Competition Policy and the Global Economy: Current Developments and Issues for Reflection
Robert D. Anderson, William E. Kovacic, Anna Caroline Müller, Antonella Salgueiro, & Nadezhada Sporysheva 88 Geo. Wash. L. Rev. 1421 Competition policy, today, is an essential element of the legal and institutional framework for the global economy. Increasingly, major issues of competition law enforcement and policy implicate the interests of multiple jurisdictions. This Article examines... Read More
Show Us the Data: Privacy, Explainability, and Why the Law Can’t Have Both*
Thomas D. Grant & Damon J. Wischik 88 Geo. Wash. L. Rev. 1350 Two rights—the right to privacy and the right to an explanation when automated decision-making affects an individual—are in fundamental conflict. To recognize the conflict, one needs to understand two things: (1) how machine learning works and (2) how a litigant in a... Read More
License to All or Access to All? A Law and Economics Assessment of Standard Development Organizations’ Licensing Rules
Anne Layne-Farrar & Richard J. Stark 88 Geo. Wash. L. Rev. 1307 In the continuing debate over licensing standard essential patents (“SEPs”) on fair, reasonable, and non-discriminatory (“FRAND”) terms and conditions, one of the most heated topics is whether FRAND commitments should be interpreted to require licensing all comers or whether access to standards can... Read More
Business, Risk, & China’s MCF: Modest Tools of Financial Regulation for a Time of Great Power Competition
F. Scott Kieff 88 Geo. Wash. L. Rev. 1281 Doing business and investing both require mindfulness about risk, and market regulatory systems aim to ensure risk is appropriately disclosed. Recent discussions of today’s international system of Great Power Competition by U.S. Secretary of State Mike Pompeo mention risk from China’s Military-Civil Fusion (“MCF”). For U.S.... Read More
Slavery, Jim Crow, and Mass Incarceration: Could the Thirteenth Amendment Hold the Key to Racial Equity in Criminal Justice?
S. Thomas Perry · December 2020 88 Geo. Wash. L. Rev. Arguendo 225 The United States incarcerates people at a higher rate than any other country on Earth. Within the U.S., Black people—particularly at the state level—are incarcerated at disproportionately high rates relative to the total population, the rate at which white people are incarcerated,... Read More
Preview of the December 2020 Supreme Court Arguments
November 30 Trump v. New York No. 20-366, S.D.N.Y. Preview by Emma Eisendrath, Member Members of the U.S. House of Representatives are apportioned based on population counts conducted every ten years. This case is about whether apportionment calculations may exclude undocumented immigrants. On July 21, 2020, President Trump issued a memorandum ordering the Secretary of... Read More
Funding Indigent Defense: A Judicial Solution to a Legislative Failure
Abigail Hollinger · November 2020 88 Geo. Wash. L. Rev. Arguendo 195 Every defendant in the United States is entitled to effective legal representation when facing a crime punishable by imprisonment. When a defendant cannot afford an attorney, the government is required to provide one. At least, that is what the Supreme Court has said.... Read More
Preview of the November 2020 Supreme Court Arguments
November 2 U.S. Fish & Wildlife Service v. Sierra Club, Inc. No. 19-547, 9th Cir. Preview by Nick Contarino, Online Editor The Environmental Protection Agency (“EPA”) submitted a regulation to the Fish and Wildlife Service and National Marine Fisheries Service (“Services”) for the Services’ review under the Endangered Species Act (“ESA”). Brief for Respondent at... Read More
Preview of the October 2020 Supreme Court Arguments
October 5 Carney v. Adams No. 19-309, 3d Cir. Preview by Austin Martin, Senior Online Editor Delaware’s Constitution requires that the judiciary be politically balanced. The “bare majority provision” restricts Delaware’s three business courts—the Supreme Court, Superior Court, and Court of Chancery—from individually or collectively having more than a single-judge majority from any political party.... Read More
Administrative Law’s Shadow
Jacob E. Gersen 88 Geo. Wash. L. Rev. 1071 This Essay explores the shadow of administrative law. A good deal of government authority that is administrative for all intents and purposes is wielded by organizations and institutions that are not legally classified as administrative agencies. Some of these entities are private firms; some are hybrid... Read More