Toward a Rebalanced Section 301 Authority: Reconsidering the Separation of Powers in International Trade
John Catalfamo 90 Geo. Wash. L. Rev. 536 Recent Supreme Court jurisprudence suggests that courts may play a greater role going forward in striking statutes that provide broad grants of authority to the executive branch as violations of the nondelegation doctrine. In the area of international trade law, the Court of International Trade and Court... Read More
The Facebook Two-Step: Reinvigorating Merger Enforcement Through a Practical Analysis of Intent Evidence
Rose Beattie 90 Geo. Wash. L. Rev. 500 The Clayton Act’s vague mandate contemplates a substantial role for courts to determine which acquisitions may substantially lessen competition or tend to create a monopoly. However, following the General Dynamics ruling in 1975, the Supreme Court has been silent on merger doctrine altogether. This hiatus has allowed... Read More
States as Laboratories for Charitable Compliance: An Empirical Study
Eric Franklin Amarante 90 Geo. Wash. L. Rev. 445 Each year, the Internal Revenue Service (“IRS”) awards 501(c)(3), taxexempt status to thousands of organizations that do not meet the statutory requirements for charities. This is because the IRS, facing increasingly severe budget cuts, adopted a woefully inadequate application process that fails to identify even the... Read More
Pandora’s Loot Box
Sheldon A. Evans 90 Geo. Wash. L. Rev. 376 The emerging trend of loot boxes in video game platforms continues to expand the shifting boundaries between the real and virtual world and presents unique insights into the impact each world should have on the other. Borrowing their design from the gambling industry, loot boxes operate... Read More
Legitimizing Lies
Courtney M. Cox 90 Geo. Wash. L. Rev. 297 Lies are everywhere today. This scourge of misinformation raises difficult questions about how the law can and should respond to falsehoods. Legal discourse has traditionally focused on the law’s choice between penalizing and tolerating lying. But this traditional framing vastly oversimplifies the law’s actual and potential... Read More
Amending the Food, Drug, and Cosmetic Act’s Labeling Requirements for Cosmetics
Jaina Patel · April 2022 90 Geo. Wash. L. Rev. Arguendo 31 The Food, Drug, and Cosmetic Act, enacted in 1938, gives the Food and Drug Administration the power to regulate the cosmetics industry. Congress has enacted numerous laws regarding food, drug, and tobacco products but has not done the same for cosmetic products. It... Read More
Preview of the Late March 2022 Supreme Court Arguments
March 28 Southwest Airlines, Co. v. Saxon 21-309, 7th Cir. Preview by Erica Hackett, Online Editor The issue in Southwest Airlines, Co. v. Saxon is whether airline baggage ramp supervisors are exempt from the Federal Arbitration Agreement (FAA). The FAA requires that courts enforce arbitration agreements, however it exempts “contracts of employment of seamen, railroad... Read More
Copyright’s Legal Mistake
March 22, 2022 Unicolors, Inc v. H&M Hennes & Mauritz, LP, 142 S. Ct. 941 (2022) (Breyer, J.) Response by Jasper L. Tran† Geo. Wash. L. Rev. On the Docket (Oct. Term 2021) Slip Opinion | SCOTUSblog Copyright’s Legal Mistake Not every Supreme Court case is monumental.1 While some have certainly changed the law in drastic ways,2... Read More
Preview of the March 2022 Supreme Court Arguments
March 21 Berger v. North Carolina State Conf. of NAACP 21-248, 4th Cir. Preview by Erica Hackett, Online Editor The issue in this case is whether the President Pro Tempore of the North Carolina State Senate and the Speaker of the State House may intervene in litigation regarding a North Carolina voter ID law. Petitioners... Read More
Course-Correcting the Jones Act: A Solution for the Unintended Costs of a Maritime “Buy American” Law
Joshua Keyser 90 Geo. Wash. L. Rev. 270 The Jones Act, which mandates that coastwise trade between points in the United States be conducted by U.S.-built and flagged vessels, is a controversial piece of legislation. The century-old Act reserves the construction, crewing, and operation of all vessels engaged in domestic oceangoing shipping for American nationals... Read More