The President’s Secrets
Gia B. Lee · February 2008 76 GEO. WASH. L. REV. 197 (2008) When congressional committees sought information relating to the U.S. attorney firings and Hurricane Katrina, when the 9/11 Commission called for the National Security Advisor to testify, when Senators requested memoranda authored by judicial nominees while working as Department of Justice and White... Read More
James F. Humphreys Complex Litigation Lecture: The Adversary System and Modern Class Action Practice
Roger H. Transgrud · February 2008 76 GEO. WASH. L. REV. 181 (2008) My topic today is modern class action practice and how Rule 23 of the Federal Rules of Civil Procedure has come to be interpreted in our federal courts in ways that I believe mask the proper criteria that should be used in... Read More
Reasoned Administration: The European Union, the United States, and the Project of Democratic Governance
Jerry L. Mashaw · November 2007 76 GEO. WASH. L. REV. 99 (2007) The right to be heard and to have decisions on one’s interests made fairly and impartially are embodied in the Due Process Clauses of the U.S. Constitution and in a wide range of statutes, including the Administrative Procedure Act (“APA”). The right... Read More
Foreign Antisuit Injunctions: Taking a Lesson from the Act of State Doctrine
Kathryn E. Vertigan · November 2007 76 GEO. WASH. L. REV. 172 (2007) First, this Note examines the general problem of parallel litigation and the particular problem of parallel litigation involving international rather than interstate lawsuits. Whereas parallel litigation between two U.S. states implicates federalism and the Full Faith and Credit Clause, the primary concern... Read More
The Constitutionality of an Expedited Rescission Act: The New Line Item Veto or a New Constitutional Method of Achieving Deficit Reduction
Seema Mittal · November 2007 76 GEO. WASH. L. REV. 141 (2007) In 1998, the Supreme Court considered a challenge to the Line Item Veto Act of 1996, which gave the President unilateral authority to rescind certain spending provisions already enacted into law, and found it unconstitutional. Nonetheless, in March 2006, President George W. Bush... Read More
Statutory Interpretation in the Context of Federal Jurisdiction
Debra Lyn Bassett · November 2007 76 GEO. WASH. L. REV. 52 (2007) Article III of the United States Constitution and by the statutory architecture set out in the Judicial Code. By longstanding and deeply entrenched interpretive practice, federal courts have erected a singular approach to statutory interpretation involving the primary statutory grants of judicial... Read More
Two Zones of Prophylaxis: The Scope of the Fourteenth Amendment Enforcement Power
Calvin Massey · November 2007 76 GEO. WASH. L. REV. 1 (2007) Although City of Boerne v. Floresestablished that Congress has nly a remedial power to enforce the Fourteenth Amendment and may not define for itself the substance of the Amendment’s guarantees, it left the boundaries of that power ill-defined. The Court acknowledged that “Congress... Read More