Unfinished Business: Protecting Voting Rights in the Twenty-First Century
Gilda R. Daniels · December 2013 81 GEO. WASH. L. REV. 1928 (2013) While minorities have experienced great progress because of the Voting Rights Act, particularly section 5 of the Act, the work to achieve an electoral process free of discrimination remains unfinished. In Shelby County v. Holder, the Supreme Court struck down section 4... Read More
The Year of the Super PAC
Michael S. Kang · December 2013 81 GEO. WASH. L. REV. 1902 (2013) 2012 was the year of the Super PAC. In the first presidential election cycle since their development, Super PACs raised almost one billion dollars and enabled the very wealthy to channel money into campaigning like never before during the post-Watergate era. However,... Read More
The 2012 Voting Wars, Judicial Backstops, and the Resurrection of Bush v. Gore
Richard L. Hasen · December 2013 81 GEO. WASH. L. REV. 1865 (2013) Fights over election administration have become the “new normal” in the United States since the disputed presidential election of 2000, which culminated in the Supreme Court’s controversial decision in Bush v Gore. During the 2012 elections, the “voting wars” which had ensued... Read More
Voting Rules and Constitutional Law
Edward B. Foley · December 2013 81 GEO. WASH. L. REV. 1836 (2013) Anyone concerned that Bush v. Gore may have been unprincipled or at least insufficiently precise in its reasoning should have the same concern about the leading voting law case emanating from the 2012 presidential election, Obama for America v. Husted. That case is just as... Read More
Gender Unbound?
Kareem Crayton · December 2013 81 GEO. WASH. L. REV. 1799 (2013) This Essay engages current research on gender norms and biases and the way they interact in the political sphere with female candidates. Since Hillary Clinton’s campaign for U.S. President in 2008, many scholarly retrospectives have presented various reasons that her candidacy faltered. As... Read More
Political Law
Spencer Overton · December 2013 81 GEO. WASH. L. REV. 1783 (2013) Traditional “election law” or “the law of democracy” concentrated largely on constitutional analysis by judicial actors. That narrow focus, however, distorted scholars’ understanding of the problems confronting democracy and possible solutions. This Foreword proposes that the field should be understood more properly as... Read More
Exclusion Is Not Automatic: Improving the Enforcement of ITC Exclusion Orders Through Notice, a Test for Close Cases, and Civil Penalties
Timothy Q. Li · September 2013 81 GEO. WASH. L. REV. 1755 (2013) The U.S. International Trade Commission (“ITC”) has become increasingly important in the enforcement of intellectual property (“IP”) rights in recent years. Despite the increase in ITC filings, however, very little literature discusses the effectiveness of ITC exclusion orders. This Essay analyzes seventy-... Read More
Self-Funding and Agency Independence
Charles Kruly · September 2013 81 GEO. WASH. L. REV. 1733 (2013) Self-funded agencies are a rarity in administrative law. Their freedom from both congressional budgetary approval and the congressional appropriations process, however, gives self-funded agencies a unique degree of political independence. Working from the premise that self-funded agencies are free from any meaningful congressional... Read More
Preserving Trust: Overruling Carcieri and Patchak While Respecting the Takings Clause
Noah Nehemiah Gillespie · September 2013 81 GEO. WASH. L. REV. 1707 (2013) The potential benefit of new Bureau of Indian Affairs (“BIA”) regulations for development on Native land has been overshadowed by two recent Supreme Court decisions—Carcieri v. Salazar and Match-E-Be-Nash-She- Wish Band of Pottawatomi Indians v. Patchak—which cast doubt on the title to... Read More
Rates of Dismissal in FTC Competition Cases from 1950–2011 and Integration of Decision Functions
Nicole Durkin · September 2013 81 GEO. WASH. L. REV. 1684 (2013) Congress created the Federal Trade Commission (“FTC”) to be an independent and expert body that would enforce competition law by both bringing and adjudicating complaints against violators. Since the FTC’s creation, however, commentators have questioned whether housing these two functions in the same... Read More