How States Can Take a Stand Against Prison Banking Profiteers
Catherine E. Akenhead 85 Geo. Wash. L. Rev. 1224 In recent years, state corrections departments have faced pressure to provide better prison conditions while simultaneously cutting costs. Many critics have touted the emergence of privatized prison services as a cost-effective resolution. However, those services shift the costs on to some of the poorest and most... Read More
Birthing Injustice: Pregnancy as a Status Offense
Priscilla A. Ocen 85 Geo. Wash. L. Rev. 1163 Over the last thirty years, pregnant women, particularly pregnant women of color, have increasingly come under the supervision and control of the criminal justice system. In July 2014, Tennessee became the first state in the country to pass a law criminalizing illegal drug use during pregnancy.... Read More
Corporate Privilege and an Individual’s Right to Defend
Susan B. Heyman 85 Geo. Wash. L. Rev. 1112 A recent memo issued by the Department of Justice has shifted federal policy to ensure that individuals responsible for corporate wrongdoing are held accountable. No longer will federal prosecutors be satisfied with sanctions against corporate entities. This shift in focus, however, creates a new challenge which... Read More
The Right to Vote Under Local Law
Joshua A. Douglas 85 Geo. Wash. L. Rev. 1039 A complete analysis of the right to vote requires at least three levels of inquiry: the U.S. Constitution and federal law, state constitutions and state law, and local laws that confer voting rights for municipal elections. But most voting rights scholarship focuses on only federal or... Read More
A Responsible Approach to Safety Regulation in the Automobile Industry
Daniel S. Brookins · August 2017 85 Geo. Wash. L. Rev. Arguendo 83 Automobile safety is an issue of public health and welfare. People die when automobile manufacturers cut corners. Consequently, it is imperative that the federal regulatory agency responsible for automobile safety, the National Highway Traffic Safety Administration (“NHTSA”), impose effective, fair penalties for... Read More
Matal v. Tam: The Galloping “Government Speech” Doctrine Hits the Wall
August 21, 2017 Matal v. Tam, 582 U.S. ___ (2017) (Alito, J.). Response by Frank LoMonte Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | NPR | SCOTUSblog Matal v. Tam: The Galloping “Government Speech” Doctrine Hits the Wall If First Amendment jurisprudence were a horror film, the doctrine of “government speech” would... Read More
Stingray Confidential
Spencer McCandless 85 Geo. Wash. L. Rev. 993 For nearly three decades, American law enforcement has conducted a coordinated campaign across all levels of government to hide its use of a powerful surveillance technology called cell site simulation. Commonly referred to as “stingrays,” the devices allow police to covertly monitor cellular communications and track individuals... Read More
The Religious Right to Therapeutic Abortions
Carla Graff 85 Geo. Wash. L. Rev. 954 Religion is a common theme in the abortion dialogue. Much of the religious rhetoric focuses on religious objections to abortion, but there is another side of this discourse. Abortion is not only a political issue or constitutional right, it is a religious obligation: explicitly mandated by some... Read More
The Virtual Bathroom Stall: Solving the Headache of Geo-Based Anonymous Message Applications on University Campuses
Thomas C. Gallagher, Jr. 85 Geo. Wash. L. Rev. 922 Since its launch in late 2013, Yik Yak, a location-based application that permits users to post on local, virtual message boards targeted at university campuses, has become a massive headache for universities who are responsible, under Department of Education guidelines, for maintaining a safe environment... Read More
The Legacy of Justice Scalia and His Textualist Ideal
Jonathan R. Siegel 85 Geo. Wash. L. Rev. 857 The late Justice Antonin Scalia reshaped statutory interpretation. Thanks to him, the Supreme Court has become far more textualist. Nonetheless, Justice Scalia never persuaded the Court to adopt his textualist ideal that “the text is the law.” In some cases, the Court still gives greater weight... Read More