Articles

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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...

 

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'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...

 

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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...

 

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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....

 

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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."...

 

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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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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 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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Bright Lines, Wisconsin Law Review (1991)
 

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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....

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

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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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The Courts and Grant Reform: A Time for Action, Intergovernmental Perspective (1981)
 
The Revenue Sharing Gauntlet: Fiscal Federalism at the Crossroads (with James M. Howell), National Civic Review (1979)
 

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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)
 

Contributions to Books

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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,...

 

Popular Press

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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...

 

Selected Professional Activities

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

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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)