The New Financial Extraterritoriality
Pierre-Hugues Verdier 87 Geo. Wash. L. Rev. 239 In a series of recent cases, the Supreme Court has vigorously applied the presumption against extraterritoriality to curtail the territorial reach of federal statutes. During the same period, however, federal prosecutors have brought an unprecedented wave of criminal cases against foreign banks for activities centered abroad, including... Read More
Crossing the River: Lorenzo v. Securities and Exchange Commission
April 2, 2019 Lorenzo v. SEC, 586 U.S. ___ (2019) (Breyer, J.). Response by Theresa A. Gabaldon Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog Crossing the River: Lorenzo v. Securities and Exchange Commission Section 17(a)(1) of the Securities Act of 1933 provides that it is “unlawful for any... Read More
Defining “the”: In Nielsen v. Preap the Court relies on language arts to justify detention of immigrants
April 1, 2019 Nielsen v. Preap, 586 U.S. ___ (2019) (Alito, J.). Response by Cori Alonso-Yoder Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog Defining “the”: In Nielsen v. Preap the Court relies on language arts to justify detention of immigrants What does “when” mean? Is it evident what... Read More
On the Docket’s Preview of the March Supreme Court Arguments
March 18 Virginia House of Delegates v. Bethune Hill No. 18-281, E.D. Va. Preview by Sean Lowry, Online Editor* In Virginia House, the Court will re-examine a Virginia state electoral map for racial gerrymandering claims and hear new arguments about who has the standing to defend the map on appeal. The initial controversy arose when voters... Read More
Of Birdies and Bribery: Closing the Corrupt Pathway Between Donors’ Checkbooks and Candidates’ Pockets
Fahad Khan · March 2019 87 Geo. Wash. L. Rev. Arguendo 1 Each election cycle brings about new fundraising and spending tactics, and with them, new public concern about the corrupting influence of money in politics. But while past concerns have been focused on the origins and volume of money flowing into the campaign sphere,... Read More
What If the World Bank Financed Human Rights Violations: Jam v. International Finance Corporation
March 11, 2019 Jam v. International Finance Corporation, 586 U.S. ___ (2019) (Roberts, C.J.). Response by Ralph G. Steinhardt Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog What If the World Bank Financed Human Rights Violations: Jam v. International Finance Corporation At first glance, the Supreme Court’s 7–1 decision... Read More
What Timbs Does Not Say
March 7, 2019 Timbs v. Indiana, 586 U.S. ___ (2019) (Ginsburg, J.). Response by Suja A. Thomas Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog What Timbs Does Not Say Timbs v. Indiana1 isn’t a surprising case. Over time, the United States Supreme Court successively has decided that different... Read More
On the Docket’s Preview of the February Supreme Court Arguments
February 19 Return Mail, Inc. v. United States Postal Service No. 17-1594, Fed. Cir. Preview by Michelle Divelbiss, Online Editor It has been almost a decade since the Supreme Court decided that corporations are people, and now the Court looks to whether the government is a “person.” Under the Leahy-Smith America Invents Act (“AIA”), patent... Read More
Hearsay in the Modern Age: Balancing Practicality and Reliability by Amending Federal Rule of Evidence 801(d)(1)(A)
Madeline Smedley 87 Geo. Wash. L. Rev. 207 The Advisory Committee on the Federal Rules of Evidence is considering amending Federal Rule of Evidence 801(d)(1)(A) to make prior inconsistent statements captured on audiovisual devices admissible for their substantive value rather than solely for impeachment purposes. Although this proposed change allows litigants to leverage the benefits of digital technology, the proposal lacks the... Read More
The First American Climate Refugees and the Need for Proactive Relocation
Kelley Pettus 87 Geo. Wash. L. Rev. 172 American disaster response under the Stafford Act currently provides only reactive responses to natural and man-made disasters, offering assistance to states under major disaster or emergency declarations once harm has occurred. In the age of climate change, where future disasters are accurately predictable and resulting harm is preventable, the United States should adopt... Read More