The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts
James P. Nehf 85 Geo. Wash. L. Rev. 1692 The doctrines of unconscionability and good faith have played paramount roles in limiting... Read More
Contract Interpretation 2.0: Not Winner-Take-All but Best-Tool-for-the-Job
Lawrence Cunningham 85 Geo. Wash. L. Rev. 1625 In a centuries-old debate among contracts scholars, one group supports a presumption favoring a... Read More
Judicial Development of the Law of Contract in the United Kingdom
Lord Patrick Stewart Hodge 85 Geo. Wash. L. Rev. 1587 The author, a Justice of the U.K. Supreme Court, analyzes the development... Read More
Standing Underwater
Daniel A. Fiedler 85 Geo. Wash. L. Rev. 1554 The basic requirements of Article III standing are well known: injury in fact,... Read More
The Administrative Procedure Act’s Stay Provision: Bypassing Scylla and Charybdis of Preliminary Injunctions
Frank Chang 85 Geo. Wash. L. Rev. 1529 Federal courts draw much attention by sweepingly blocking many agency actions with preliminary injunctions.... Read More
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
When Constitutional Tailoring Demands the Impossible: Unrealistic Scrutiny of Agencies?
Lars Noah 85 Geo. Wash. L. Rev. 1462 Scholars have raised various objections to the last and often decisive (narrow tailoring) prong... Read More
Chevron’s Inevitability
Nicholas R. Bednar & Kristin E. Hickman 85 Geo. Wash. L. Rev. 1392 For over thirty years, Chevron deference has been the... Read More