Judging the Court’s Performance: There is Much More to Question than the Blockbusters
Alan B. Morrison 93 Geo. Wash. L. Rev. Arguendo 1 This Essay examines nine cases that the Court decided—many of them unanimously—and asks some rather... Read More
Volume 93
Volume 92
Balancing the Burden of Qualified Immunity: How to Better Address the Original Intentions of this Limited Defense to § 1983 Claims
Gillian Isabelle 92 Geo. Wash. L. Rev. Arguendo 95 The doctrine of qualified immunity was born in a time of turmoil in the United States.... Read More
Transformative Manners of Use: The Unofficial Bridgerton Musical and a Call for Reform in Transformative Use Analysis
Brice Kimble 92 Geo. Wash. L. Rev. Arguendo 65 Modern cases of copyright infringement largely deal with an analysis of ‘transformative use,’ a judicial creation... Read More
Elhady Reversed: The Implications of Judicial Deference for Government Watchlist Plaintiffs
Priyanka Mara 92 Geo. Wash. L. Rev. Arguendo 45 Since their inception over twenty years ago, contemporary government terrorist watchlists have faced routine criticism. These... Read More
Legislation #FortheKids: Passing a Federal Age-Appropriate Design Code Act to Protect Adolescent Mental Health
Nicolette DeLorenzo 92 Geo. Wash. L. Rev. Arguendo 18 Social media platforms profit on their addictive designs that harm the mental health of adolescent users.... Read More
The Court That Does Not Let Standing Stand in Its Way
Alan B. Morrison 92 Geo. Wash. L. Rev. Arguendo 1 Article III of the Constitution limits the power of the federal courts to adjudicating cases... Read More
Volume 91
Involuntary Work Program: Imposing Liability on Immigration Detention Center Contractors
Molly Muoio's ('23) Note argues that the Immigration and Customs Enforcement's Voluntary Work Program violates international law and explores a theory of liability for forced labor under the Alien Tort Statute.
Learning from Leaders: Using Carpenter to Prohibit Law Enforcement Use of Mass Aerial Surveillance
Allie Schiele · March 2023 91 Geo. Wash. L. Rev. Arguendo 14 In 2020, the Baltimore Police Department (“BPD”) resurrected its dragnet aerial surveillance initiative—the... Read More
Print Preview of Bibb Balancing: National Pork is a Bibb Case, Not a Pike Case
Michael S. Knoll & Ruth Mason · November 2022 91 Geo. Wash. L. Rev. Arguendo 1 In October 2022, the U.S. Supreme Court heard oral... Read More
Volume 90
Amending the Food, Drug, and Cosmetic Act’s Labeling Requirements for Cosmetics
Jaina Patel · April 2022 90 Geo. Wash. L. Rev. Arguendo 31 The Food, Drug, and Cosmetic Act, enacted in 1938, gives the Food and... Read More
Amending the Endangered Species Act: Wildlife Protection in a Post-Tiger King Society
Jonathan Peloquin · February 2022 90 Geo. Wash. L. Rev. Arguendo 1 Roadside zoos—such as the one in Netflix’s Tiger King documentary—present pressing issues concerning... Read More
Volume 89
False Flags and the First Amendment: Lying Through Symbolic Speech
Professor G. Alex Sinha · November 2021 89 Geo. Wash. L. Rev. Arguendo 133 Ivan Hunter, a leader of the right-wing Boogaloo Bois, recently pleaded... Read More
Back to the Future: Sorting Old Law from New Technology in Blockchain Smart Contract Applications & Assessing the Need for Regulation
Françoise Birnholz & Kelsey Barthold · September 2021 89 Geo. Wash. L. Rev. Arguendo 96 Permissioned blockchains, which allow automation of routine processes through smart... Read More
A Structural Solution to Mitigating Artificial Intelligence Bias in Administrative Agencies
Professor Aram A. Gavoor & Raffi Teperdjian · July 2021 89 Geo. Wash. L. Rev. Arguendo 71 The rise of artificial intelligence (“AI”) from nascent... Read More
Early Delegations of Federal Powers
John Vlahoplus · April 2021 89 Geo. Wash. L. Rev. Arguendo 55 Conservatives have long tried to eviscerate federal administrative law by divining an implicit... Read More
The Battle for Recognition: Granting Hmong Special Guerilla Unit Veterans Access to VA Benefits
Emily Jenkins · March 2021 89 Geo. Wash. L. Rev. Arguendo 28 Between 1961 and 1973, the U.S. Central Intelligence Agency secretly directed and operated... Read More
Click at Your Own Risk: Free Speech for Public Employees in the Social Media Age
Madyson Hopkins · March 2021 89 Geo. Wash. L. Rev. Arguendo 1 An individual’s right to exercise free speech is one of the most fundamental... Read More
Volume 88
Slavery, Jim Crow, and Mass Incarceration: Could the Thirteenth Amendment Hold the Key to Racial Equity in Criminal Justice?
S. Thomas Perry · December 2020 88 Geo. Wash. L. Rev. Arguendo 225 The United States incarcerates people at a higher rate than any other... Read More
Funding Indigent Defense: A Judicial Solution to a Legislative Failure
Abigail Hollinger · November 2020 88 Geo. Wash. L. Rev. Arguendo 195 Every defendant in the United States is entitled to effective legal representation when... Read More
What’s the Buzz about Standing?
Justin W. Aimonetti & Christian Talley · September 2020 88 Geo. Wash. L. Rev. Arguendo 175 Is the receipt of a single unsolicited, automated text... Read More
Unmasking Demeanor
Professor Julia Simon-Kerr · September 2020 88 Geo. Wash. L. Rev. Arguendo 158 Demeanor is seen as a critical tool for assessing credibility in U.S.... Read More
Eckhardt v. Des Moines: The Apex of Student Rights
Sean M. Sherman · August 2020 88 Geo. Wash. L. Rev. Arguendo 115 Fifty-five years ago, Christopher Eckhardt embarked on a journey that would leave... Read More
Clerking for a Retired Supreme Court Justice—My Experience of Being “Shared” Among Five Justices in One Term
Professor Rory K. Little · July 2020 88 Geo. Wash. L. Rev. Arguendo 83 In 1932, Justice Oliver Wendell Holmes Jr. retired but continued to... Read More
Law Clerks: A Jurisprudential Lens
Professor Perry Dane · July 2020 88 Geo. Wash. L. Rev. Arguendo 54 2019 was the putative hundredth anniversary of the formal institution of Supreme... Read More
Supreme Court Clerks and the Death Penalty
Professor Matthew Tokson · July 2020 88 Geo. Wash. L. Rev. Arguendo 48 My first weeks as a Supreme Court clerk were, in many ways,... Read More
The Concession that Dooms Originalism: A Response to Professor Lawrence Solum
Professor Eric J. Segall · April 2020 88 Geo. Wash. L. Rev. Arguendo 33 This essay responds to a recent article by Professor Lawrence Solum in... Read More
Patent Law 101: The View from the Bench
Professor Matthew G. Sipe · April 2020 88 Geo. Wash. L. Rev. Arguendo 21 On April 17th, 2019, Senators Tillis (R-NC) and Coons (D-DE), along with... Read More
Equality Is a Brokered Idea
Professor Robert Tsai · March 2020 88 Geo. Wash. L. Rev. Arguendo 1 This essay examines the Supreme Court’s stunning decision in the census case, Department... Read More
Volume 87
Exposure as Distortion: Deciphering “Substantial Injury” for FTC Data Security Actions
Maxwell E. Loos · November 2019 87 Geo. Wash. L. Rev. Arguendo 42 If the Equifax breach of 2017 demonstrated anything, it is that consumers in... Read More
A Review of The Cost-Benefit Revolution and Carceral Capitalism
James Hannaway · September 2019 87 Geo. Wash. L. Rev. Arguendo 26 In The Cost-Benefit Revolution, Cass Sunstein celebrates the dominance of cost-benefit analysis in... Read More
Of Birdies and Bribery: Closing the Corrupt Pathway Between Donors’ Checkbooks and Candidates’ Pockets
Fahad Khan · March 2019 87 Geo. Wash. L. Rev. Arguendo 1 Each election cycle brings about new fundraising and spending tactics, and with them,... Read More
Volume 86
A Review of Corporations and American Democracy
Book Review by Lisa Bei Li, Elenore Wade, and Taylor Glogiewicz · Dec. 2018 86 Geo. Wash. L. Rev. Arguendo 60 Corporations and American Democracy (Naomi R.... Read More
Prescribing a Cure for Right-to-Try Legislation
Marianne Spencer · Mar. 2018 86 Geo. Wash. L. Rev. Arguendo 30 In the past four years, thirty-eight states have passed legislation creating a right for... Read More
Always On, Always Listening: Navigating Fourth Amendment Rights in a Smart Home
Allegra Bianchini · March 2018 86 Geo. Wash. L. Rev. Arguendo 1 What do you say in your home when you think no one is... Read More
Volume 85
Fifty Years of Katz: A Look Back–and Forward–at the Influence of Justice Harlan’s Concurring Opinion on the Reasonable Expectation of Privacy
Martin McKown · October 2017 85 Geo. Wash. L. Rev. Arguendo 140 Nearly fifty years ago, Supreme Court Justice John Marshall Harlan introduced to the... Read More
Keeping Non-Practicing Entities out of the Courtroom: Amending the Innovation Act to More Effectively Address the Abuse of the Patent Infringement Claim
Adam Bofill · September 2017 85 Geo. Wash. L. Rev. Arguendo 116 There has been a growing abuse of patent infringement litigation by nonpracticing entities... Read More
A Responsible Approach to Safety Regulation in the Automobile Industry
Daniel S. Brookins · August 2017 85 Geo. Wash. L. Rev. Arguendo 83 Automobile safety is an issue of public health and welfare. People die... Read More
Entire Fairness in the Trust Indenture Act
Kirby M. Smith · July 2017 85 Geo. Wash. L. Rev. Arguendo 58 Recently, the Trust Indenture Act of 1939 has reappeared in out-of-court restructuring... Read More
Blazing a New Trail: Using a Federalism Standard of Review in Marijuana Cases
Sandra M. Praxmarer · March 2017 85 Geo. Wash. L. Rev. Arguendo 25 The current marijuana conundrum continues to cause conflict and tension between the... Read More
How the Supreme Court Derailed Formal Rulemaking
Professor Kent Barnett · January 2017 85 Geo. Wash. L. Rev. Arguendo 1 Based on archival research, this Essay explores the untold story of how... Read More
Volume 84
The Dangers of Misinterpreting Recently Amended FRE 801(d)(1)(B)
Professor Laird C. Kirkpatrick and Professor Christopher B. Mueller · December 2016 84 Geo. Wash. L. Rev. Arguendo 193 A recent amendment to Federal Rule... Read More
When a Picture Is Not Worth a Thousand Words
Andreas Kuersten · November 2016 84 Geo. Wash. L. Rev. Arguendo 179 It is frequently put forth that the admission of neuroimaging evidence at criminal... Read More
Confirming Circuit Judges in a Presidential Election Year
Professor Carl Tobias · October 2016 84 Geo. Wash. L. Rev. Arguendo 161 Over 2016, President Barack Obama tapped accomplished, mainstream candidates for seven of... Read More
Rethinking Law Enforcement Officers in Schools
Professor Jason P. Nance · October 2016 84 Geo. Wash. L. Rev. Arguendo 152 A recent event that occurred in a South Carolina classroom illustrates... Read More
The FPA and the Private Right to Preempt
Matthew R. Christiansen · September 2016 84 Geo. Wash. L. Rev. Arguendo 130 The boundary between state and federal authority over the electricity sector is... Read More
The Supreme Court Meets a Gridlocked Congress
Michael Ellement · July 2016 84 Geo. Wash. L. Rev. Arguendo 116 Congress is at a standstill—increasingly unable to agree on, or even debate, new legislation widely supported by... Read More
Domesticating the Alien Tort Statute
Michael L. Jones · July 2016 84 Geo. Wash. L. Rev. Arguendo 95 The Alien Tort Statute allows aliens to sue for violations of the law of... Read More
Printing a Revolution: The Challenges of 3D Printing on Copyright
Saahil Dama & Amulya Chinmaye · June 2016 84 Geo. Wash. L. Rev. Arguendo 68 The ever-evolving nature of technology has brought us to the... Read More
Due Process and the FTC’s Fair and Reasonable Approach to Data Protection
Vladimir J. Semendyai · June 2016 84 Geo. Wash. L. Rev. Arguendo 51 The Federal Trade Commission (“FTC”) has long had authority to bring enforcement... Read More
The Natural-Born Citizen Clause, Popular Constitutionalism, and Ted Cruz’s Eligibility Question
Professor Christopher W. Schmidt and Professor Matthew T. Bodie · April 2016 84 Geo. Wash. L. Rev. Arguendo 36 This Essay argues that recent debates... Read More
The Confrontation Clause After Ohio v. Clark: The Path to Reinvigorating Evidenced-Based Prosecution in Intimate Partner Violence Cases
A. Ann Ratnayake · February 2016 84 Geo. Wash. L. Rev. Arguendo 18 Society has only recently made strides to help victims of intimate partner... Read More
The Cost of Creativity: An Economic Analysis of Mobile Vending Regulations
Nora Wong · January 2016 84 Geo. Wash. L. Rev. Arguendo 5 Grassroots movements across the United States are calling upon local governments to deregulate... Read More
An Unfair Presumption in the Fair Labor Standards Act
Alexander Kritikos · January 2016 84 Geo. Wash. L. Rev. Arguendo 1 The Obama Administration’s Department of Labor has made it a top priority to... Read More
Volume 83
Response: Opacity, Complexity, and Self-Regulation in Investment Banking
Professor Alan D. Morrison & Professor William J. Wilhelm, Jr · April 2015 83 Geo. Wash. L. Rev. Arguendo 1 Response to Andrew F. Tuch, The... Read More
Volume 82
Court-Agency Dialogue: Article III’s Dual Nature and the Boundaries of Reviewability
Emily Hammond · October 2014 82 GEO. WASH. L. REV. ARGUENDO 171 (2014) Courts reviewing agency actions frequently offer more than a positive analysis of the agencies’ decisions. They... Read More
Digital Marketing, Consumer Protection, and the First Amendment: A Brief Reply to Professor Ryan Calo
David C. Vladeck · October 2014 82 GEO. WASH. L. REV. ARGUENDO 156 (2014) Professor Ryan Calo’s meticulous critique of the potential for digital marketing to... Read More
The Role of Daubert in Scrutinizing Expert Testimony in Class Certification
George G. Gordon and Irene Ayzenberg-Lyman · October 2014 82 GEO. WASH. L. REV. ARGUENDO 132 (2014) Courts have substantially heightened the standard of proof... Read More
The Post-Dukes “Rigorous Analysis” and Pre-Certification
Gerson H. Smoger and David M. Arbogast · October 2014 82 GEO. WASH. L. REV. ARGUENDO 104 (2014) The Dukes “rigorous analysis” blurs the line... Read More
The Rational Class: Richard Posner and Efficiency as Due Process
Elizabeth J. Cabraser · October 2014 82 GEO. WASH. L. REV. ARGUENDO 82 (2014) This Essay surveys the recent class certification decisions authored by Judge... Read More
Remediation and Deterrence: The Real Requirements of the Vindication Doctrine
Jonathan W. Cuneo, Joel Davidow, and Victoria Romanenko · October 2014 82 GEO. WASH. L. REV. ARGUENDO 59 (2014) The vindication of statutory rights doctrine,... Read More
Three Myths About Wal-Mart Stores, Inc. v. Dukes
Theodore J. Boutrous, Jr. and Bradley J. Hamburger · October 2014 82 GEO. WASH. L. REV. ARGUENDO 45 (2014) The Supreme Court’s landmark decision in... Read More
Interest Creep: The Constitution, Common Law, and Politics
Sonia Suter · April 2014 82 GEO. WASH. L. REV. ARGUENDO 29 (2014) Professor Fox’s article, Interest Creep, offers an important contribution to the literature... Read More
Volume 81
Justice John Marshall Harlan: Lectures on Constitutional Law, 1897–98
Brian L. Frye; Josh Blackman; Michael McCloskey · July 2013 81 GEO. WASH. L. REV. ARGUENDO 12 (2013) From 1889 to 1910, while serving on... Read More
The Harlan Papers
(on file with the Library of Congress, Manuscript Division, The John Marshall Harlan Papers, 1810-1971) This set of images displays documents from the Library of... Read More
Why Patentable Subject Matter Matters for Software
Brian J. Love · September 2012 81 GEO. WASH. L. REV. ARGUENDO 1 (2012) Increasingly, courts weary from years of arguing about the scope of... Read More
Volume 80
The Impacts of McIntyre on Minimum Contacts
Alan B. Morrison · September 2011 80 GEO. WASH. L. REV. ARGUENDO (2011) The Supreme Court’s June 2011 decision in J. McIntyre Machinery, Ltd. v.... Read More
The Timing of Minimum Contacts After Goodyear and McIntyre
Todd David Peterson · September 2011 80 GEO. WASH. L. REV. ARGUENDO (2011) The Supreme Court has never articulated a reason why the “minimum contacts” test, which... Read More
Volume 79
The Paradox of McDonald v. City of Chicago
David S. Cohen · November 2010 79 GEO. WASH. L. REV. ARGUENDO (2010) On the last day of its 2010 Term, the Supreme Court issued... Read More