“De facto Sovereignty”: Boumediene and Beyond
Anthony J. Colangelo · April 2009 77 GEO. WASH. L. REV. 623 (2009) This Article interrogates a particular aspect of the Supreme Court’s opinion in Boumediene v. Bush, and, until now, largely unexamined piece of the habeas puzzle: the concept of “de facto sovereignty.” I will examine what it is, explain how the Court used... Read More
The Partially Prudential Doctrine of Mootness
Matthew I. Hall · April 2009 77 GEO. WASH. L. REV. 562 (2009) The law of mootness lacks a coherent theoretical foundation. On the one hand, mootness has been regarded—at least since 1964—as a limitation on federal court jurisdiction, mandated by Article III of the United States Constitution. Under this account, because mootness is a... Read More
The Office of Legal Counsel and Torture: The Law as Both a Sword and Shield
Ross L. Weiner · February 2009 77 GEO. WASH. L. REV. 524 (2009) Two OLC opinions, written in the wake of the September 11 attacks, are illustrative of the need for increased oversight in the OLC. The first (the “Status Memo”) is a memorandum detailing whether the federal courts would have jurisdiction to hear habeas... Read More
Grassroots Enforcement of EISA: The Need for a Citizen Suit Provision in the Energy Independence and Security Act of 2007
Megha Shah · February 2009 77 GEO. WASH. L. REV. 488 (2009) Secretary General Ban Ki-moon of the United Nations has described climate change as “the defining challenge of our age.” Indeed, the global community has reached a point where the realities of climate change must be confronted. Recently, Congress passed the Energy Independence and... Read More
In Furtherance of Transparency and Litigants’ Rights: Reforming the State Secrets Privilege
Rita Glasionov · February 2009 77 GEO. WASH. L. REV. 458 (2009) Since the establishment of the modern state secrets privilege in United States v. Reynolds, the scope of a court’s role in determining the validity of a claim of privilege has been unclear. As a consequence, in applying the doctrine, U.S. courts have allowed... Read More
Sharks and Minnows: Using Temporary Alien Deportation Immunity to Catch the Big Fish
Rachel Frankel · February 2009 77 GEO. WASH. L. REV. 431 (2009) Imagine a lawful permanent resident (“LPR”), an immigrant alien with a “Green Card,” is involved in a bank robbery. The LPR drives a co-conspirator to the bank and waits outside as the getaway driver. While inside the bank, the co-conspirator uses a gun... Read More
Factual Premises of Statutory Interpretation in Agency Review Cases
Todd S. Aagaard · February 2009 77 GEO. WASH. L. REV. 366 (2009) This Article examines factual premises of statutory interpretation in cases reviewing administrative agency action. It proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Judicial interpretation of statutes administered by agencies... Read More
Universal De Novo Review
Chad M. Oldfather · February 2009 77 GEO. WASH. L. REV. 308 (2009) This Article’s aim is to enhance our understanding of the practice of de novo review, with special emphasis on four subsidiary questions. First, how might the practice of de novo review be justified? Does institutional competence provide the answer, or must we... Read More
Trapped in a Metaphor: The Limited Implications of Federalism for Corporate Governance
Robert S. Ahdieh · February 2009 77 GEO. WASH. L. REV. 255 (2009) Trapped in a metaphor articulated at the founding of modern corporate law, the study of corporate governance has—for some thirty years—been asking the wrong questions. Rather than a singular race among states, whether to the bottom or the top, the synthesis of... Read More
Still Crying Out for Clarification: The Scope of Liability Under the Alien Tort Statute After Sosa
Stephen Satterfield · November 2008 77 GEO. WASH. L. REV. 216 (2008) This Note identifies the terms and the stakes of the post-Sosa debate about the nature of the ATS and suggests that the most pressing issue regarding the statute’s application is no longer what constitutes a cognizable claim under the ATS but rather who... Read More