Before the Breach: The Role of Cyber Insurance in Incentivizing Data Security
Brendan Heath 86 Geo. Wash. L. Rev. 1115 Data breaches continue to increase in size, scope, and consequence as companies face the prospect of millions of personal records of their customers or clients being disclosed to internet hackers. In the face of this growing risk, insurance policies explicitly written to cover cyber incidents offer benefits to society in the form of... Read More
Digital Data and Patents at the International Trade Commission: A Path Forward After ClearCorrect
Jill Greenfield 86 Geo. Wash. L. Rev. 1079 With the rise of 3D printing and the digitization of things, consumers are now able to replicate patented goods in their own homes using design files that are both widely available and easily shared. Society is on the brink of a new digital revolution, and patent holders are about to encounter the... Read More
FBI Independence as a Threat to Civil Liberties: An Analogy to Civilian Control of the Military
Justin Walker 86 Geo. Wash. L. Rev. 1011 At a time when the President is under investigation, and in the wake of a controversial dismissal of the FBI Director, the need for an “independent” FBI has appeared to many to be more important than ever. Indeed, the Senate would not have confirmed the new FBI Director, Christopher Wray, if he... Read More
The Trespass/Nuisance Divide and the Law of Easements
Kenneth A. Stahl 86 Geo. Wash. L. Rev. 966 The law of easements is a mess. In one case, a property owner ends up with a landlocked parcel because, although he had a desperate need to traverse his neighbor’s land to access a public road, the necessity did not arise from the severance of a unified parcel. In another, a... Read More
Franchise Regulation for the Fissured Economy
Andrew Elmore 86 Geo. Wash. L. Rev. 907 Franchise stores employ nearly nine million people in the United States. Many franchisors, which own trademarks that they license to franchisees, are among the largest, most sophisticated corporations in the United States. Yet franchise store employees are often paid below the minimum wage and frequently report unsafe workplaces and workplace discrimination. The thesis... Read More
Preserving the Families of Homeless and Housing-Insecure Parents
H. Elenore Wade 86 Geo. Wash. L. Rev. 869 Every year in the United States, state child welfare agencies receive millions of reports of suspected child neglect. The families involved in these reports are often first subjected to government interference in the legally protected parent-child relationship on the basis of “neglect,” a legal concept that lacks an... Read More
Increasing United States–China Cooperation on Anti-Corruption: Reforming Mutual Legal Assistance
Eleanor Ross 86 Geo. Wash. L. Rev. 839 In 2012, President Xi Jinping announced a new anti-corruption policy for the People’s Republic of China (“China”). This policy included sending Chinese officials to recover economic fugitives who fled to foreign countries that did not have extradition treaties with China. One such country is the United States, which has... Read More
Deliberate Indifference: Why Universities Must Do More to Protect Students from Sexual Assault
A.J. Bolan 86 Geo. Wash. L. Rev. 804 The current construction of Title IX provides no incentive for universities to prevent the sexual harassment of students by their peers. Student victims of peer sexual assault must prove that their university acted in a way that was “deliberately indifferent” to the knowledge of their assault or harassment. This... Read More
Our Unconstitutional Reapportionment Process
Gerard N. Magliocca 86 Geo. Wash. L. Rev. 774 This Essay argues that the process used to reapportion representatives among the states after each census violates Section Two of the Fourteenth Amendment. Section Two provides that the apportionment of representatives must be done based on total population unless a state disenfranchises a sufficient number of people who... Read More
Green Ethics for Judges
Tom Lininger 86 Geo. Wash. L. Rev. 711 As a sequel to Green Ethics for Lawyers, which appeared in the Boston College Law Review in 2016, this Article proposes new ethical rules for judges in order to ensure proper cognizance of environmental risks. The Article considers arguments for and against the promulgation of unique rules for environmental... Read More