George D. Brown

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Notes on a Terrorism Trial – Preventive Prosecution, “Material Support” and The Role of The Judge after United States v. Mehanna, Harvard National Security Journal (2013)

The terrorism trial of Tarek Mehanna, primarily for charges of providing “material support” to terrorism,...

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Accountability, Liability, and the War on Terror -- Constitutional Tort Suits as Truth and Reconciliation Vehicles, Florida Law Review (2011)

This Article examines the role of civil suits in providing accountability for the Bush administration's...

Link

**'Counter-Counter-Terrorism Via Lawsuit' - The Bivens Impasse**, Southern California Law Review (2009)

This Article deals with one of the most difficult questions arising out of the war...

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Political Judges and Popular Justice: A Conservative Victory or a Conservative Dilemma?, William and Mary Law Review (2008)

Most of the judges in America are elected. Yet the institution of the elected judiciary...

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The Gratuities Debate and Campaign Reform – How Strong is the Link?, Wayne Law Review (2006)

The federal gratuities statute, 18 USC § 201(c), continues to be a source of confusion...

Link

Carte Blanche: Federal Prosecution of State and Local Officials After Sabri, Catholic University Law Review (2005)

Federal prosecutions of state and local officials for political corruption are a significant feature of...

Link

Counterrevolution? - National Criminal Law after Raich, Ohio State Law Journal (2005)

This article provides an in-depth analysis of the Supreme Court's recent decision in Gonzales v....

Link

New Federalism's Unanswered Question: Who Should Prosecute State and Local Officials for Political Corruption?, Washington and Lee Law Review (2003)

This Article examines a fundamental tension in the effort to attack corruption and achieve "reform."...

Link

**Constitutionalizing the Federal Criminal Law Debate: Morrison, Jones, and the ABA**, University of Illinois Law Review (2001)

This article considers the impact of recent Supreme Court cases on the reach and interpretation...

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**Putting Watergate Behind Us: Salinas, Sun-Diamond, and Two Views of the Anticorruption Model**, Tulane Law Review (2000)

A central question in the ongoing debate over the future of the American political system...

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The Ethics Backlash and the Independent Counsel Statute, Rutgers Law Review (1999)

In this Article, Professor George D. Brown explores the role of the Office of Independent...

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Stealth Statute – Corruption, the Spending Power, and the Rise of 18 U.S.C. § 666, Notre Dame Law Review (1998)

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**Should Federalism Shield Corruption?—Mail Fraud, State Law and Post-Lopez Analysis**, Cornell Law Review (1997)

In this Article, Professor Brown examines the issues that federal prosecutions of state and local...

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The Constitution as an Obstacle to Government Ethics -- Reformist Legislation after National Treasury Employees Union, William and Mary Law Review (1996)

Binding Advisory Opinions: A Federal Courts Perspective on the State School Finance Cases, Boston College Law Review (1994)

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The Ideologies of Forum Shopping - Why Doesn't a Conservative Court Protect Defendants?, North Carolina Law Review (1993)

In this Article, Professor George Brown identifies a seeming inconsistency in the Supreme Court’s treatment...

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**Federal Common Law and the Role of the Federal Courts in Private Law Adjudication - A (New) Erie Problem?**, Pace Law Review (1992)

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Bright Lines, Wisconsin Law Review (1991)

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**Dealing with Younger Abstention as a Part of Federal Courts Reform - The Role of the Vanishing Proposal**, Brigham Young University Law Review (1991)

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**When Federalism and Separation of Powers Collide - Rethinking Younger Abstention**, George Washington Law Review (1990)

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Nonideological Judicial Reform and Its Limits - The Report of the Federal Courts Study Committee, Washington and Lee Law Review (1990)

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Has the Supreme Court Confessed Error on the Eleventh Amendment? Revisionist Scholarship and State Immunity, North Carolina Law Review (1990)

The simple text of the eleventh amendment belies the complexity of the jurisprudence surrounding it....

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**Letting Statutory Tails Wag Constitutional Dogs - Have the Bivens Dissenters Prevailed?**, Indiana Law Journal (1989)

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**Article III as a Fundamental Value -- The Demise of Northern Pipeline and Its Implications for Congressional Power**, Ohio State Law Journal (1988)

The Tenth Amendment is Dead. Long Live the Eleventh!, Intergovernmental Perspective (1987)

**Municipal Liability under Section 1983 and the Ambiguities of Burger Court Federalism: A Comment on City of Oklahoma City v. Tuttle and Pembaur v. City of Cincinnati -- The 'Official' Policy Cases**, Boston College Law Review (1986)

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**Beyond Pennhurst: Protective Jurisdiction, the Eleventh Amendment, and the Power of Congress to Enlarge Federal Jurisdiction in Response to the Burger Court**, Virginia Law Review (1985)

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State Sovereignty Under the Burger Court -- How the Eleventh Amendment Survived the Death of the Tenth: Some Broader Implications of Atascadero State Hospital v. Scanlon, Georgetown Law Journal (1985)

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**Of Activism and Erie- The Implication Doctrine's Implications for the Nature and Role of the Federal Courts**, Iowa Law Review (1984)

It is clear that Erie is a major precedential foundation for Justices Powell and Rehnquist...

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Pennhurst as a Source of Defenses for State and Local Governments, Catholic University Law Review (1982)

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The Courts and Grant Reform: A Time for Action, Intergovernmental Perspective (1981)

Federal Funds and Federal Courts - Community Development Litigation as a Testing Ground for the New Law of Standing, Boston College Law Review (1980)

The Revenue Sharing Gauntlet: Fiscal Federalism at the Crossroads (with James M. Howell), National Civic Review (1979)

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Federal Funds and National Supremacy: The Role of State Legislatures in Federal Grant Programs, American University Law Review (1979)

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Review of Environmental and Land Controls Legislation by Daniel R. Mandelker, Environmental Affairs (1978)

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Beyond the New Federalism: Revenue Sharing in Perspective, Harvard Journal on Legislation (1977)

In 1972 Congress added General Revenue Sharing to the list of federal grant-in-aid programs for...

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State Land Use Laws and Regional Institutions, Environmental Affairs (1975)

Home Rule in Massachusetts: Municipal Freedom and Legislative Control, Massachusetts Law Quarterly (1973)

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DeGaulle's Republic and the Rule of Law: Judicial Review and the Conseil d'Etat, Boston University Law Review (1966)

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An Introduction to the Community Development Litigation and Its Impact, Awakening the Slumbering Giant: Intergovernmental Relations and Federal Grant Laws: A Report of and Papers from ACIR's Conference on Federal Grant Law (1980)

Paper from Advisory Committee on Intergovernmental Relations Conference on Federal Grant Law held December 12,...

Link

Anti-terror fight on trial, The Boston Herald (2011)

Vote No to Public Funding (with Thomas R. Kiley), The Boston Globe (2002)

There is virtually no limit on the total amount of taxpayer dollars that ultimately could...

Link

Federal Government Rescues States from Corruption Trials, Boston Sunday Herald (2002)

Conference Co-organizer & Panelist, Defending Terrorism Charges: A Lawyer's Perspective on United States v. Mehanna, Clough Center for the Study of Constitutional Democracy (2012)

Lessons from the Mehanna trial, Boston Public Law Study Group (2011)

Link

Panelist, Obama and Executive Power: The Case of National Security: Lessons Learned, Boston College Clough Center for the Study of Constitutional Democracy (2010)

George D. Brown

Boston College Law School

Expertise

Courses/Seminars

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Articles

Notes on a Terrorism Trial – Preventive Prosecution, “Material Support” and The Role of The Judge after United States v. Mehanna, Harvard National Security Journal (2013)

Accountability, Liability, and the War on Terror -- Constitutional Tort Suits as Truth and Reconciliation Vehicles, Florida Law Review (2011)

'Counter-Counter-Terrorism Via Lawsuit' - The Bivens Impasse, Southern California Law Review (2009)

Political Judges and Popular Justice: A Conservative Victory or a Conservative Dilemma?, William and Mary Law Review (2008)

The Gratuities Debate and Campaign Reform – How Strong is the Link?, Wayne Law Review (2006)

Carte Blanche: Federal Prosecution of State and Local Officials After Sabri, Catholic University Law Review (2005)

Counterrevolution? - National Criminal Law after Raich, Ohio State Law Journal (2005)

New Federalism's Unanswered Question: Who Should Prosecute State and Local Officials for Political Corruption?, Washington and Lee Law Review (2003)

Constitutionalizing the Federal Criminal Law Debate: Morrison, Jones, and the ABA, University of Illinois Law Review (2001)

Putting Watergate Behind Us: Salinas, Sun-Diamond, and Two Views of the Anticorruption Model, Tulane Law Review (2000)

The Ethics Backlash and the Independent Counsel Statute, Rutgers Law Review (1999)

Stealth Statute – Corruption, the Spending Power, and the Rise of 18 U.S.C. § 666, Notre Dame Law Review (1998)

Should Federalism Shield Corruption?—Mail Fraud, State Law and Post-Lopez Analysis, Cornell Law Review (1997)

The Constitution as an Obstacle to Government Ethics -- Reformist Legislation after National Treasury Employees Union, William and Mary Law Review (1996)

Binding Advisory Opinions: A Federal Courts Perspective on the State School Finance Cases, Boston College Law Review (1994)

The Ideologies of Forum Shopping - Why Doesn't a Conservative Court Protect Defendants?, North Carolina Law Review (1993)

Federal Common Law and the Role of the Federal Courts in Private Law Adjudication - A (New) Erie Problem?, Pace Law Review (1992)

Bright Lines, Wisconsin Law Review (1991)

Dealing with Younger Abstention as a Part of Federal Courts Reform - The Role of the Vanishing Proposal, Brigham Young University Law Review (1991)

When Federalism and Separation of Powers Collide - Rethinking Younger Abstention, George Washington Law Review (1990)

Nonideological Judicial Reform and Its Limits - The Report of the Federal Courts Study Committee, Washington and Lee Law Review (1990)

Has the Supreme Court Confessed Error on the Eleventh Amendment? Revisionist Scholarship and State Immunity, North Carolina Law Review (1990)

Letting Statutory Tails Wag Constitutional Dogs - Have the Bivens Dissenters Prevailed?, Indiana Law Journal (1989)

Article III as a Fundamental Value -- The Demise of Northern Pipeline and Its Implications for Congressional Power, Ohio State Law Journal (1988)

The Tenth Amendment is Dead. Long Live the Eleventh!, Intergovernmental Perspective (1987)

Municipal Liability under Section 1983 and the Ambiguities of Burger Court Federalism: A Comment on City of Oklahoma City v. Tuttle and Pembaur v. City of Cincinnati -- The 'Official' Policy Cases, Boston College Law Review (1986)

Beyond Pennhurst: Protective Jurisdiction, the Eleventh Amendment, and the Power of Congress to Enlarge Federal Jurisdiction in Response to the Burger Court, Virginia Law Review (1985)

State Sovereignty Under the Burger Court -- How the Eleventh Amendment Survived the Death of the Tenth: Some Broader Implications of Atascadero State Hospital v. Scanlon, Georgetown Law Journal (1985)

Of Activism and Erie- The Implication Doctrine's Implications for the Nature and Role of the Federal Courts, Iowa Law Review (1984)

Pennhurst as a Source of Defenses for State and Local Governments, Catholic University Law Review (1982)

The Courts and Grant Reform: A Time for Action, Intergovernmental Perspective (1981)

Federal Funds and Federal Courts - Community Development Litigation as a Testing Ground for the New Law of Standing, Boston College Law Review (1980)

The Revenue Sharing Gauntlet: Fiscal Federalism at the Crossroads (with James M. Howell), National Civic Review (1979)

Federal Funds and National Supremacy: The Role of State Legislatures in Federal Grant Programs, American University Law Review (1979)

Review of Environmental and Land Controls Legislation by Daniel R. Mandelker, Environmental Affairs (1978)

Beyond the New Federalism: Revenue Sharing in Perspective, Harvard Journal on Legislation (1977)

State Land Use Laws and Regional Institutions, Environmental Affairs (1975)

Home Rule in Massachusetts: Municipal Freedom and Legislative Control, Massachusetts Law Quarterly (1973)

DeGaulle's Republic and the Rule of Law: Judicial Review and the Conseil d'Etat, Boston University Law Review (1966)

Contributions to Books

An Introduction to the Community Development Litigation and Its Impact, Awakening the Slumbering Giant: Intergovernmental Relations and Federal Grant Laws: A Report of and Papers from ACIR's Conference on Federal Grant Law (1980)

Popular Press

Anti-terror fight on trial, The Boston Herald (2011)

Vote No to Public Funding (with Thomas R. Kiley), The Boston Globe (2002)

Federal Government Rescues States from Corruption Trials, Boston Sunday Herald (2002)

Selected Professional Activities

Conference Co-organizer & Panelist, Defending Terrorism Charges: A Lawyer's Perspective on United States v. Mehanna, Clough Center for the Study of Constitutional Democracy (2012)

Lessons from the Mehanna trial, Boston Public Law Study Group (2011)

Panelist, Obama and Executive Power: The Case of National Security: Lessons Learned, Boston College Clough Center for the Study of Constitutional Democracy (2010)

Panelist on Political Corruption, Wayne State University Law Review Symposium (2006)

Speaker on Campaign Finance Reform, Counsel on Governmental Ethics Laws Annual Meeting (2005)

Panelist on Supreme Court role in political corruption cases, Annual Meeting, American Political Science Association (2004)

**'Counter-Counter-Terrorism Via Lawsuit' - The Bivens Impasse**, Southern California Law Review (2009)

**Constitutionalizing the Federal Criminal Law Debate: Morrison, Jones, and the ABA**, University of Illinois Law Review (2001)

**Putting Watergate Behind Us: Salinas, Sun-Diamond, and Two Views of the Anticorruption Model**, Tulane Law Review (2000)

**Should Federalism Shield Corruption?—Mail Fraud, State Law and Post-Lopez Analysis**, Cornell Law Review (1997)

**Federal Common Law and the Role of the Federal Courts in Private Law Adjudication - A (New) Erie Problem?**, Pace Law Review (1992)

**Dealing with Younger Abstention as a Part of Federal Courts Reform - The Role of the Vanishing Proposal**, Brigham Young University Law Review (1991)

**When Federalism and Separation of Powers Collide - Rethinking Younger Abstention**, George Washington Law Review (1990)

**Letting Statutory Tails Wag Constitutional Dogs - Have the Bivens Dissenters Prevailed?**, Indiana Law Journal (1989)

**Article III as a Fundamental Value -- The Demise of Northern Pipeline and Its Implications for Congressional Power**, Ohio State Law Journal (1988)

**Municipal Liability under Section 1983 and the Ambiguities of Burger Court Federalism: A Comment on City of Oklahoma City v. Tuttle and Pembaur v. City of Cincinnati -- The 'Official' Policy Cases**, Boston College Law Review (1986)

**Beyond Pennhurst: Protective Jurisdiction, the Eleventh Amendment, and the Power of Congress to Enlarge Federal Jurisdiction in Response to the Burger Court**, Virginia Law Review (1985)

**Of Activism and Erie- The Implication Doctrine's Implications for the Nature and Role of the Federal Courts**, Iowa Law Review (1984)