A Gatekeeper Approach to Product Liability for Amazon
Austin Martin 89 Geo. Wash. L. Rev. 768 Amazon has revolutionized consumer shopping by providing a marketplace platform that connects consumers to third-party producers selling millions of products. Amazon reaps tremendous financial benefits from the sale of third-party products over its platform but incurs very little responsibility when defective third-party products harm consumers. In recent... Read More
Reasonable Doubt: In Law the Highest Burden—In Fact Barely a Burden
Nicholas Contarino 89 Geo. Wash. L. Rev. 738 For hundreds of years, the legal field has disagreed about whether to define the criminal burden of proof “beyond a reasonable doubt,” and if so, how best to define it. As a result, courts have traditionally left the phrase undefined— an approach endorsed by the Supreme Court.... Read More
Risky Education
Osamudia James 89 Geo. Wash. L. Rev. 667 Inequality in American education is not only about race and class. Rather, it is also about risk: the systematic way in which parents and caregivers deal with the hazards and insecurities induced and introduced by the state’s abdication of responsibility for public education, particularly against a backdrop... Read More
War Powers Abrogation
Jeffrey M. Hirsch 89 Geo. Wash. L. Rev. 593 The United States’ peacetime security is based entirely on its all-volunteer armed forces. These volunteers, split equally between full- and part-time servicemembers, risk not only their health and safety, but also their economic stability when they are called away from home for training or active duty.... Read More
A Car, A Contract… Or An Indictment?
May 25, 2021 Niz-Chavez v. Garland, 593 U.S. ___ (2021) (Gorsuch, J.). Response by Ana Corina “Cori” Alonso-Yoder Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog A Car, A Contract… Or An Indictment? Conservatives split on the meaning of deportation documents in Niz-Chavez v. Garland In 1996, Congress passed... Read More
Modeling Narrowest Grounds
Maxwell Stearns 89 Geo. Wash. L. Rev. 461 The Supreme Court’s doctrinal statements governing nonmajority opinions demonstrate inconsistencies and confusion belied by the Justices’ behaviors modeling the narrowest grounds doctrine. And yet, lower courts are bound by stated doctrine, beginning with Marks v. United States, not rules of construction inferred from judicial conduct. This Article... Read More
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