Uzuegbunam v. Preczewski: Nominal Standing and the Lone Dissenter
Long ago, the Supreme Court invalidated presumed general damages to compensate for the inherent value of the constitutional rights. Could the Uzuegbunam decision signal deeper respect for dignitary harms?
Carney v. Adams: Standing on Unaffiliated Voters’ Rights
The Court’s decision here tramples over the rights of unaffiliated and third-party voters.
Preview of the February/March 2021 Supreme Court Arguments
February 22 Florida v. Georgia No. 142, Original Preview by Austin Martin, Senior Online Editor This case concerns a decades-long dispute over rights to the waters flowing from Georgia into Florida’s Apalachicola Bay. The states previously reached the Supreme Court in 2018 when Florida claimed that its portion of the Apalachicola-Chattahoochee-Flint River Basin (“ACF Basin”)... Read More
I Presume We’re (Commercially) Speaking Privately: Clarifying the Court’s Approach to the First Amendment Implications of Data Privacy Regulations
Geoffrey Comber 89 Geo. Wash. L. Rev. 202 One of the distinguishing features of the information age we live in is the vast troves of information collected and compiled about us each day—particularly online. As we become more aware of just how much personal information is online, and as some of the biggest collectors of... Read More
Drugs and Racketeering Don’t Mix: The Potential Achilles’ Heel of the National Prescription Opiate Litigation
Shane Roberts 89 Geo. Wash. L. Rev. 173 In 1970, Congress created a powerful litigation weapon to combat organized crime: the Racketeer Influenced and Corrupt Organizations Act (“RICO”). The government originally used this statute successfully to prosecute notorious organized crime groups like La Cosa Nostra. In addition to its criminal sanctions, RICO also contains a... Read More
FedAccounts: Digital Dollars
John Crawford, Lev Menand & Morgan Ricks 89 Geo. Wash. L. Rev. 113 We are entering a new monetary era. Central banks around the world—spurred by the development of privately controlled digital currencies as well as competition from other central banks—have been studying, building, and, in some cases, issuing central bank digital currency (“CBDC”). Although... Read More
Junk Science at Sentencing
Maneka Sinha 89 Geo. Wash. L. Rev. 52 Junk science used in criminal trials has contributed to hundreds of wrongful convictions. But the problem is much worse than that. Junk science does not only harm criminal defendants who go to trial, but also the overwhelming majority of defendants—over ninety-five percent—who plead guilty, skip trial, and... Read More
The Myth of the Privacy Paradox
Daniel J. Solove 89 Geo. Wash. L. Rev. 1 In this Article, Professor Daniel Solove deconstructs and critiques the privacy paradox and the arguments made about it. The “privacy paradox” is the phenomenon where people say that they value privacy highly, yet in their behavior relinquish their personal data for very little in exchange or... Read More
Preview of the January 2021 Supreme Court Arguments
January 11 Pham v. Guzman Chavez No. 19-897, 4th Cir. Preview by Nick Contarino, Online Editor The Immigration and Nationality Act (“INA”) sets out a comprehensive scheme for the detention and removal of noncitizens unlawfully located in the territory of the United States. 8 U.S.C. § 1101 et seq. (2018) The Act provides a streamlined method... Read More
Modernizing CFIUS
Heath P. Tarbert 88 Geo. Wash. L. Rev. 1477 Although foreign investment has been a critical component of U.S. economic growth since our nation’s founding, such investment has not always been benign. For over four decades, the Committee on Foreign Investment in the United States (“CFIUS”) has been the U.S. government’s primary tool for monitoring... Read More