Exposure as Distortion: Deciphering “Substantial Injury” for FTC Data Security Actions
Maxwell E. Loos · November 2019 87 Geo. Wash. L. Rev. Arguendo 42 If the Equifax breach of 2017 demonstrated anything, it is that consumers in the digital age are mostly powerless to protect their sensitive data from hackers and identity thieves—when companies continue to collect massive amounts of sensitive consumer data while failing to invest... Read More
On the Docket’s Preview of the November Supreme Court Arguments
November 4 Barton v. Barr No. 18-725, 11th Cir. Preview by Nicholas Drews Andre Barton, a citizen of Jamaica, was admitted to the United States in May 1989 and became a lawful permanent resident in 1992. Barton was arrested in January 1996 and convicted of aggravated assault, criminal damage to property, and possession of a... Read More
On the Docket’s Preview of the October Supreme Court Arguments
October 7 Kahler v. Kansas No. 18-6135, Kan. Preview by Michael Fischer, Online Editor In response to several high-profile cases wherein defendants were found not guilty by reason of insanity, the State of Kansas passed legislation in 1995 which effectively abolished the insanity defense for criminal defendants. Thirteen years later, Kraig Kahler was experiencing numerous... Read More
Dangers of the Digital Stockade: Modernizing Constitutional Protection for Individuals Subjected to State-Imposed Reputational Harm on Social Media
Kelsey Stein 87 Geo. Wash. L. Rev. 996 The explosion of social media has altered the dissemination of information about the criminal justice system, as well as public conversations about individuals accused of crimes. Law enforcement agencies, seeking to supplant traditional news media, have expanded their social media presence from issuing basic public information to... Read More
OBAMACARS: Applying an Insurance Mandate to Manufacturers of Fully Autonomous Vehicles
Eric Cheng 87 Geo. Wash. L. Rev. 973 Automobile accidents in the United States account for thousands of deaths and millions of dollars in personal injury and property damage claims every year. Because human error is the overwhelming cause of these accidents, the development of autonomous or self-driving vehicles is a valuable and inevitable contribution... Read More
“Major Questions” Moderation
Joshua S. Sellers 87 Geo. Wash. L. Rev. 930 The Chevron doctrine instructs federal courts to afford deference to reasonable agency interpretations of ambiguous authorizing statutes. Yet in select instances, courts have deviated from Chevron’s command. One of the more confounding deviations is found in cases involving “major questions.” Under this burgeoning doctrine, courts have... Read More
Supermajoritarian Criminal Justice
Aliza Plener Cover 87 Geo. Wash. L. Rev. 875 Democracy is often equated with majority rule. But closer analysis reveals that, in theory and by constitutional design, our criminal justice system should be supermajoritarian, not majoritarian. The Constitution guarantees that criminal punishment may be imposed only when backed by the supermajoritarian—historically, unanimous—approval of a jury... Read More
The Tethered Economy
Chris Jay Hoofnagle, Aniket Kesari & Aaron Perzanowski 87 Geo. Wash. L. Rev. 783 Imagine a future in which every purchase decision is as complex as choosing a mobile phone. What will ongoing service cost? Is it compatible with other devices you use? Can you move data and applications across devices? Can you switch providers?... Read More
Clerks at 100
Join us Friday, October 4th for a symposium focusing on the institution of Supreme Court clerkships. Essays will be published on the George Washington Law Review’s Arguendo. Find More Information About the Public Portion of the Event Here. Register For the Event Here. *** Private Pre-Panel for GW Law Students, Alumni & Faculty: Clerking at... Read More
A Review of The Cost-Benefit Revolution and Carceral Capitalism
James Hannaway · September 2019 87 Geo. Wash. L. Rev. Arguendo 26 In The Cost-Benefit Revolution, Cass Sunstein celebrates the dominance of cost-benefit analysis in administrative law and imagines new frontiers for its application. While he acknowledges problems associated with cost-benefit analysis like failing to account for unfair distributions of resources or intangible dignitary concerns,... Read More