Chevron’s Interstitial Steps

Cary Coglianese 85 Geo. Wash. L. Rev. 1339 The Chevron doctrine’s apparent simplicity has long captivated judges, lawyers, and scholars. According to the standard formulation, Chevron involves just two straightforward steps: (1) Is a statute clear? (2) If not, is the agency’s interpretation of the statute reasonable? Despite the influence of this two-step framework, Chevron...
Read More

On the Docket Special Publications for the October 2017 Term

The October 2017 Supreme Court term has now begun. On the Docket will be posting several special publications to get everyone geared up for the bench’s full docket with a full court. To view previews of the first month of arguments, click here! The Department of Justice and Department of Education have formally reversed the...
Read More

Fifty Years of Katz: A Look Back–and Forward–at the Influence of Justice Harlan’s Concurring Opinion on the Reasonable Expectation of Privacy

Martin McKown · October 2017 85 Geo. Wash. L. Rev. Arguendo 140 Nearly fifty years ago, Supreme Court Justice John Marshall Harlan introduced to the judiciary a new framework for analyzing Fourth Amendment issues when he issued his concurring opinion in the seminal case of Katz v. United States. Into the twenty-first century, the Katz...
Read More

On the Docket’s Preview of the November Supreme Court Arguments

The Court starts out with a light schedule in the beginning of November, as two cases were removed from the November sitting: the much-anticipated Husted v. A. Philip Randolph Institute and Leidos, Inc. v. Indiana Public Retirement System. The Court will hear three arguments during the first half of November and five in late November....
Read More

Alumni Newsletter – Volume 86, Fall Edition

Katelin Shugart-Schmidt pens her first alumni newsletter as Volume 86 Editor-in-Chief. Katelin introduces the Volume 86 Senior Board, provides an overview of our Fall Symposium and ABA Administrative Panel, and highlights our excellent student scholarship with a list of forthcoming student notes. Read the Full Newsletter Here.

GW Law Review Hosts Panel at ABA Administrative Law Conference

In conjunction with the American Bar Association Section of Administrative Law and Regulatory Practice, The George Washington Law Review will host its annual panel at this year’s Administrative Law Conference on Friday, October 20. The panel, “Evaluating Federal Actions: The Powers, Processes, and Proclamations of Administrative Agencies and the Oval Office,” will take place from...
Read More

On the Docket’s Preview of October Supreme Court Arguments

Welcome to the 2017 Supreme Court term! With a full bench, the Court has chosen to take on many controversial issues in the next nine months. One case still up in the air is the constitutionality of the Trump Administration’s Travel Ban 2.0—on September 25th, the Court took the oral argument, previously scheduled for October...
Read More

Keeping Non-Practicing Entities out of the Courtroom: Amending the Innovation Act to More Effectively Address the Abuse of the Patent Infringement Claim

Adam Bofill · September 2017 85 Geo. Wash. L. Rev. Arguendo 116 There has been a growing abuse of patent infringement litigation by nonpracticing entities (“NPEs”), or “patent trolls.” NPEs normally purchase patents in bulk from distressed or bankrupted technology companies and force other businesses and individuals who are allegedly infringing on those patents into...
Read More