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,...
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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...
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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...
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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....
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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...
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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...
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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...
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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...
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