Introductory Remarks
The Honorable Stephen G. Breyer · June 2008 76 GEO. WASH. L. REV. 819 (2008) I am happy to be here to help open this symposium and to celebrate Professor Barron’s fine article. There is, of course, much to admire in Professor Barron’s work. One of its many virtues is that it engages with the... Read More
Balancing Rehabilitation and Punishment: A Legislative Solution for Unconstitutional Juvenile Waiver Policies
Jennifer Park · April 2008 76 GEO. WASH. L. REV. 786 (2008) Nathaniel and Andy’s cases are useful for understanding the delicate balance each state must strike in its juvenile justice system between rehabilitation and punishment. Nathaniel’s case illustrates the rehabilitative side, revealing the benefit of individualizing these decisions and providing juvenile dispositions where possible.... Read More
New Threats, Old Problems: Adhering to Brandenburg’s Imminence Requirement in Terrorism Prosecutions
Elisa Kantor · April 2008 76 GEO. WASH. L. REV. 752 (2008) Under the government’s preemptive approach, federal prosecutors have taken a closer look at the role of the Muslim cleric in terrorist conspiracies. Officials believe that fundamentalist imams may play a central role in the creation of terrorist schemes by providing guidance and instruction... Read More
High Schools Are Not Highways: How Dole Frees States from the Unconstitutional Coercion of No Child Left Behind
Michael D. Barolsky · April 2008 76 GEO. WASH. L. REV. 725 (2008) In 2002, President Bush signed the No Child Left Behind (“NCLB”) Act into law, taking unprecedented steps to set and enforce a national education policy for state primary and secondary public school systems.14 NCLB is the latest revision to the Elementary and... Read More
Cleaning Up for Congress: Why Courts Should Reject the Presumption of Severability in the Face of Intentionally Unconstitutional Legislation
C. Vered Jona · April 2008 76 GEO. WASH. L. REV. 698 (2008) Congress passing a law regulating abortion is not surprising. Nor is it surprising that President Bush signed the statute into law. Even less surprising, perhaps, is that the law was immediately challenged in three federal courts as unconstitutional under the Supreme Court’s... Read More
Severability as Judicial Lawmaking
David H. Gans · April 2008 76 GEO. WASH. L. REV. 639 (2008) Severability doctrine has been with us since the beginnings of judicial review, yet it remains shrouded in mystery. The doctrine is simple enough to state: it allows a court to excise any unconstitutional clauses or applications from a statute, leaving the remainder... Read More
Bellwether Trials
Alexandra D. Lahav · April 2008 76 GEO. WASH. L. REV. 576 (2008) This Article presents a third argument for collective justice based on democratic participation values. It urges that we re-envision the tort trial as a democratic enterprise rather than only an individual’s day in court. This argument draws an analogy to the theory... Read More
Interpreting the Americans With Disabilities Act: Why the Supreme Court Rewrote the Statute, and Why Congress Did Not Care
Michael Selmi · April 2008 76 GEO. WASH. L. REV. 522 (2008) Within the academic literature, a consensus has emerged that the ADA has been the subject of a judicial backlash against the disabled, either because the Supreme Court is unsympathetic to their plight or as a means of restricting the statute’s potential costs. Professor... Read More
Products Liability Preemption: An Institutional Approach
Catherine M. Sharkey · April 2008 76 GEO. WASH. L. REV. 449 (2008) Products liability is a realm in which Congress typically either says everything—coupling broad preemption provisions that would seem to wipe out competing state tort claims with broad “savings clauses” that would seem to preserve those same actions—or nothing at all. Moreover, Congress... Read More
Experimenting With the Experimental-Use Exception: Proposals for a Tax Alternative
R. Andrew Schwentker · February 2008 76 GEO. WASH. L. REV. 426 (2008) Over the past several decades, universities have increasingly engaged in significant scientific research and technological development and have become owners of a substantial number of patents. Between 1969 and 1991, universities owned only 1.55% of U.S. utility patents not owned by the... Read More