Scott Dodson 90 Geo. Wash. L. Rev. 866 The reality that rules define institutions is no less applicable to the Supreme Court. Yet the literature on the Supreme Court Rules, and the rulemaking process behind them, is practically nonexistent. Part of the reason is that the rulemaking process for the Supreme Court Rules is a... Read More

Frederick Schauer 90 Geo. Wash. L. Rev. 825 The burgeoning debates about constitutional interpretation show no signs of abating. With surprisingly few exceptions, however, those debates involve a contrast between textualism understood as some form of originalism, on the one hand, and various varieties of less textually focused living constitutionalism on the other. In conflating... Read More

Sojung Lee 90 Geo. Wash. L. Rev. 795 The standing doctrine says that a plaintiff only has standing when that plaintiff has suffered a concrete injury that is fairly traceable to the defendant, and the court can likely provide redress for the injury. The doctrine becomes complicated when addressing instances of privacy harms because these... Read More

Steven Hess 90 Geo. Wash. L. Rev. 761 Judges are the lifeblood of constitutional order, and their independence is paramount to the rule of law. In light of the politicization of judicial appointments, it is worth asking if the American constitutional design of 1787 continues to safeguard judicial independence. The Framers designed an appointment system... Read More

Farhang Heydari 90 Geo. Wash. L. Rev. 696 Amid a national debate over the scope of the criminal system and calls to defund police, a growing number of jurisdictions are turning to private actors to mitigate the system’s harms. Communities across the country are purchasing body cameras, contracting for implicit bias trainings, and turning to... Read More

John G. Sprankling 90 Geo. Wash. L. Rev. 632 Everyone needs a home. But exclusionary zoning ordinances in many communities prevent low-income and moderate-income families from securing affordable homes, disproportionately harming people of color. Because these ordinances satisfy the rational basis test, they have been immune from substantive due process attack. This Article provides a... Read More

Courtney G. Joslin 90 Geo. Wash. L. Rev. 371 Nonmarital families constitute a large and growing slice of the population in the United States and around the world. Scholars and policymakers are increasingly grappling with how the law does and should regulate these relationships. Many other countries have responded to this demographic shift by adopting... Read More