Reproductive Due Process

Meghan Boone 88 Geo. Wash. L. Rev. 511 This Article engages in a thought experiment. It assumes that the Supreme Court has correctly identified the constitutional scope of the substantive right to abortion by balancing a pregnant person’s right to liberty with the state’s interest in potential life. Following on this assumption, it asks the...
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Criminal (Dis)Appearance

Pamela R. Metzger Janet C. Hoeffel 88 Geo. Wash. L. Rev. 392 Across the United States, thousands of newly arrested people disappear. They languish behind bars for days, weeks, or even months without ever seeing a judge or an attorney. Yet, the Supreme Court requires more constitutional process for the seizure “of a refrigerator, the...
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Executive Private Misconduct

Tom C.W. Lin 88 Geo. Wash. L. Rev. 327 Executives misbehave. In recent years, the world has been outraged and appalled by the shocking misbehavior of corporate executives. Some of their behavior have been plainly unethical; others have been deeply offensive; and still others have been simply criminal. Regardless of the misbehavior, such executive private...
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Probable Cause with Teeth

Cynthia Lee 88 Geo. Wash. L. Rev. 269 Recent incidents involving African Americans arrested by police for engaging in activities that would rarely lead to police intervention if engaged in by white individuals highlight the need for clarity regarding how much certainty of guilt is required before an officer can arrest an individual. The United...
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“Permanently Incorrigible” Is a Patently Ineffective Standard: Reforming the Administration of Juvenile Life Without Parole

Casey Matsumoto 88 Geo. Wash. L. Rev. 239 Juvenile life without parole (“JLWOP”) is the most severe criminal penalty for juveniles tolerated by the Eighth Amendment’s prohibition against cruel and unusual punishment and is imposed only on those juvenile defendants convicted of homicide crimes. In Miller v. Alabama, the Supreme Court struck down mandatory JLWOP...
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The Privacy Revolution Begins: Did Carpenter Just Give Bitcoin Users a Chance to Strike Down the Bank Secrecy Act?

Christopher Lloyd 88 Geo. Wash. L. Rev. 204 The 21st century has seen tremendous advances in financial technology, many of which the American legal system is just beginning to understand. One technological development, the cryptocurrency known as “Bitcoin,” holds the potential to both democratize access to capital and facilitate transactions without the need for a...
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Defensive Glass Ceilings

Anthony Michael Kreis 88 Geo. Wash. L. Rev. 147 The #MeToo movement is a grassroots effort mobilized by survivors of sexual assault and harassment to end sexual violence and sex-based discrimination against women. Though in its infancy, the movement has catalyzed significant legal and cultural reform by revealing credible accusations of sexual misconduct and tarnishing...
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Penalizing Presence

Andrew Tae-Hyun Kim 88 Geo. Wash. L. Rev. 76 “Illegals.” “Rapists.” “Criminals.” “Aliens.” “Animals.” These labels have defined what it means to be an undocumented immigrant in the United States today. Undocumented status as stigma is an overdetermining identity trait that overwrites other identity dimensions and has become entrenched in both legal and cultural norms....
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