Regents of Univ. of Calif.: Trump Administration Held Accountable by the APA but a Missed Opportunity for the Constitution
With this case, the Court’s discomfort with directly confronting race and racial animus was on full display.
Bostock, Zarda, and R.G & G.R. Harris Funeral Homes: Affirming Equality and Challenging Textualism
If the Justices cannot agree on the meaning of “because of sex” in a statute enacted or amended in their lifetimes, then it is difficult to conclude that textualism can resolve legal disputes.
U.S. Forest Service v. Cowpasture River Preservation Association: A Limited—and Perhaps Hollow—Victory for a Pipeline
The Supreme Court took up a brainteaser of statutory construction involving the jurisdictional boundaries between the U.S. Forest Service and the National Park Service.
Sloshing Through the Factbound Morass of Reasonableness: Predictive Algorithms, Racialized Policing, and Fourth Amendment Use of Force
Namrata Kakade 88 Geo. Wash. L. Rev. 788 The Supreme Court developed the Fourth Amendment doctrine of reasonableness during a time before... Read More
The Dark Horse of the Endangered Species Act: How Section 7(a)(1) Can Be Used to Mitigate Climate Change
Meredith Hou 88 Geo. Wash. L. Rev. 753 The Endangered Species Act (“ESA”) has been a powerful tool for conserving both national... Read More
Chevron Debates and the Constitutional Transformation of Administrative Law
Craig Green 88 Geo. Wash. L. Rev. 654 Chevron v. NRDC is under attack. Chevron deference to agencies’ statutory interpretation is a... Read More
High-Tech International Law
Ashley Deeks 88 Geo. Wash. L. Rev. 574 Data-driven algorithmic tools allow their users to process large amounts of data quickly, extract... Read More
Reproductive Due Process
Meghan Boone 88 Geo. Wash. L. Rev. 511 This Article engages in a thought experiment. It assumes that the Supreme Court has... Read More
Profiting on Your Pulse: Modernizing HIPAA to Regulate Companies’ Use of Patient-Consumer Health Information
Anna Mizzi 88 Geo. Wash. L. Rev. 481 Technology knows the most intimate details of our lives: our exercise and eating habits,... Read More