RNC v. DNC: Absentee Voters and the Partisan Pandemic
As it happened, the election results, when released April 13, surprised most observers. Nevertheless, the Supreme Court’s decision in RNC v. DNC is, to put it politely, paradoxical.
Kansas v. Glover: Just Common Sense?
We have no idea why Officer Mehrer decided to check on Glover’s license plate. Might it matter after all? Can a jurisdiction instruct its officers to run the license plate of every automobile they come across and to assume that any owner whose license has been suspended or revoked should be stopped to see if the owner is driving? What is the common-sense answer?
It Could Have Been Worse, But a Statute Designed to “Break Down All Discrimination” Against African Americans Deserves Better than Comcast Corporation v. National Association of African American-Owned Media
The year after the Civil War, the federal government made a commitment to Black people in this country. In simple but sweeping language, the Civil Rights Act of 1866 mandates that “[a]ll persons within the jurisdiction of the United States shall have the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens.”
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... 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... Read More
Kahler v. Kansas: Narrowing the Insanity Defense
Could a state now abolish both prongs of the M’Naghten standard (or any variants thereof)? Could a state reject any formulation of an insanity defense and bar evidence of insanity at trial entirely?
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... Read More
On the Docket’s Preview of the March Supreme Court Arguments
March 2 Nasrallah v. Barr No. 18-1432, 11th Cir. Preview by Megan Walden In Nasrallah v. Barr, the Court will resolve a... Read More