Making “Smart Growth” Smarter
Professor Steve P. Calandrillo, Chryssa V. Deliganis, and Andrea Woods 83 Geo. Wash. L. Rev. 829 The “smart growth” movement has had a significant influence on land use regulation over the past few decades, and promises to offer the antidote to suburban sprawl. But states and local governments that once enthusiastically touted smart growth legislation... Read More
Reasonable but Unconstitutional: Racial Profiling and the Radical Objectivity of Whren v. United States
Professors Gabriel J. Chin and Charles J. Vernon 83 Geo. Wash. L. Rev. 882 In Whren v. United States, the Supreme Court held, unanimously, that Fourth Amendment analysis was so radically objective that an otherwise legitimate search or arrest would not be invalidated even if an officer’s decision to act was based on race. Although... Read More
Killing For Your Dog
Professor Justin F. Marceau 83 Geo. Wash. L. Rev. 943 Legal fields as divergent as family law, torts, contracts, and trusts have each, to varying degrees, addressed the unique legal status of pets. The rights and obligations of pet owners are a topic of increasing legal interest. Even the criminal law has grappled with the... Read More
Implicit Racial Bias and the Perpetrator Perspective: A Response to Reasonable but Unconstitutional
Professor L. Song Richardson 83 Geo. Wash. L. Rev.1008 In their Article, Reasonable but Unconstitutional: Racial Profiling and the Radical Objectivity of Whren v. United States, Professor Chin and Mr. Vernon not only provide a withering critique of the U.S. Supreme Court’s unanimous decision in Whren v. United States but they also present novel doctrinal... Read More
Doctrine, Discretion, and Discrimination: A Response to Professor Richardson
Professor Gabriel J. Chin 83 Geo. Wash. L. Rev.1023 Professor Richardson has presented a characteristically insightful and gracious analysis of the critique of Whren v. United States offered in the Article I co-authored with Charles Vernon. She, like us, would like to see Whren overruled. She believes, however, that our solution has not gone far... Read More
A Comprehensive Approach to Stateless Income
Andrew Fischer 83 Geo. Wash. L. Rev. 1028 Multinational corporations are drastically reducing their tax burdens through aggressive tax structuring. These tax savings are largely realized through the creation of stateless income, which is income that is taxed in a jurisdiction other than where a corporation is domiciled or where it conducts its business operations.... Read More
“Yes We Scan”: Using SEC Disclosures to Compel and Standardize Tech Companies’ Reports on Government Requests for User Data
Ana M. Gonzalez 83 Geo. Wash. L. Rev. 1058 The recent Snowden leaks have ignited fiery debates over government requests for private user information and tech companies’ complicit role in bulk data collection. Some information and communications technology firms have urged government to reform its surveillance practices for private user data. Many others, however, remain... Read More
Enhancing Responsiveness and Alleviating Gridlock: Pragmatic Steps to Balance Campaign Finance Law in Light of the Supreme Court’s Jurisprudence
Paul J. Weeks 83 Geo. Wash. L. Rev. 1097 Over forty years ago, Congress first enacted a comprehensive scheme to regulate money in federal elections. This scheme included disclosure requirements and tight monetary limitations on the various political actors who sought to influence elections. The Supreme Court’s initial response to the comprehensive scheme upheld the... Read More
Comment on King v. Burwell
Comment by Sean Ross Callaghan Practitioner; Student | George Washington University Law | Pending Bar Admission into PA & DC Read the Original Response by Professor Pierce Here I agree with Professor Pierce that the Court’s application of the Plain Meaning Rule in King v. Burwell is “highly contestable.” Congress has—and should have—the exclusive power... Read More
Obergefell v. Hodges
Response by Professor Alan B. Morrison Geo. Wash. L. Rev. Docket (Oct. Term 2014) Obergefell v. Hodges, 575 U.S. ___ (2015). Docket No. 14-556; argued April 28, 2015; June 26, 2015 Slip Opinion | New York Times | SCOTUSblog See End of Post for Reader Comment With all that was written before and after the Supreme... Read More