Assisting Reproduction, Choosing Genes, and the Scope of Reproductive Freedom
John A. Robertson · September 2008 76 GEO. WASH. L. REV. 1237 (2008) The reproductive battles of the last forty years have been largely about contraception and abortion. In the twenty-first century reproductive battles will also pull in assisted reproduction, genetic selection, and genetic enhancement. The conceptual framework developed for abortion and contraception set the... Read More
Equal Liberty: Assisted Reproductive Technology and Reproductive Equality
Radhika Rao · September 2008 76 GEO. WASH. L. REV. 1216 (2008) Regulating reproductive technologies—the subject of this symposium—is a theoretical issue right now because there is virtually no such regulation in the United States. However, the regulatory vacuum surrounding assisted reproductive technologies (“ARTs”) may not last for much longer. The outcry over human cloning... Read More
Mandating Unfunded Mandates? Agency Discretion in Rulemaking After Massachusetts v. EPA
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
Freedom of Speech and the FDA’s Regulation of Off-Label Drug Uses
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
Too Many Cooks in the Galley: Overlapping Agency Jurisdiction of Ballast Water Regulation
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
Is It Safe to Chevron “Two-Step” in a Hurricane? A Critical Examination of How Expanding the Government’s Role in Disaster Relief Will Only Exacerbate the Damage
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
Converse-Erie: The Key to Federalism in an Increasingly Administrative State
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
Restoring Reason: Reformulating the Swerve Doctrine of Motor Vehicle Manufacturers v. State Farm
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
Between a Rock and a Hard Place: The Export of Technical Data Under the International Traffic in Arms Regulations
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
After Blackwater: A Mission-Focused Jurisdictional Regime for Private Military Contractors During Contingency Operations
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