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

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

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

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

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

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

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

Jide Nzelibe 91 Geo. Wash. L. Rev. 1476 This Article argues that foreign affairs polarization in the United States is likely to result in increased judicial oversight in foreign affairs. The reasons are fivefold. First, increased polarization often leads to dramatic swings in foreign policy across electoral cycles, which is likely to disrupt the reliance... Read More

Jean Galbraith 91 Geo. Wash. L. Rev. 1449 We treat U.S. foreign relations law as a discrete body of law—and it is. But it is not independent. To the contrary, it relies on the same institutional actors that govern more generally: the President, Congress, the federal judiciary, administrative agencies, and subnational governments. And far from... Read More