The Monetary Executive
Christina Parajon Skinner 91 Geo. Wash. L. Rev. 164 Contemporary presidents possess a significant array of powers to intervene in the economy unilaterally, via executive order or the Treasury Department’s tools. But the Constitution does not vest the Executive Branch with monetary or fiscal power. Rather, the President has accumulated vast monetary power gradually, over... Read More
“Nutrition Facts Labels” for Artificial Intelligence/Machine Learning-Based Medical Devices—The Urgent Need for Labeling Standards
Sara Gerke 91 Geo. Wash. L. Rev. 79 Artificial Intelligence (“AI”), particularly its subset Machine Learning (“ML”), is quickly entering medical practice. The U.S. Food and Drug Administration (“FDA”) has already cleared or approved more than 520 AI/ ML-based medical devices, and many more devices are in the research and development pipeline. AI/ML-based medical devices... Read More
Bibb Balancing: Regulatory Mismatches Under the Dormant Commerce Clause
Michael S. Knoll & Ruth Mason 91 Geo. Wash. L. Rev. 1 Courts and commentators have long understood dormant Commerce Clause doctrine to contain two types of cases: discrimination and undue burdens. This Article argues for a further distinction that divides cases into singlestate burdens, which arise from the application of a single state’s law... Read More
Learning from Leaders: Using Carpenter to Prohibit Law Enforcement Use of Mass Aerial Surveillance
Allie Schiele · March 2023 91 Geo. Wash. L. Rev. Arguendo 14 In 2020, the Baltimore Police Department (“BPD”) resurrected its dragnet aerial surveillance initiative—the Aerial Investigation Research (“AIR”) program. Using a plane outfitted with high-definition cameras, BPD was able to observe the daily movements of hundreds of thousands of Baltimore residents. Sophisticated technology such... Read More
After Justice Ginsburg’s First Decade: Some Thoughts About Her Contributions in the Fields of Procedure and Jurisdiction
Amanda L. Tyler 90 Geo. Wash. L. Rev. 1572 In 2003, Columbia Law School marked Justice Ruth Bader Ginsburg’s first ten years on the Supreme Court with a symposium. There, Harvard Law School Professor David Shapiro offered an assessment of those ten years with a specific focus on her contributions in the fields of procedure... Read More
The Orthodox, and Unorthodox, RBG: Administrative Law and Civil Procedure
Abbe R. Gluck & Anne Joseph O’Connell 90 Geo. Wash. L. Rev. 1532 Justice Ginsburg was not usually a doctrinal revolutionary when it came to the fields of administrative law and civil procedure. Her adherence to precedent and careful attention to the proper division of labor among the branches restrained the Justice when confronted with... Read More
The Discrete Charm of Leveling Down
Aziz Z. Huq 90 Geo. Wash. L. Rev. 1487 Starting from Justice Ginsburg’s 2017 opinion in Sessions v. Morales- Santana, this Article explores the choice between “leveling up” and “leveling down” as a judicial response to an unlawful difference in the legal or regulatory treatment of two distinct groups. That problem can arise in the... Read More
Justice Ginsburg’s Republican Jurisprudence
Daphna Renan 90 Geo. Wash. L. Rev. 1471 Justice Ginsburg’s opinions challenge us to rethink the role of statutes in American constitutional democracy, and how to interpret the authority of the people to innovate on the lawmaking process itself. Her legacy includes a body of opinions that comprises a forceful rebuttal to the Court’s current... Read More
Order Without Formalism
Rachel Bayefsky 90 Geo. Wash. L. Rev. 1458 The quest for order and structure is a powerful force underlying influential jurisprudential theories such as originalism and textualism. This Article suggests that Justice Ginsburg’s jurisprudence represented an alternative vision of order in federal judicial practice—one guided by commitment to judicial virtues like concern for the methodical... Read More
Ruth Bader Ginsburg and a Jurisprudence of Legal Pluralism
Paul Schiff Berman 90 Geo. Wash. L. Rev. 1427 The idea of legal pluralism is that law must always negotiate situations when multiple communities and legal authorities seek to regulate the same act or actor. In such situations, judges must develop strategies for determining how best to balance the competing claims of multiple communities: does... Read More