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
The Political Question Doctrine and International Law
Curtis A. Bradley 91 Geo. Wash. L. Rev. 1555 Under the political question doctrine, some issues are deemed to be inappropriate for judicial resolution. The modern version of the doctrine is typically traced to the Supreme Court’s 1962 decision in Baker v. Carr, in which the Court listed six reasons why an issue might be... Read More
The Vesting Clauses and Foreign Affairs
Michael D. Ramsey 91 Geo. Wash. L. Rev. 1513 An enduring puzzle of U.S. constitutional law is how the Constitution divides foreign affairs powers among the branches of government. The Constitution does not refer to a single foreign affairs power, and although it allocates some specific foreign affairs powers, it seems to omit some important... Read More