Judicial Attention as a Scarce Resource: A Preliminary Defense of How Judges Allocate Time Across Cases in the Federal Courts of Appeals
Marin K. Levy · March 2013 81 GEO. WASH. L. REV. 401 (2013) Federal appellate judges no longer have the time to hear argument and draft opinions in all of their cases. The average annual filing per active judgeship now stands at 330 filed cases per year—more than four times what it was sixty years... Read More
Costly Mistakes: Undertaxed Business Owners and Overtaxed Workers
Mary Louise Fellows & Lily Kahng · March 2013 81 GEO. WASH. L. REV. 329 (2013) This Article advocates fundamental changes in the federal income tax base by systematically challenging conventional understandings of consumption and investment. As signaled by its title, “Costly Mistakes,” this Article’s thesis has to do with the disparate treatment of expenditures... Read More
A New Approach to Voter ID Challenges: Section 2 of the Voting Rights Act
Kathleen M. Stoughton · January 2013 81 GEO. WASH. L. REV. 292 (2013) In response to growing concerns about the integrity of the electoral process, state legislatures across the country have adopted voter ID laws, which require voters to present a qualifying form of identification before casting a ballot in person. By late 2012, nine... Read More
Closing the 90/10 Loophole in the Higher Education Act: How to Stop Exploitation of Veterans, Protect American Taxpayers, and Restore Market Incentives to the For-Profit College Industry
Daniel J. Riegel · January 2013 81 GEO. WASH. L. REV. 259 (2013) The 90/10 rule in the Higher Education Act (“HEA”) requires for-profit colleges to obtain at least 10% of their revenue from sources other than the federal government. There is, however, a critical loophole in the law: Post-9/ 11 GI Bill benefits technically... Read More
Pink Profiteers: Cause-Related Marketing and the Exploitation of Consumers’ Consciences
Jessica Horne · January 2013 81 GEO. WASH. L. REV. 223 (2013) Cause-related marketing (“CRM”) is a method of advertising that links the purchase of a product to a charitable donation. CRM has become increasingly popular in the last decade, likely because market research has shown that a large majority of consumers prefer cause-marketed products... Read More
Race, Prediction, and Discretion
Shima Baradaran · January 2013 81 GEO. WASH. L. REV. 157 (2013) Many scholars and political leaders denounce racism as the cause of dis- proportionate incarceration of black Americans. All players in this system have been blamed, including the legislators who enact laws that disproportion- ately harm blacks, police who unevenly arrest blacks, prosecutors who... Read More
The Federal Right to an Adequate Education
Barry Friedman & Sara Solow · January 2013 81 GEO. WASH. L. REV. 92 (2013) Common wisdom has it that there is no federal constitutional right to an education; indeed, under our charter of negative liberties the common understanding is that there are no positive rights at all. This Article challenges common wisdom, arguing that... Read More
An Intersystemic View of Intellectual Property and Free Speech
Mark Bartholomew & John Tehranian · January 2013 81 GEO. WASH. L. REV. 1 (2013) Intellectual property regimes operate in the shadow of the First Amendment. By deeming a particular activity as infringing, the law of copyright, trademark, and the right of publicity all limit communication. As a result, judges and lawmakers must delicately balance... Read More
A Dialogue with Federal Judges on the Role of History in Interpretation
Amanda L. Tyler, The Honorable Frank H. Easterbrook, The Honorable Brett M. Kavanaugh, The Honorable Charles F. Lettow, The Honorable Reena Raggi, The Honorable Jeffrey S. Sutton & The Honorable Diane P. Wood · November 2012 80 GEO. WASH. L. REV. 1889 (2012) A Discussion Held on November 4, 2011, at The George Washington University... Read More
Constitutional Backdrops
Stephen E. Sachs · November 2012 80 GEO. WASH. L. REV. 1813 (2012) The Constitution is often said to leave important questions unanswered. These include, for example, the existence of a congressional contempt power or an executive removal power, the role of stare decisis, and the scope of state sovereign immunity. Bereft of clear text,... Read More