.1 Continue Reading Qualified Immunity and Federalism Aaron L. Nielson & Christopher J. Walker, Volume 109.2 Continue Reading VOLUME 109 | ISSUE 3 State-Created Fetal Harm Meghan Boone & Benjamin J. McMichael Half a century of state-level restrictions on abortion access might cause a casual observer to conclude that state governments have a long-standing commitment to protecting fetal life. And yet, over the last several decades, state governments and local law enforcement are increasingly taking steps that actively undermine fetal health. Through the passage of state fetal endangerment laws and the prosecution of pregnant women under stretched interpretations of existing criminal laws, states are actively creating conditions that result in poorer fetal health outcomes—including an increase in fetal and infant death. READ MORE IN VOL 109.3 Creating Space for Community Representation in Police Reform Litigation Ayesha Bell Hardaway Input from affected communities is an essential component of the reform process aimed at remedying unconstitutional police practices. Yet, no court has ever granted a community organization’s motion to intervene as a matter of right in police reform, consent decree cases initiated by the Department of Justice. Judicial opinions in those cases have truncated the Federal Civil Rule 24 analysis when evaluating the interests of impacted communities. Thus, the most success achieved by a few community organizations has been permissive intervention or amici status. The models used by the Department of Justice to elicit the community perspective have been frustrating and have failed to incorporate community voice with equal weight and authority in the process. READ MORE IN VOL 109.3 “When You’re a Star”: The Unnamed Wrong of Sexual Degradation Daniel Maggen The #MeToo movement is often criticized for its conflation of sexual assault, sexual harassment, and offensive but not legally actionable behavior. This objection is often accompanied by criticism of #MeToo’s failure to adhere to the legal paradigms that inform sexual assault and harassment, presumably setting back the efforts to advance them. Finally, the #MeToo movement is often faulted for its failure to accord those it accuses with the procedural safeguards of due process. READ MORE IN VOL 109.3 Presidential Review: The President’s Statutory Authority over Independent Agencies Cass R. Sunstein & Adrian Vermeule Many presidents have been interested in asserting authority over in-dependent regulatory agencies such as the Federal Trade Commission, the Federal Communications Commission, the Nuclear Regulatory Commission, the Securities and Exchange Commission, and the Federal Reserve Board. The underlying debates raise large constitutional questions, above all about the meaning and justification of the idea of a “unitary executive.” READ MORE IN VOL 109.3 Is This Really the Best We Can Do? American Courts’ Irrational Efforts Clause Jurisprudence and How We Can Start to Fix It Charles Thau This Note presents an original argument regarding a significant and recurring issue within commercial contract law: efforts clauses. Many practitioners perceive efforts clauses as operating on a sliding scale, with “best efforts” imposing more burdensome obligations than “reasonable efforts,” for example. The majority of American courts, however, reject this hierarchical notion. Reasoning on both a linguistic and prudential basis, this Note argues that efforts clauses should be interpreted hierarchically. READ MORE IN VOL 109.3 Featured News The new top editor of Georgetown’s flagship law journal is ‘undocumented and unafraid’ March 18, 2021 "With every accomplishment she achieves, she turns around and thinks of how to smooth the road for those behind her.” The Georgetown Law Journal editor in chief Agnes Lee's activism for undocumented immigrants has continued throughout her time at Georgetown University. As an undergraduate, Lee stood out as a leader among students who opposed then-Homeland Security Secretary Jeh Johnson's invitation to be a graduation speaker and also delivered a TEDx talk which revealed her own undocumented status. Lee is believed to be the first openly undocumented student elected to lead a flagship journal at a top U.S. law school. At the Journal's helm, Lee is working to broaden and diversify the ranks of authors and student leaders. For the first time, flagship law journals at top U.S. law schools are all led by women, By Ann E. Marimow, The Washington Post February 7, 2020 Volume 108 Editor-in-Chief Grace Paras and Volume 109 Editor-in-Chief Toni Deane are featured in The Washington Post. For the first time ever, all Editors-in-Chief for the top sixteen law schools in the country are women. Toni Deane is our first Black Editor-in-Chief. 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