Encino Motorcars, LLC. v. Navarro: Bringing Deference in for a Tune-Up
Encino Motorcars, LLC. v. Navarro, 579 U.S. ___ (2016) (Kennedy, J.). Response by Alan Morrison Geo. Wash. L. Rev. On the Docket (Oct. Term 2015) Slip Opinion | Bloomberg | SCOTUSblog Bringing Deference in for a Tune-Up Encino Motorcars v. Navarro1 is a suit by service advisors for an automobile dealer who claim entitlement to overtime pay... Read More
Utah v. Strieff: Chipping Away at the Exclusionary Rule
Utah v. Strieff, 579 U.S. ___ (2016) (Thomas, J.). Response by Stephen Saltzburg Geo. Wash. L. Rev. On the Docket (Oct. Term 2015) Slip Opinion | New York Times | SCOTUSblog Chipping Away at the Exclusionary Rule The Supreme Court’s decision in Utah v. Strieff,1 on June 20, 2016, looks at first blush like a minor limit... Read More
Puerto Rico v. Sanchez Valle: Insights on the Dual Sovereignty Doctrine, Double Jeopardy, and the Status of Puerto Rico
Puerto Rico v. Sanchez Valle, 579 U.S. ___ (2016) (Kagan, J.). Response by Rosa Celorio Geo. Wash. L. Rev. On the Docket (Oct. Term 2015) Slip Opinion | Bloomberg | SCOTUSblog Insights on the Dual Sovereignty Doctrine, Double Jeopardy, and the Status of Puerto Rico On June 9, 2016, the Supreme Court of the United States... Read More
Due Process and the FTC’s Fair and Reasonable Approach to Data Protection
Vladimir J. Semendyai · June 2016 84 Geo. Wash. L. Rev. Arguendo 51 The Federal Trade Commission (“FTC”) has long had authority to bring enforcement actions against “unfair or deceptive acts or practices in or affecting commerce” under section 5 of the Federal Trade Commission Act. In the last two decades, the FTC has used... Read More
Williams v. Pennsylvania: Justice Doesn’t Just Happen
Williams v. Pennsylvania, 579 U.S. ___ (2016) (Kennedy, J.). Response by Robin Maher Geo. Wash. L. Rev. On the Docket (Oct. Term 2015) Slip Opinion | New York Times | SCOTUSblog Justice Doesn’t Just Happen The extraordinary facts in Williams v. Pennsylvania1 read like a Hollywood movie script. On one side was the prosecutor-turned-judge who sat... Read More
How Bearcats Became Toys: The 1033 Program and Its Effect on the Right to Protest
Laura Withers 84 Geo. Wash. L. Rev. 812 Since 1996, police departments around the country have been receiving, for free, military weaponry and resources through the Department of Defense 1033 Program. Although ostensibly designed to help fight the Wars on Drugs and Terror, police departments have instead consistently acquired and used these weapons for purposes... Read More
When the Punishment Does Not Fit the Crime: Exclusions from Federal Health Care Programs Following Convictions Under the Responsible Corporate Officer Doctrine
Sasha Ivanov 84 Geo. Wash. L. Rev. 776 To combat violations of the Federal Food, Drug, and Cosmetic Act, the government has recently chosen to target individual corporate officers in the pharmaceutical and medical device industries instead of just sanctioning the companies themselves. Prosecution of these officers has proceeded under the responsible corporate officer doctrine,... Read More
Modern Accountability for a Modern Workplace: Reevaluating the National Labor Relations Board’s Joint Employer Standard
Ruben Alan Garcia 84 Geo. Wash. L. Rev. 741 This Note examines whether the joint employer standard of the National Labor Relations Board (“NLRB” or “the Board”) encompasses all the entities necessary to satisfy the legislative intent of the Board’s governing statute, the National Labor Relations Act (“NLRA”). Under current NLRB jurispru- dence, many franchisors escape... Read More
Constitutional Acquiescence
Shalev Roisman 84 Geo. Wash. L. Rev. 668 When courts, scholars, and government decisionmakers debate constitutional separation of powers questions, they primarily analyze past branch practice to divine the answer. Yet, despite the long pedigree and widespread contemporary use of this method of constitutional interpretation, precisely how interpreters should look to past practice has remained... Read More
Constitutional Personhood
Zoë Robinson 84 Geo. Wash. L. Rev. 605 Over the past decade, in a variety of high-profile cases, the Supreme Court has grappled with difficult questions as to the constitutional personhood of a variety of claimants. Of most note are the recent corporate constitutional personhood claims that the protections of the First Amendment Speech and... Read More