On the Docket’s Preview of December Supreme Court Arguments

As the Supreme Court nears double digit months without a ninth Justice, the end may be in sight. Now that the election is over and President-elect Trump is beginning to fill his soon-to-be cabinet positions, judicial nomination buzz is warming up, and attention will be turning from the Senate’s blockage of Judge Merrick Garland’s nomination...
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Panel 4: Consumer Contract Law

Panel 4: Consumer Contract Law Our final panel assessed the future of consumer contract law in the United States, the United Kingdom, and the European Union.  The Honorable Carlos Lucero, Judge on the U.S. Court of Appeals for the Tenth Circuit moderated the discussion featuring Professors Geraint Howells, City University of Hong Kong, and James...
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Panel 3: Contract Interpretation and Good Faith

Panel 3: Contract Interpretation and Good Faith The George Washington University Law School’s Dean Blake Morant began the third panel, “Contract Interpretation and Good Faith” by introducing and welcoming Martin Hogg, Professor of the Law of Obligations from Edinburgh Law School; Robert Stevens, Herbert Smith Freehills Professor of English Private Law from the University of...
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Panel 2: Contractual Remedies

Panel 2: Contractual Remedies Professor Martin Hogg, co-host of the Symposium and Professor of the Law of Obligations at Edinburgh Law School, introduced our esteemed panelists and moderated the second panel’s robust discussion of contractual remedies. Chen-Wishart, Professor of the Law of Contract and Associate Dean of Graduates at Oxford University, kicked off the conversation. ...
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Panel 1: Share Economy and the Edges of Contract Law

Panel 1: Share Economy and the Edges of Contract Law The first panel of The George Washington Law Review Symposium was titled “Share Economy and the Edges of Contract Law.”  The panel addressed how the new sharing economy has tested (and continues to test) the bounds of contract law.  The panel approached this issue from...
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Keynote Address by the Right Honorable Lord Patrick Hodge

Keynote Address by the Right Honorable Lord Patrick Hodge On November 19, 2016, the Right Honorable Lord Patrick Hodge delivered the Keynote Address at The George Washington Law Review’s Symposium, Divergence and Reform in the Common Law of Contracts.  Lord Hodge, Justice of the Supreme Court of the United Kingdom, framed his remarks around the...
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Regulating Software When Everything Has Software

Paul Ohm and Blake Reid 84 Geo. Wash. L. Rev. 1672 This Article identifies a profound, ongoing shift in the modern administrative state: from the regulation of things to the regulation of code. This shift has and will continue to place previously isolated agencies in an increasing state of overlap, raising the likelihood of inconsistent...
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The “Narrow” Interpretation of the Computer Fraud and Abuse Act: A User Guide for Applying United States v. Nosal

Jonathan Mayer 84 Geo. Wash. L. Rev. 1644 Over the past decade, courts have radically reshaped the landscape of federal computer crime law. Through a set of innovative interpretive maneuvers, the judiciary has both greatly clarified and sharply narrowed the scope of Computer Fraud and Abuse Act (“CFAA”) liability. This “narrow” CFAA doctrine is winning...
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Authority and Authors and Codes

Michael J. Madison 84 Geo. Wash. L. Rev. 1616 Contests over the meaning and application of the federal Computer Fraud and Abuse Act (“CFAA”) expose long-standing, complex questions about the sources and impacts of the concept of authority in law and culture. Accessing a computer network “without authorization” and by “exceeding authorized access” is forbidden...
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