The “Ambiguity” Fallacy
Ryan D. Doerfler 88 Geo. Wash. L. Rev. 1110 This Essay considers a popular, deceptively simple argument against the lawfulness of Chevron. As it explains, the argument appears to trade on an ambiguity in the term “ambiguity”—and does so in a way that reveals a mismatch between Chevron criticism and the larger jurisprudence of Chevron... Read More
The Power to Vacate a Rule
Mila Sohoni 88 Geo. Wash. L. Rev. 1121 A vigorous debate has emerged concerning the legality and desirability of the “universal” or “nationwide” injunction. A key part of this debate implicates the meaning of the landmark statute that governs judicial review of agency action, the Administrative Procedure Act (“APA”). Many recent suits seeking nationwide injunctions... Read More
Time Is Not the Enemy
John M. Hindley 88 Geo. Wash. L. Rev. 1193 The conservative members of the Supreme Court desire to radically reshape the status quo of administrative law. To achieve this goal, conservative justices have focused on time preclusion statutes which provide for judicial review of agency action pre-enforcement but close off review once the time period... Read More
Interfering with the Watchman: OLC Disruption of the Statutory Whistleblower Process
Christine L. Coogle 88 Geo. Wash. L. Rev. 1221 In September 2019, the Department of Justice Office of Legal Counsel (“OLC”) issued an opinion concluding that the Director of National Intelligence had the authority to withhold from Congress an intelligence-community whistleblower complaint that alleged an abuse of power by the President and misconduct on the... Read More
Supporting the Agency “Designed to Do Nothing”: Creating a Regulatory Safety Net for the FEC
Arnab Datta 88 Geo. Wash. L. Rev. 1259 To say the Federal Election Commission (“FEC”) is in crisis would be a remarkable understatement. The agency created to limit corruption and enforce campaign finance compliance lacks a quorum and is unable to investigate or prosecute campaign finance violations. Amidst what is likely to be the most... Read More
What’s the Buzz about Standing?
Justin W. Aimonetti & Christian Talley · September 2020 88 Geo. Wash. L. Rev. Arguendo 175 Is the receipt of a single unsolicited, automated text message, sent in violation of a federal statute, a concrete injury in fact that establishes standing to sue in federal court? Judges nationwide have split over that deceptively simple question.... Read More
Unmasking Demeanor
Professor Julia Simon-Kerr · September 2020 88 Geo. Wash. L. Rev. Arguendo 158 Demeanor is seen as a critical tool for assessing credibility in U.S. courtrooms. From the Confrontation Clause to the Immigration and Nationality Act to the Federal Rules of Civil Procedure to the common law of credibility, the U.S. legal system gives preference... Read More
Eckhardt v. Des Moines: The Apex of Student Rights
Sean M. Sherman · August 2020 88 Geo. Wash. L. Rev. Arguendo 115 Fifty-five years ago, Christopher Eckhardt embarked on a journey that would leave an indelible mark on society as a plaintiff in the 1969 landmark student speech case, Tinker et al. v. Des Moines Independent Community School District. Since then, the Tinker family... Read More
McGirt v. Oklahoma: A Victory for Native Women
As Native women, we know the fight for the borders of our Tribal Nations is inextricably linked to the fight to preserve our lives.
Little Sisters of the Poor v. Pennsylvania: The Misuse of Complicity
When is an entity complicit in acts that it deems sinful but are performed, or potentially performed, by others?