District Court Review of Findings of Fact Proposed by Magistrates: Reality Versus Fiction
Richard J. Pierce, Jr. · July 2013 81 GEO. WASH. L. REV. 1236 (2013) In this Essay, Professor Pierce criticizes the decisions in six circuits that forbid a district judge from rejecting a finding of fact proposed by a magistrate without first conducting a new evidentiary hearing. Those decisions are inconsistent with the Magistrates Act... Read More
The Sounds of Silence: The Irrelevance of Congressional Inaction in Separation of Powers Litigation
Alan B. Morrison · July 2013 81 GEO. WASH. L. REV. 1211 (2013) In a number of significant separation of powers decisions, Supreme Court Justices have relied on Congressional silence to support their conclusion that the President had or did not have the power being challenged. Using language such as “implied” grants or denials of... Read More
“So Closely Intertwined”: Labor and Racial Solidarity
Charlotte Garden; Nancy Leong · July 2013 81 GEO. WASH. L. REV. 1135 (2013) Conventional wisdom tells us that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups’ interests as fundamentally opposed and their relationship as predictably fraught with tension. For... Read More
Justice John Marshall Harlan: Professor of Law
Josh Blackman; Brian L. Frye; Michael McCloskey · July 2013 81 GEO. WASH. L. REV. 1063 (2013) From 1889 to 1910, while serving on the United States Supreme Court, the first Justice John Marshall Harlan taught at the Columbian College of Law, which became the George Washington University School of Law. For two decades, he... Read More
The Harlan Papers
(on file with the Library of Congress, Manuscript Division, The John Marshall Harlan Papers, 1810-1971) This set of images displays documents from the Library of Congress’s John Marshall Harlan Papers Collection. These images were taken and graciously provided to the George Washington Law Review by Professor Josh Blackman, and are being posted on Arguendo in... Read More
Strengthening Financial Reporting: An Essay on Expanding the Auditor’s Opinion Letter
James D. Cox · April 2013 81 GEO. WASH. L. REV. 1036 (2013) Users of financial statements, foremost of which are investors, have a voracious appetite for information that better enables them to assess the financial position and performance of the reporting firm. Even though financial statements purport to address users’ needs, the statements, which... Read More
Public Governance
Hillary A. Sale · April 2013 81 GEO. WASH. L. REV. 1012 (2013) This Article develops a theory of public governance as a form of publicness by exploring corporate governance and decision making, and developing them with a more textured understanding of the nature of corporations and their role. It does so through the lens... Read More
The First Year of Say-on-Pay Under Dodd-Frank: An Empirical Analysis and Look Forward
James F. Cotter; Alan R. Palmiter; Randall S. Thomas · April 2013 81 GEO. WASH. L. REV. 967 (2013) Using voting data from the first year of say-on-pay votes under Dodd-Frank, we look at the patterns of shareholder voting in advisory votes on executive pay. Consistent with the more limited say-on-pay voting before Dodd-Frank, we... Read More
Half-a-Cup Better than None: A Pragmatic Approach to Preventing the Abuse of Financial Consumers
Theresa A. Gabaldon · April 2013 81 GEO. WASH. L. REV. 929 (2013) The traditional view of corporate law asserts that the corporation serves society via the satisfaction of consumers’ revealed preferences, which dictate the ultimate allocation of resources contributed by corporate investors, workers, and managers. Social psychology has long taught, and legal analysts now... Read More
The Consumer Financial Protection Bureau: Savior or Menace?
Todd Zywicki · April 2013 81 GEO. WASH. L. REV. 856 (2013) A centerpiece of the Dodd-Frank financial reform legislation was the creation of a new Federal Consumer Financial Protection Bureau (“CFPB”) within the Federal Reserve. Few bureaucratic agencies in American history, if any, have combined the vast power and lack of public accountability of... Read More