Throwing Out the Playbook: Replacing the NCAA’s Anticompetitive Amateurism Regime with the Olympic Model
Alex Moyer 83 Geo. Wash. L. Rev. 761 With annual revenues exceeding twelve billion dollars, the college sports industry is the highest-grossing sports enterprise in the United States, consistently outpacing professional leagues like the NFL and NBA. This highly commercialized environment helps to line the coffers of the NCAA, athletic conferences, and universities, while making... Read More
The Consequences of Search Bias: How Application of the Essential Facilities Doctrine Remedies Google’s Unrestricted Monopoly on Search in the United States and Europe
Lisa Mays 83 Geo. Wash. L. Rev. 721 Google’s monopoly over Internet search is a serious issue. Tech policy experts describe the Internet as today’s equivalent of electricity. Consumers rely on the Internet for social communication, education, work, entertainment, and news. Thus, as consumers deserve fair access to electricity, they should be able to access... Read More
(A)rising Above the Well-Pleaded Complaint: A Proposal to Reconsider the Jurisdictional Analysis of the Federal Circuit After the America Invents Act
Kolya Glick 83 Geo. Wash. L. Rev. 686 At the intersection of civil procedure and patent law lies the unique appellate jurisdiction of the Federal Circuit. Congress granted the Federal Circuit jurisdiction over patent law appeals in 28 U.S.C. § 1295(a)(1) with the passage of the Federal Courts Improvement Act in 1982. Since then, the... Read More
Fighting Feres: Creating a VA Benefits Program for the Children of Servicemembers Injured by Parental Exposure
Mia Donnelly 83 Geo. Wash. L. Rev. 647 In 1948 Congress enacted the FTCA, finally cracking open courthouse doors to private individuals injured by the negligent or wrongful acts of federal government employees. A mere two years later, however, the Supreme Court decided Feres v. United States and significantly cut back on this privilege by... Read More
Standing to Challenge Patents, Enforcement Risk, and Separation of Powers
Professor John F. Duffy 83 Geo. Wash. L. Rev. 628 Standing to challenge patent validity depends not only on factual assessments about the risk of patent enforcement, but also on legal judgments about the limits of judicial power under Article III of the Constitution, the specific causes of action granted by Congress through its Article... Read More
What Makes Lawyers Happy?: A Data-Driven Prescription to Redefine Professional Success
Professor Lawrence S. Krieger with Kennon M. Sheldon, Ph.D. 83 Geo. Wash. L. Rev. 554 This is the first theory-guided empirical research seeking to identify the correlates and contributors to the well-being and life satisfaction of lawyers. Data from several thousand lawyers in four states provide insights about diverse factors from law school and one’s... Read More
Integrating the Internet
Professors Bradley Allan Areheart and Michael Ashley Stein 83 Geo. Wash. L. Rev. 449 This Article argues that the paradigmatic right of people with disabilities “to live in the world” naturally encompasses the right “to live in the Internet.” It further argues that the Internet is rightly understood as a place of public accommodation under... Read More
Madisonian Tectonics: How Form Follows Function in Constitutional and Architectural Interpretation
Professor Jonathan Turley 83 Geo. Wash. L. Rev. 305 This Article is the first interdisciplinary work exploring architectural and constitutional theories of interpretation. This “conarchitectual” perspective is used to explore the concepts of form and function in both disciplines to better understand the meaning of structure. While form and function are often referenced in legal... Read More
Rethinking Standing in Patent Challenges
Professor Michael J. Burstein 83 Geo Wash. L. Rev. 498 Patents have become a serious business risk. They issue from the Patent and Trademark Office in record-breaking quantity and are aggressively enforced by patent trolls. But many patents are likely to be invalid; and even those which are valid are likely to be narrower than... Read More
Formalism and Distrust: Foreign Affairs Law in the Roberts Court
Professor Harlan Grant Cohen 83 Geo. Wash. L. Rev. 380 When it comes to foreign relations, the Roberts Court has trust issues. As far as the Court is concerned, everyone—the President, Congress, the lower courts, plaintiffs—has played hard and fast with the rules, taking advantage of the Court’s functionalist approaches to foreign affairs issues. This... Read More