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... Read More
Profiting on Your Pulse: Modernizing HIPAA to Regulate Companies’ Use of Patient-Consumer Health Information
Anna Mizzi 88 Geo. Wash. L. Rev. 481 Technology knows the most intimate details of our lives: our exercise and eating habits, our ability to conceive children, even how often we dream or have sex. Companies like the fitness wearable giant FitBit, the meditation and anxiety support app Headspace, and the widely used period and... Read More
My Brother’s Keeper: A Framework for a Legal Obligation to Respect Human Rights in Global Supply Chains
Dylan Hays 88 Geo. Wash. L. Rev. 454 Recent decades of globalization have brought enormous prosperity but also boundless potential for human rights abuses. With the fragmentation of supply chains into different stages, dispersed around the globe, consumers and businesses often have little idea of the social costs embedded in the products they purchase and... Read More
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... Read More
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... Read More
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... Read More
“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... Read More
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... Read More
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... Read More
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.... Read More