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
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