Judicial Review of Agency Noncompliance with Presidential Administrative Orders and OMB Circular A-4
Eitan Sirkovich 92 Geo. Wash. L. Rev. 1163 President Biden’s Executive Order 14,094, Modernizing Regulatory Review, continues the line of presidential directives... Read More
What the New Major Questions Doctrine Is Not
Anita S. Krishnakumar 92 Geo. Wash. L. Rev. 1117 The major questions doctrine has undergone a sea change in prominence within the... Read More
Chenery II Revisited
Daniel T. Deacon 92 Geo. Wash. L. Rev. 1050 Ever since the Supreme Court’s 1947 decision in SEC v. Chenery Corporation, known... Read More
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.
TransUnion LCC v. Ramirez and the Fight to Protect Climate Change Standing
Olivia Venus 92 Geo. Wash. L. Rev. 949 As the impacts of climate change come to fruition, plaintiffs battle strict standing requirements... Read More
Shouldn’t All Asylum Be “Humanitarian”? A Case for Merging Traditional and Humanitarian Asylum and Eliminating the Particular Social Group
Katie Cantone-Hardy 92 Geo. Wash. L. Rev. 908 Asylum law in the United States faces near-constant critique. The “membership in a particular... Read More
The Small Business Prepack: How Subchapter V Paves the Way for Bankruptcy’s Fastest Cases
Christopher D. Hampson & Jeffrey A. Katz 92 Geo. Wash. L. Rev. 851 America has long styled itself as a place where... Read More
Design Patents Aren’t Patents (And It’s a Good Thing Too)
Mark A. Lemley & Mark P. McKenna 92 Geo. Wash. L. Rev. 811 In design patent law, we have created a monster—a... Read More
The Curious Case of the James Brown Estate
Great musicians are larger than life, and the most iconic of them become members of an elite musical monarchy: Michael Jackson was the King of Pop, Aretha Franklin was the Queen of Soul, and Prince Rogers Nelson was Prince. Similarly, James Brown, the inventor of funk music, landed a seat at this table of legendary musicians. Although lacking a royal honorific, James Brown was “the Godfather of Soul.” The Godfather of Soul, though, shared more than musical prowess with these other iconic musicians. The estates of James Brown, Michael Jackson, Aretha Franklin, and Prince all continue to face legal obstacles—years after their deaths—many of which revolve around the artists’ copyright interests . . . .