Plaintiffs and Precedent Win the Day in Norfolk Southern Case
Despite its unexpected path to the high court, Norfolk Southern strengthens plaintiffs’ ability to sue companies in the forum of their choice, and provides a surprise boost to the beleaguered doctrine of stare decisis.
Santos-Zacaria v. Garland: Amid Little Fanfare, the Court Allows Transgender Asylum Seeker to Continue Her Bid for Protection
A legal victory for transgender asylum seeker Estrella Santos-Zacaria.
Sackett v. EPA: The Court Delivers Another Massive Blow to Federal Environmental Law
The current Supreme Court is not a friend of the administrative state.
Multilevel Madness: Regulating Unfair Business Practices in Multilevel Marketing
Jessica Ke 91 Geo. Wash. L. Rev. 537 Multilevel marketing businesses (“MLMs”) sell everything from makeup to protein shakes, from dietary supplements to legal services. During the COVID-19 pandemic, people facing income insecurity who wished to work from home turned to the social-media driven MLM business model in droves. Most MLM participants, however, make little,... Read More
Environmental Justice Considerations in Siting Spent Nuclear Fuel Disposal
Luis Cruz 91 Geo. Wash. L. Rev. 499 There are 80,000 metric tons of uranium stranded at nuclear power plant sites throughout the United States with no clear path to permanent disposal. Although there is a consensus on using a consent-based siting process for the disposal of spent nuclear fuel, no statutory authority exists to... Read More
Pro-Choice Plans
Brendan S. Maher 91 Geo. Wash. L. Rev. 446 After Dobbs v. Jackson Women’s Health Organization, the United States Constitution may no longer protect abortion, but a surprising federal statute does. That statute is called the Employee Retirement Income Security Act of 1974 (“ERISA”), and it has long been one of the most powerful preemptive... Read More
Police Policing Police
Zachary D. Kaufman 91 Geo. Wash. L. Rev. 353 Police killings of George Floyd and at least 2,218 other Black Americans since 2015 amplified a racial reckoning and intensified demands for meaningful, overdue police reform. This Article is the first legal scholarship to argue that Congress and state legislatures across the United States should enact... Read More
Superfluous Judicial Activism: The Takings Gloss
Michael Allan Wolf 91 Geo. Wash. L. Rev. 287 In the summer of 2021, the Supreme Court released opinions in three Takings Clause cases. The Justices did not focus primarily on the dozen words that compose that Clause. Instead, the Court considered the expansive judicial gloss on those words, the extratextual aspects established by takings... Read More
The Center Cannot Hold: Why the NLRB Should Assert Jurisdiction over Division I Collegiate Athletes
Andrew Mendelson 91 Geo. Wash. L. Rev. 255 In 2015, the National Labor Relations Board (“NLRB” or “the Board”) declined to assert jurisdiction over a group of football players at Northwestern University; yet, the following year, the NLRB asserted jurisdiction over a group of student assistants at Columbia University. In the past several years, there... Read More
Incorporating the Social Cost of Greenhouse Gases into the Federal Procurement Lifecycle
Evan Matsuda 91 Geo. Wash. L. Rev. 224 Federal procurement has an important role to play in mitigating and adapting to climate change. The massive scale of the government’s purchasing power—more than $600 billion in Fiscal Year 2022—puts the federal government in a unique position to mitigate anthropogenic climate change by purchasing and creating markets... Read More