Prescribing a Cure for Right-to-Try Legislation
Marianne Spencer · Mar. 2018 86 Geo. Wash. L. Rev. Arguendo 30 In the past four years, thirty-eight states have passed legislation creating a right for terminal patients to try investigational drugs without approval by the Food and Drug Administration. Despite the popularity of the laws, this legislation has functioned as a legal placebo because manufacturers... Read More
On the Docket’s Preview of the April Supreme Court Arguments
On Monday the Court will convene to begin hearing its final sets of arguments for this term. Nevertheless, the Court’s hard work may just be beginning. Although a few opinions have been released recently, such as a decision in Encino Motorcars v. Navarro, the Court has been conspicuously silent with respect to some of the more... Read More
Encino Motorcars, LLC v. Navarro: No Overtime Exemption for Dealership Service Advisors
Apr. 7, 2018 Encino Motorcars, LLC v. Navarro, 584 U.S. ___ (2018) (Thomas, J.). Response by Alan B. Morrison Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | CNN | SCOTUSblog Encino Motorcars, LLC v. Navarro: No Overtime Exemption for Dealership Service Advisors When you go to your friendly automobile dealer... Read More
Murphy v. Smith: Limiting Access to Counsel for Prisoners
Apr. 2, 2018 Murphy v. Smith, 138 S. Ct. 784 (2018) (Gorsuch, J.). Response by Katy Ramsey Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | SCOTUSblog Murphy v. Smith: Limiting Access to Counsel for Prisoners On February 21, 2018, the U.S. Supreme Court decided Murphy v. Smith,1 which hinged on the... Read More
U.S. Bank National Ass’n v. Village at Lakeridge: Reviewing Mixed Questions of Fact & Law
Mar. 21, 2018 U.S. Bank National Ass’n v. Village at Lakeridge, 583 U.S. ___ (2018) (Kagan, J.). Response by Alan B. Morrison Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | SCOTUSblog U.S. Bank National Ass’n v. Village at Lakeridge: Reviewing Mixed Questions of Fact & Law The outcome in U.S. Bank... Read More
On the Docket’s Preview of the March Supreme Court Arguments
The first oral arguments for the month of March will commence when the Court convenes this coming Monday. Since our last set of argument previews was released, the Court has issued opinions in nine different cases, including a consequential ruling in Jennings v. Rodriguez. The Court’s March schedule will undoubtedly generate momentous decisions as well, as... Read More
The Implication of Terms-in-Fact: Good Faith, Contextualism, and Interpretation
Martin A. Hogg 85 Geo. Wash. L. Rev. 1660 U.S. contract law has a rich heritage of good faith jurisprudence. By contrast, the good faith jurisprudence of the United Kingdom is relatively underdeveloped. This Essay undertakes to examine the role of good faith in the implication of terms-in-fact in British contract law. The analysis extends... Read More
Contractual Remedies: Beyond Enforcing Contractual Duties
Mindy Chen-Wishart 85 Geo. Wash. L. Rev. 1617 The question that I want to address is a pretty fundamental one in contract law. When I order a pizza, I want the pizza; I don’t want damages for not getting the pizza. So why is it that contract law will only give me damages and not... Read More
Fall 2016 Symposium: Divergence and Reform in the Common Law of Contracts
Blake D. Morant 85 Geo. Wash. L. Rev.1581 My service as a 2011 Visiting Fellow at University College Oxford afforded the opportunity to engage with scholars throughout the United Kingdom. Of particular note in this distinguished cadre of academics was Sir Guenter Treitel, one of the most noted scholars of contract law in Europe, who... Read More
The European Union’s Influence on English Consumer Contract Law
Geraint G. Howells 85 Geo. Wash. L. Rev. 1904 The European Union has introduced many consumer protection laws. As the U.K. prepares to leave the Union it is timely to reflect on the impact of Europe on U.K. consumer law. Unfair terms is taken as a case study as it involved the U.K. adopting a... Read More