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
Tipping the Scales: Judicial Encouragement of a Legislative Answer to FTC Authority over Corporate Data-Security Practices
David J. Bender · September 2013 81 GEO. WASH. L. REV. 1665 (2013) For the first time in more than a decade of data-security enforcement actions under section 5 of the Federal Trade Commission Act, a corporation has decided to litigate the nature and extent of the Federal Trade Commission’s (“FTC”) authority over corporate data-security... Read More
Privacy in Europe: Initial Data on Governance Choices and Corporate Practices
Kenneth A. Bamberger; Deirdre K. Mulligan · September 2013 81 GEO. WASH. L. REV. 1529 (2013) As this Article goes to press, the European Union is embroiled in debates over the contours of a proposed new privacy regulation. These efforts, however, have lacked critical information necessary for reform. For, like privacy debates generally, they focus... Read More
Direct Republicanism in the Administrative Process
David J. Arkush · September 2013 81 GEO. WASH. L. REV. 1458 (2013) This Article offers a new response to an old problem in administrative law: how to secure sound, democratically legitimate policies from unelected regulators. The question stems from a principal-agent problem inherent in representative forms of government—the possibility that government officials will not... Read More
The Role of Politics in a Deliberative Model of the Administrative State
Mark Seidenfeld · September 2013 81 GEO. WASH. L. REV. 1397 (2013) Since at least the mid-1980s, some scholars of United States administrative law have touted deliberative democracy as a promising theory to justify the modern administrative state. Those who advocate deliberative administration, however, have not easily incorporated the role of democratic politics into their... Read More