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
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