Preview of the October 2021 Supreme Court Arguments
For the first time in a year and a half, the Supreme Court will convene to hear oral arguments in person! Justice Kavanaugh has reportedly tested positive for COVID-19 despite being vaccinated, but oral arguments are still scheduled to proceed as planned. October 4 Mississippi v. Tennessee No. 143, Original Preview by Riven Lysander, Senior... Read More
Back to the Future: Sorting Old Law from New Technology in Blockchain Smart Contract Applications & Assessing the Need for Regulation
Françoise Birnholz & Kelsey Barthold · September 2021 89 Geo. Wash. L. Rev. Arguendo 96 Permissioned blockchains, which allow automation of routine processes through smart contracts, have the potential to streamline authentication and trade significantly. While there may be a popular conception of the blockchain as an anonymous ledger, the parties in a permissioned blockchain... Read More
Losing the “Right” Way Preserves the Narrow Scope of the Alien Tort Statute
July 31, 2021 Nestle USA, Inc. v. Doe, 593 U.S. ___ (2021) (Thomas, J.). Special Edition Response by Ralph G. Steinhardt1 Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Losing the “Right” Way Preserves the Narrow Scope of the Alien Tort Statute: NESTLE USA, INC., v. John DOE A Special Edition... Read More
I Just Took a DNA Test, Turns Out My Relative’s a Murder Suspect: Restoring Fourth Amendment Balance to Direct-to-Consumer DNA Testing Companies
Alexis B. Hill 89 Geo. Wash. L. Rev. 1046 Direct-to-consumer DNA testing companies (“DTC companies”) are the latest biotechnological boom. Millions of Americans in the last few years have voluntarily submitted their DNA for analysis to investigate their genetic history and locate distant relatives. These consumers, however, did not know that by submitting their DNA... Read More
Transforming Broker Discretion into Senior Executive Accountability
Emma Liggett 89 Geo. Wash. L. Rev. 1016 In the wake of recent scandals pervading the financial industry, Congress and federal securities regulators have attempted to rein in the abuse of discretion by those in positions to mismanage funds. Recent legislative and regulatory actions show an effort to incentivize compliant behavior and set standards of... Read More
Social Corporate Governance
Jeremy McClane & Yaron Nili 89 Geo. Wash. L. Rev. 932 Corporate directors, like most people, are social creatures, and their social networks affect their decisions. But directors’ social networks remain both understudied and undertheorized by scholars and inconsistently addressed by courts. This Article comprehensively examines the importance of director networks to corporate governance. Using... Read More
Title IX, Esports, and #EToo
Jane K. Stoever 89 Geo. Wash. L. Rev. 857 As colleges and universities increasingly award video gaming scholarships, field competitive esports teams, construct esports arenas in the centers of campuses, and promote student interaction through gaming, schools should anticipate the sexual cyberviolence, harassment, and technology-enabled abuse that commonly occur through gaming. This Article is the... Read More
Algorithms Acting Badly: A Solution from Corporate Law
Mihailis E. Diamantis 89 Geo. Wash. L. Rev. 801 Sometimes algorithms work against us. They offer many social benefits, but when they discriminate in lending, manipulate stock markets, or violate expectations of privacy, they can injure us on a massive scale. Only one-third of technologists predict that artificial intelligence will be a net positive for... Read More
NCAA v. Alston: Unanswered Questions About the Future of College Sports—and the Antitrust Rule of Reason
Important questions remain after the Supreme Court's Decision in NCAA v. Alston.
One “Vulgar” Cheerleader Vindicated—But Other Students May Still Face Discipline for Off-Campus Speech
July 8, 2021 Mahanoy Area School District v. B.L., 594 U.S. __ (2021) (Breyer, J.) Response by Catherine J. Ross Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog One “Vulgar” Cheerleader Vindicated—But Other Students May Still Face Discipline for Off-Campus Speech (An earlier version of this article appears at... Read More