Arbitrary and Capricious Cost-(Non)Consideration After Michigan v. EPA
Karmina Caragan 85 Geo. Wash. L. Rev. 1514 Initially, Supreme Court decisions suggested a presumption that, absent affirmative congressional intent, agencies should... Read More
Confusion in the Circuit Courts: How the Circuit Courts Are Solving the Mead-Puzzle by Avoiding It Altogether
Daniel S. Brookins 85 Geo. Wash. L. Rev. 1484 Chevron deference is possibly the most discussed legal issue in recent history. Despite... 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... Read More
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... 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... 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... 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... Read More
The Constitutionality of SEC Administrative Law Judges: Exploring Hill v. SEC
Maxwell Weiss · 84 Geo. Wash. L. Rev. 1407 · There has recently been a series of challenges to the U.S. Securities and Exchange... Read More
Disclosure, Eventually: A Proposal to Limit the Indefinite Exemption of Federal Agency Memoranda from Release Under the Freedom of Information Act
Kyle Singhal · 84 Geo. Wash. L. Rev. 1388 · On June 30, 2016, President Barack Obama signed into law the FOIA Improvement Act... Read More