Things of Which We Dare Not Speak: An Essay on Wrongful Life
James A. Henderson, Jr. 86 Geo. Wash. L. Rev. 689 American courts currently reject most wrongful life claims—claims that a medical provider’s negligence made it possible for the plaintiff, destined from conception to experience significant genetically derived disability, to be born. Courts give two main reasons for rejecting wrongful life claims. First, because human life is sacred,... Read More
Trump v. Hawaii: Bait and Switch–The Supreme Court’s Travel Ban Decision and Korematsu
July 15, 2018 Trump v. Hawaii, 585 U.S. ___ (2018) (Roberts, C.J.). Response by Anita Sinha Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | CNBC | SCOTUSblog Trump v. Hawaii: Bait and Switch–The Supreme Court’s Travel Ban Decision and Korematsu In the 5–4 Trump v. Hawaii1 decision, the U.S. Supreme... Read More
Lucia v. SEC
July 3, 2018 Lucia v. SEC, 585 U.S. ___ (2018) (Kagan, J.). Response by Richard J. Pierce, Jr. Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | SCOTUSblog Lucia v. SEC The only issue in Lucia v. SEC1 was whether Securities and Exchange Commission (“SEC”) Administrative Law Judges (“ALJs”) are employees or... Read More
Carpenter v. United States: Big Data is Different
July 2, 2018 Carpenter v. United States, 585 U.S. ___ (2018) (Roberts, C.J.). Response by Margot E. Kaminski Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | SCOTUSblog Carpenter v. United States: Big Data Is Different A central truism of U.S. privacy law is that if you share information, you do not... Read More
Why Art Does Not Need Copyright
Amy Adler 86 Geo. Wash. L. Rev. 313 This Article explores the escalating battles between visual art and copyright law in order to upend the most basic assumptions on which copyright protection for visual art is grounded. It is a foundational premise of intellectual property law that copyright is necessary for the “progress” of the arts. This Article demonstrates that this... Read More
The Myth of Free
John M. Newman 86 Geo. Wash. L. Rev. 513 Myths matter. This Article is the first to confront a powerful myth that pervades modern economic, technological, and legal discourse: the Myth of Free. The prevailing view is that consumers capture massive welfare surplus from a flood of innovative new products that are offered free of charge. Economists, legal scholars, and industry... Read More
What Happens Behind Bars Should Not Stay Behind Bars: The Case for an Exhaustion Exception to the Prison Litigation Reform Act for Juveniles
Samantha Bennett 86 Geo. Wash. L. Rev. 587 Congress enacted the Prison Litigation Reform Act (“PLRA”) in an effort to reduce the number of frivolous lawsuits brought by prisoners. As a result of some of its provisions, however—in particular, the exhaustion provision—nonfrivolous suits are effectively blocked from reaching the courts, enabling grave injustices to persist in America’s prison facilities without... Read More
A Dangerous Custom: Reining in the Use of Signature Strikes Outside Recognized Conflicts
Amy Byrne 86 Geo. Wash. L. Rev. 620 It is well known that the U.S. Government has actively used drone strikes to target enemies abroad for years. The struggle between the powers of the President to provide security to our nation and the external restrictions imposed on those powers, however, is lesser known. For example, the Constitution grants Congress alone the... Read More
Bifurcating Settlements
Michael Abramowicz & Sarah Abramowicz 86 Geo. Wash. L. Rev. 376 In settling a lawsuit, parties agree on their obligations to one another, but they need not separately address each issue, claim, or remedy that a trial court would have confronted. The legal system, however, can bifurcate the settlement process, requiring separate resolution of components of a settlement. Bifurcation can protect... Read More
Tiered Constitutional Design
Rosalind Dixon & David Landau 86 Geo. Wash. L. Rev. 438 Scholarship has posited two models of constitutionalism. One is short, abstract, and rigid, like the United States Constitution. The other is lengthy, detailed, and flexible, like the constitutions found in many U.S. states and in many other countries around the world. This Article argues that there is a descriptively common... Read More