R. Andrew Schwentker · August 2008 76 GEO. WASH. L. REV. 1444 (2008) Traditionally, government agencies have been able to consider policy concerns such as lack of funding and resources when deciding whether to issue rules.  Agencies could therefore decide not to promulgate rules for unfunded mandates.  In Massachusetts v. EPA, the Supreme Court reversed... Read More

Jacob Rogers · August 2008 76 GEO. WASH. L. REV. 1429 (2008) To be approved by the Food and Drug Administration (“FDA”), a prescription drug must pass a series of rigorous clinical trials. The trials test the drug’s safety and effectiveness for a specific condition and a defined subset of patients. Once approved by the... Read More

Loren Remsberg · August 2008 76 GEO. WASH. L. REV. 1412 (2008) In Northwest Environmental Advocates v. EPA, a group of environmental organizations asked the northern California district court to order the Environmental Protection Agency (“EPA”) to promulgate regulations governing the release of ballast water from ships in United States ports.  EPA had previously exempted... Read More

Ross C. Paolino · August 2008 76 GEO. WASH. L. REV. 1392 (2008) In the summer of 2004, a slow-moving Category Three hurricane struck the heart of New Orleans, Louisiana. The hurricane engulfed New Orleans in catastrophic flooding, placing homes, hospitals, and nursing homes completely under water. The hurricane killed thousands of residents, displaced hundreds... Read More

Joseph R. Oliveri · August 2008 76 GEO. WASH. L. REV. 1372 (2008) As central as the Erie doctrine may be to law school curricula and choice-of-law analyses, however, it represents only part of a federalism analysis; indeed, one scholar has likened traditional Erie doctrine to a false front on a movie set.  The other... Read More

Joshua McKarcher · August 2008 76 GEO. WASH. L. REV. 1342 (2008) In Motor Vehicle Manufacturers Ass’n of the United States v. State Farm Mutual Automobile Insurance Co., the Supreme Court famously imported D.C. Circuit Judge Leventhal’s requirement for agencies to conduct a “reasoned analysis” when changing course in administering a statute by way of... Read More

Mollie McGowan · August 2008 76 GEO. WASH. L. REV. 1327 (2008) The export of defense-related technical data has garnered significant attention in recent years. Factors such as outsourcing, the increasing ease of transferring technical data, the globalization of manufacturing, and the upsurge in the number of foreign nationals employed by U.S. companies in technology... Read More

Michael Hurst · August 2008 76 GEO. WASH. L. REV. 1308 (2008) Seemingly unprovoked, a Blackwater guard manning a mounted machine gun directed fire at an approaching car with two occupants, instantly killing the driver, an Iraqi medical student. As Iraqi traffic policemen ran towards the scene to assist the other passenger, Blackwater guards, apparently... Read More

Michael Hissam · August 2008 76 GEO. WASH. L. REV. 1292 (2008) On January 18, 2007, President Bush issued Executive Order 13,422.  This Order was issued on the same day that the White House Office of Management and Budget (“OMB”) issued the Final Bulletin for Agency Good Guidance Practices.  According to recent commentary, these two documents... Read More

Reetuparna Dutta · August 2008 76 GEO. WASH. L. REV. 1279 (2008) Teofil Peter was a bass player for the Romanian band Compact. On December 4, 2004, at approximately 4:30 a.m., Christopher VanGoethem, a Marine embassy guard, collided with Peter’s taxi while driving a sport-utility vehicle in Bucharest, Romania. Peter ultimately died as a result... Read More