Jessie Ojeda 90 Geo. Wash. L. Rev. 1354 The U.S. Election Assistance Commission (“EAC” or “Commission”) is failing in its duties to shepherd and assist in the betterment of our federal elections. In the wake of the highly controversial 2016 and 2020 presidential elections and related claims of election interference, the EAC has received increased... Read More

Vania Wang 90 Geo. Wash. L. Rev. 1316 Foreign investment in the United States has always been an important element of the nation’s economy, but it can leave the United States and its citizens vulnerable to foreign control. In recent years, many have grown concerned that sovereign governments have been investing in the United States... Read More

Heather Skrabak 90 Geo. Wash. L. Rev. 1291 When Congress passed the Affordable Care Act in 2010, Section 1557 of the legislation promised powerful nondiscrimination protections in healthcare on the bases of race, color, national origin, sex, age, and disability. This was a thrilling new development, as Congress had already extended civil rights protections against... Read More

Laura Stanley 90 Geo. Wash. L. Rev. 1265 Recent Supreme Court jurisprudence suggests courts may begin to play a greater role in scrutinizing congressional statutes that shield agency adjudicators from presidential control. In the context of patent adjudication, the Supreme Court held in Arthrex that administrative patent judges’ decisions must be subject to agency-head review... Read More

Bijal Shah 90 Geo. Wash. L. Rev. 1165 When the President directs agency action, this is known as “presidential administration.” Without fail, presidential administration furthers the President’s own policy aims. Accordingly, this dynamic has intensified greatly in recent years, which has rendered agencies highly responsive to the President’s interests. However, agencies must be responsive also,... Read More

Robert L. Glicksman & Richard E. Levy 90 Geo. Wash. L. Rev. 1088 The Supreme Court has entered a new era of separation of powers formalism. Others have addressed many of the potentially profound consequences of this return to formalism for administrative law. This Article focuses on an aspect of the new formalism that has... Read More

Tara Leigh Grove 90 Geo. Wash. L. Rev. 1053 The statutory interpretation literature has taken an empirical turn. One recent line of research surveys the public to test whether textualist opinions reached the “right answer” in specific cases—that is, whether textualist judges correctly identified the “ordinary meaning” of federal statutes. This Foreword uses this literature... Read More