Unjust Enrichment by Algorithm
Ayelet Gordon-Tapiero & Yotam Kaplan 92 Geo. Wash. L. Rev. 305 Social media platforms have become enormously powerful, accumulating wealth at an alarming rate and influencing public opinion with unprecedented efficiency. Platforms use algorithms that promote discriminatory, divisive, extreme, and false content. In recent years, content promoted by social media platforms fueled a series of... Read More
The Court Sidesteps Immigration Federalism Feud, For Now
It won't be long before the Supreme Court get the last word on Texas's aggressive attempt to take immigration enforcement into its own hands.
Will You “Notice” Me Already? Providing Notice of FLSA Collective Actions to Individuals Governed by Arbitration Agreements
Aeryka Fausett 92 Geo. Wash. L. Rev. 273 Collective actions provide employees with an important opportunity to challenge their employers’ alleged violations of workplace wage and hour laws under the Fair Labor Standards Act (“FLSA”). Unfortunately, unlike Rule 23 Class Actions, collective actions lack formal guidelines. Therefore, parties disagree on many of the important procedural... Read More
The Sustainability Paradox: A Competitive Case for Sustainability Agreements
Hannah Burdette 92 Geo. Wash. L. Rev. 248 American antitrust law has remained focused on one goal since the first antitrust statute—the Sherman Act—was passed: promoting competition. In striving toward this foundational goal, the Court has refined and expanded the contours of antitrust jurisprudence and the analytical tools it applies to alleged violations of competition... Read More
Rethinking Eisner v. Macomber, and the Future of Structural Tax Reform
Alex Zhang 92 Geo. Wash. L. Rev. 179 In June 2023, the Supreme Court granted the petition for a writ of certiorari in Moore v. United States, ostensibly a challenge to an obscure provision of the 2017 tax legislation. Moore’s real target is the constitutionality of federal wealth and accrual taxation, which policymakers have proposed... Read More
Regulating Guns as Products
Benjamin L. Cavataro 92 Geo. Wash. L. Rev. 87 Toy guns are subject to federal product safety regulation. Real guns are not. If a defect in an air rifle causes it to discharge without warning, the manufacturer would be required to promptly notify a safety regulator, the Consumer Product Safety Commission (“Commission”); to recall the... Read More
Patient or Prisoner
Ji Seon Song 92 Geo. Wash. L. Rev. 1 Carceral power expands into many institutions vital to social life. This Article focuses on one such important institution: the hospital in the free world. Hospitals outside of carceral institutions routinely treat, diagnose, screen, and discharge people under law enforcement and correctional control. Just as hospitals serve... Read More
National Pork Producers Council v. Ross: A Win for Farmed Pigs
Joan E. Schaffner, Kathy Hessler, and Iselin Gambert examine the Supreme Court's decision in National Pork Producers v. Ross and its broader implications on animal welfare laws.
Central Bank Immunity, Sanctions, and Sovereign Wealth Funds
Ingrid Brunk 91 Geo. Wash. L. Rev. 1616 Central bank assets held in foreign countries are entitled to immunity from execution under international law. Even as foreign sovereign immunity in general has become less absolute over time, the trend has been toward greater protection for foreign central bank assets. As countries expand their use of... Read More
Admiralty’s Influence
Maggie Gardner 91 Geo. Wash. L. Rev. 1585 From the earliest days of the republic, the broad scope of admiralty jurisdiction brought foreign parties and foreign disputes into federal courts. In order to support the system of maritime commerce, federal judges sitting in admiralty could and did hear disputes with no U.S. parties that arose... Read More