Delegating and Regulating the President’s Section 232 and IEEPA Trade Powers
Jacob Reiskin 89 Geo. Wash. L. Rev. 1280 Congress has provided the President extraordinary authority to enact emergency trade remedies. Throughout the Trump Administration, American consumers and manufacturers paid the costs of this delegation. This Essay considers procedural reforms that Congress should pass to ensure that future Presidents do not have unchecked authority to order... Read More
Permissible Derogation: The Common Law and Agency Interpretations Under Chevron
Jalen LaRubbio 89 Geo. Wash. L. Rev. 1261 The common law has undergirded American society since the founding. In recent decades, however, the law surrounding federal administrative agencies has grown massively in importance. Inevitably, instances of conflict between established common law and agency statutory interpretations have arisen and will continue to arise as the administrative... Read More
Remand and Dialogue in Administrative Law
Christopher J. Walker & James R. Saywell 89 Geo. Wash. L. Rev. 1198 A bedrock principle of administrative law is that when a court finds an agency has erred, the court generally remands the action for the agency to consider anew (as opposed to the court deciding the matter itself). The conventional understanding is that... Read More
How Chevron Deference Fits into Article III
Kent Barnett 89 Geo. Wash. L. Rev. 1143 U.S. Supreme Court Justices Clarence Thomas and Neil Gorsuch, along with Professor Philip Hamburger, assert that Chevron deference—under which courts defer to reasonable agency statutory interpretations—violates Article III. Chevron does so because, they argue, it either permits agencies, not courts, “to say what the law is” or... Read More
Nondelegation as Constitutional Symbolism
Kristin E. Hickman 89 Geo. Wash. L. Rev. 1079 The divided Supreme Court in Gundy v. United States and subsequent events have given rise to an expectation that the Court will soon revitalize the nondelegation doctrine by replacing the intelligible principle standard. Some have greeted the prospect of this doctrinal shift with cheers of exaltation,... Read More
Personal Jurisdiction in Climate Change Common Law Litigation Post-Ford
October 6, 2021 Ford Motor Company v. Montana Eighth Judicial District Court, 592 U.S. ___ (2021) (Kagan, J.). Special Edition Response by Jonathan Remy Nash† Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Personal Jurisdiction in Climate Change Common Law Litigation Post-Ford A Special Edition Response Recent years have witnessed attempts... Read More
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