Google v. Oracle: Copying Declaring Code Is Fair Use
April 18, 2021 Google LLC v. Oracle America, Inc., 583 U.S. __ (2021) (Breyer, J.). Response by Jasper L. Tran & Kristen C.A. Kido Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Google v. Oracle: Copying Declaring Code Is Fair Use Not all code is created equal—at least not... Read More
Early Delegations of Federal Powers
John Vlahoplus · April 2021 89 Geo. Wash. L. Rev. Arguendo 55 Conservatives have long tried to eviscerate federal administrative law by divining an implicit constitutional doctrine forbidding Congress to delegate its legislative powers. Contemporary originalists continue the effort, arguing that the original meaning of the Constitution includes this doctrine despite its absence from the... Read More
The Battle for Recognition: Granting Hmong Special Guerilla Unit Veterans Access to VA Benefits
Emily Jenkins · March 2021 89 Geo. Wash. L. Rev. Arguendo 28 Between 1961 and 1973, the U.S. Central Intelligence Agency secretly directed and operated a paramilitary force of Hmong guerilla fighters in Laos. This paramilitary force, standing in the place of American servicemembers, contained the communist forces in Laos and secured the attention of... Read More
Picture Perfect: Reforming Law Enforcement Use of Image Editing in Eyewitness Identification
Nicholas Drews 89 Geo. Wash. L. Rev. 429 Eyewitness identification is a notoriously unreliable form of evidence in criminal trials, yet juries tend to accord significant weight to the testimony of eyewitnesses. This concern is at the forefront of modern efforts to reform eyewitness identification procedure and reduce the risk of misidentification and wrongful conviction.... Read More
What Does Web Accessibility Look Like Under the ADA?: The Need for Regulatory Guidance in an E-Commerce World
Youlan Xiu 89 Geo. Wash. L. Rev. 400 Suing website owners for violations of public accommodations law has become one of the fastest rising areas of civil litigation in recent years. In 2018, the Eleventh Circuit held that Dunkin’ Donuts’ website was in violation of Title III of the Americans with Disabilities Act (“ADA”). The... Read More
Rebooting Internet Immunity
Gregory M. Dickinson 89 Geo. Wash. L. Rev. 347 We do everything online. We shop, plan travel, invest, socialize, and even hold garage sales. Even though we may not care whether a company operates online or in the physical world—the distinction has important consequences for the companies themselves. Online and offline entities are governed by... Read More
Standing and Contracts
F. Andrew Hessick 89 Geo. Wash. L. Rev. 298 In Spokeo v. Robbins, the Supreme Court held that, to establish Article III standing to bring suit in federal court, a plaintiff cannot simply allege the violation of a legal right. Instead, the plaintiff must allege an injury in fact. Although it addressed standing to bring... Read More
The Costs of Dissent: Protest and Civil Liabilities
Timothy Zick 89 Geo. Wash. L. Rev. 233 This Article examines the civil costs and liabilities that apply to individuals who organize, participate in, and support protest activities. Costs ranging from permit fees to punitive damages significantly affect First Amendment speech, assembly, and petition rights. A variety of common law and statutory civil claims also... Read More
Preview of the Late March 2021 Supreme Court Arguments
Previews of Cedar Point Nursery v. Hassid, U.S. v. Cooley, Caniglia v. Strom, Goldman Sachs Grp, Inc. v. Ark. Teacher Ret. Sys., TransUnion LLC v. Ramirez, and Nat’l Collegiate Athletic Ass’n v. Alston.
Click at Your Own Risk: Free Speech for Public Employees in the Social Media Age
Madyson Hopkins · March 2021 89 Geo. Wash. L. Rev. Arguendo 1 An individual’s right to exercise free speech is one of the most fundamental rights guaranteed by the Constitution. However, individuals who work for the government do not receive the same protections over their speech as private citizens. Their speech is protected to a... Read More