Severability, Remedies, and Constitutional Adjudication
Professor John Harrison 83 GEO. WASH. L. REV. 56 In several recent cases, the Supreme Court has described the issue of severability as one of remedy. The Court’s reasoning seems to be that once a court has found that one provision or application of a statute is unconstitutional and invalid, it then must decide how... Read More
The Self-Regulation of Investment Bankers
Professor Andrew F. Tuch 83 GEO. WASH. L. REV. 101 As broker-dealers, investment bankers must register with the Financial Industry Regulatory Authority (“FINRA”) and comply with its rules, including the requirement to “observe high standards of commercial honor and just and equitable principles of trade.” As the self-regulatory body for brokerdealers, FINRA functions as the... Read More
LAWS unto Themselves: Controlling the Development and Use of Lethal Autonomous Weapons Systems
Gwendelynn Bills 83 GEO. WASH. L. REV. 176 Lethal Autonomous Weapons Systems (“LAWS”) are robots used to deliver lethal force that possess near-human decision making abilities. Although LAWS do not yet exist, recent military advancements have laid the foundation for the development of autonomous weapons technology. Current weapons, such as the United Kingdom’s Taranis or... Read More
Public Muscle and Private Profit: A Flawed Scheme for Stemming Foreclosures Through the Power of Eminent Domain
Brandon Boxbaum 83 GEO. WASH. L. REV. 209 A new scheme, first introduced by Professor Robert C. Hockett, and later advocated for by Mortgage Resolution Partners, seeks to persuade municipalities and local governments to use its sovereign power of eminent domain to seize residential mortgages. The power of eminent domain is the power to take... Read More
Owning a Piece of the Cloud: Intellectual Property and Consumer Protection
Catherine Schroeder 83 GEO. WASH. L. REV. 240 The goods purchased by consumers today are increasingly digital or electronic in nature, with copyrighted components becoming commonplace in many industries. This situation has created a conflict between intellectual property rights and consumer property rights. The enforcement of intellectual property rights, and the introduction of measures designed... Read More
Section 1983 and Horizontal Inequities: Addressing the Disparate Application of the Supreme Court’s § 1983 Preclusion Jurisprudence to Similarly Situated Litigants
Brentley Smith 83 GEO. WASH. L. REV. 273 Currently, the Supreme Court’s jurisprudence as to § 1983 preclusion by federal statutes has lead to varying results in application amongst the federal district and circuit courts. The confusion has lead to an incentive for plaintiffs to bring additional claims under § 1983, which can lead to... Read More
Young v. United Parcel Service
Response by Professor Naomi Cahn & Professor June Carbone | Geo. Wash. L. Rev. Docket (Oct. Term 2014) Young v. United Parcel Service, Inc., 575 U.S. ___ (2015). | Docket No. 12-1226; decided March 25, 2015 Slip Opinion | NY Times | SCOTUSblog At the core of the Court’s decision in Young v. United Parcel Service... Read More
Announcing the Volume 84 Editorial Board
The Law Review is very proud to introduce the new Editorial Board of Volume 84. As of March 24, 2015, The George Washington Law Review has transitioned from the leadership of Vol. 83 to the leadership of Vol. 84. These incoming editors were selected by their predecessors on the basis of interviews and a rigorous... Read More
Professor Osenga’s Article is Selected for the Intellectual Property Law Review 2015
The George Washington Law Review is exceedingly proud to announce that Professor Kristen Osenga’s article Debugging Software’s Schemas has been selected for publication in the 2015 edition of the Intellectual Property Law Review. Professor Osenga published with the Law Review in Volume 82, Number 6, our symposium edition, Cracking the Code: Ongoing Section 101 Patentability... Read More
George Washington Law Review Cited by the Supreme Court
The George Washington Law Review is extremely excited to announce the Supreme Court’s recent citation of one of our articles in Perez v. Mortgage Bankers Association, 575 U.S. ___ (2015). The majority opinion, written by Justice Sotomayor and released March 9, 2015, cited John F. Manning, Nonlegislative Rules, 72 Geo. Wash. L. Rev. 893... Read More