Reflections on the Administrative Conference
Justice Antonin Scalia and Justice Stephen G. Breyer · 83 Geo. Wash. L. Rev. 1205 · Testimony Before Subcommittee on Commercial and Administrative Law of the House Committee (2010). Just over five years ago we testified together before a subcommittee of the House of Representatives’ Judiciary Committee to comment on the Administrative Conference of the United States... Read More
Opinions on ACUS: The Administrative Conference’s Influence on Appellate Administrative Jurisprudence
Stephanie J. Tatham · 83 Geo. Wash. L. Rev. 1186 · The Administrative Conference of the United States (“ACUS” or the “Conference”) has been charged by Congress with studying “the efficiency, adequacy, and fairness of the administrative procedure used by administrative agencies in carrying out administrative programs,” as well as with making related “recommendations to administrative agencies,... Read More
The Administrative Conference of the United States: The View from the Federal Bench
The Honorable Patricia McGowan Wald, The Honorable Stephen F. Williams, The Honorable S. Jay Plager, and The Honorable John M. Walker, Jr. · 83 Geo. Wash. L. Rev. 1186 · Transcript of Panel Discussion entitled “The Administrative Conference of the United States: The View from the Federal Bench,” moderated by Chairman Paul R. Verkuil and held at... Read More
The Administrative Conference and the Federal Judiciary
Executive Director Matthew Lee Wiener · 83 Geo. Wash. L. Rev. 1142 · Introduction to Panel entitled The Administrative Conference of the United States: The View from the Federal Bench What follows is a transcript of a discussion moderated by Chairman of the Administrative Conference of the United States (“ACUS” or “Conference”) Paul Verkuil among one former... Read More
ACUS 2.0: Present at the Recreation
Chairman Paul R. Verkuil · 83 Geo. Wash. L. Rev. 1133 · By a variety of circumstances and some good fortune, I seem to have been connected to the Administrative Conference of the United States for much of its fifty-year life. This has given me a distinctive perspective on the Conference’s value, limitations, and prospects for the... Read More
Observations on Hacking into the Computer Fraud and Abuse Act
On November 6, 2015, The George Washington Law Review hosted its annual symposium, this year entitled “Hacking into the Computer Fraud and Abuse Act: The CFAA at 30.” The CFAA is the acronym for 18 U.S.C § 1030, the Computer Fraud and Abuse Act. The CFAA was created thirty years ago to help combat a... Read More
Panel 4: Beyond Authorization: Proposed Changes to the CFAA
Our final panel looked beyond the question of authorization in order to propose reforms to the Computer Fraud and Abuse Act (CFAA) and discuss its broader regulatory consequences. We featured the following distinguished panelists: Orin Kerr, Fred. C. Stevenson Research Professor of Law, The George Washington University Law School; Ric Simmons, Chief Justice Thomas J.... Read More
Panel 3: The Debate Over United States v. Nosal
If any of the panels can be said to have been adversarial in what was a largely congenial symposium, it was surely the third. While this wasn’t entirely unexpected (“debate” was in the title of the panel, after all), the articles that the two panelists’ submitted didn’t represent diametrically opposing views. But, as is all... Read More
Panel 2: What is Unauthorized Access? Part 2
We were delighted to continue our conversation on unauthorized access under the CFAA with three esteemed academics: Patricia Bellia, Professor of Law at Notre Dame Law School, Michael J. Madison, Professor of Law at Pitt Law, and James Grimmelmann, Professor of Law at Maryland Law. Professor Paul Ohm of Georgetown Law, who later shared his... Read More
Panel 1: “What is Unauthorized Access: Part 1”
After the opening remarks by David Bitkower, The George Washington Law Review Symposium’s first Panel addressed the question: “What is Unauthorized Access?” The name of the panel references the language of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030(a), which prohibits anyone from “access[ing] a computer without authorization or exceeding authorization.” An... Read More