#TimesUp For Confidential Employment Arbitration of Sexual Harassment Claims
Meagan Glynn 88 Geo. Wash. L. Rev. 1042 It is the unfortunate reality that sexual harassment is still a common occurrence in the American workplace. Thanks to the #MeToo and #TimesUp movements, this problem has moved to the forefront of public discourse. In an effort to eradicate this behavior, academics and legal practitioners have identified... Read More
Congratulations, You’re Having Twins! But Only One is a U.S. Citizen: How Constitutional Avoidance Should Be Used to Avoid Discrimination Against Same-Sex Couples Through the Denial of Birthright Citizenship
Macy Mize 88 Geo. Wash. L. Rev. 1014 Assisted Reproductive Technology has become a widely used way to start a family around the world, specifically for same-sex couples. With it have also come emerging legal problems regarding parentage and birthright citizenship. Currently, for a child born abroad to be granted birthright citizenship in the United... Read More
Consumer Expectations and Consumer Protection
Shayak Sarkar 88 Geo. Wash. L. Rev. 949 Regulators go to considerable lengths to shape specific product choices—the homes we buy, which college we attend, how we save for retirement. Yet the primary governmental mechanism shaping consumer choice may be our general expectations—our reasons for purchasing a home or higher education at all. This is... Read More
Uncooperative Environmental Federalism: State Suits Against the Federal Government in an Age of Political Polarization
Albert C. Lin 88 Geo. Wash. L. Rev. 890 The conventional account of most U.S. environmental regulation goes something like this: cooperative federalism schemes accommodate state and federal interests while tapping into the respective strengths of centralized and decentralized regulation. In cooperative federalism arrangements, the federal government sets minimum environmental standards and invites the states... Read More
Choosing Affordable Health Insurance
Govind Persad 88 Geo. Wash. L. Rev. 819 The Affordable Care Act (“ACA”) made health insurance accessible to many. Yet unaffordable insurance still abounds. This Article proposes a strategy for improving affordability that enables health insurance purchasers to choose, within reasonable limits, which treatments their insurance covers. After critiquing recently proposed strategies for improving affordability... Read More
Clerking for a Retired Supreme Court Justice—My Experience of Being “Shared” Among Five Justices in One Term
Professor Rory K. Little · July 2020 88 Geo. Wash. L. Rev. Arguendo 83 In 1932, Justice Oliver Wendell Holmes Jr. retired but continued to employ Mark DeWolfe Howe as his law clerk. A tradition of retired U.S. Supreme Court Justices employing a law clerk has continued, apparently intermittently, since that time. At some point,... Read More
Law Clerks: A Jurisprudential Lens
Professor Perry Dane · July 2020 88 Geo. Wash. L. Rev. Arguendo 54 2019 was the putative hundredth anniversary of the formal institution of Supreme Court law clerks. It is understandable at this milestone to focus on biography, history, and warm personal reminiscences. As a former clerk to Justice William J. Brennan Jr., memories of... Read More
Supreme Court Clerks and the Death Penalty
Professor Matthew Tokson · July 2020 88 Geo. Wash. L. Rev. Arguendo 48 My first weeks as a Supreme Court clerk were, in many ways, shocking. I was shocked to be sitting in Ruth Bader Ginsburg’s office, listening to her discuss the upcoming term. I was awestruck as I wandered the Court’s red- carpeted halls,... Read More
Chiafalo v. Washington: Presidential Elections Are Messy Enough Already
In Chiafalo, the Supreme Court averted electoral chaos. This November, it may need do so again.
The Bottom Lines in the Trump Subpoena Cases: More Losses Than Wins for the President, but No One Is Going to See His Tax Returns Soon
Congress now has a roadmap that it can follow when it wants to obtain documents from the public at large, as well as the executive branch.