The Ordinary Questions Doctrine
In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron as inconsistent with the Administrative Procedure Act (“APA”), which requires courts to decide “all relevant questions of law” and therefore prohibits them from deferring to agency interpretations because the relevant statutory language is ambiguous. A different approach now governs judicial review of the countless routine, often specialized questions of statutory interpretation that agencies answer in the normal course of implementing their statutes—the “ordinary” questions.
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... 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,’... 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... 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... Read More
The Court Sidesteps Immigration Federalism Feud, For Now
It won't be long before the Supreme Court get the last word on Texas's aggressive attempt to take immigration enforcement into its own hands.
Will You “Notice” Me Already? Providing Notice of FLSA Collective Actions to Individuals Governed by Arbitration Agreements
Aeryka Fausett 92 Geo. Wash. L. Rev. 273 Collective actions provide employees with an important opportunity to challenge their employers’ alleged violations... Read More
The Sustainability Paradox: A Competitive Case for Sustainability Agreements
Hannah Burdette 92 Geo. Wash. L. Rev. 248 American antitrust law has remained focused on one goal since the first antitrust statute—the... Read More
Rethinking Eisner v. Macomber, and the Future of Structural Tax Reform
Alex Zhang 92 Geo. Wash. L. Rev. 179 In June 2023, the Supreme Court granted the petition for a writ of certiorari... Read More