Amanda L. Tyler 90 Geo. Wash. L. Rev. 1572 In 2003, Columbia Law School marked Justice Ruth Bader Ginsburg’s first ten years on the Supreme Court with a symposium. There, Harvard Law School Professor David Shapiro offered an assessment of those ten years with a specific focus on her contributions in the fields of procedure... Read More

Abbe R. Gluck & Anne Joseph O’Connell 90 Geo. Wash. L. Rev. 1532 Justice Ginsburg was not usually a doctrinal revolutionary when it came to the fields of administrative law and civil procedure. Her adherence to precedent and careful attention to the proper division of labor among the branches restrained the Justice when confronted with... Read More

Aziz Z. Huq 90 Geo. Wash. L. Rev. 1487 Starting from Justice Ginsburg’s 2017 opinion in Sessions v. Morales- Santana, this Article explores the choice between “leveling up” and “leveling down” as a judicial response to an unlawful difference in the legal or regulatory treatment of two distinct groups. That problem can arise in the... Read More

Daphna Renan 90 Geo. Wash. L. Rev. 1471 Justice Ginsburg’s opinions challenge us to rethink the role of statutes in American constitutional democracy, and how to interpret the authority of the people to innovate on the lawmaking process itself. Her legacy includes a body of opinions that comprises a forceful rebuttal to the Court’s current... Read More

Rachel Bayefsky 90 Geo. Wash. L. Rev. 1458 The quest for order and structure is a powerful force underlying influential jurisprudential theories such as originalism and textualism. This Article suggests that Justice Ginsburg’s jurisprudence represented an alternative vision of order in federal judicial practice—one guided by commitment to judicial virtues like concern for the methodical... Read More

Paul Schiff Berman 90 Geo. Wash. L. Rev. 1427 The idea of legal pluralism is that law must always negotiate situations when multiple communities and legal authorities seek to regulate the same act or actor. In such situations, judges must develop strategies for determining how best to balance the competing claims of multiple communities: does... Read More