The Effect (or Non-Effect) of Founders on the Supreme Court Bench
Maeva Marcus · November 2012 80 GEO. WASH. L. REV. 1794 (2012) Eleven of the first twelve Justices to serve on the Supreme Court participated in the creation and ratification of the Constitution. Their active participation in the constitutional process shaped their perspectives of both federal law and the Constitution. Through a series of examples,... Read More
The Role of the Philadelphia Convention in Constitutional Adjudication
John F. Manning · November 2012 80 GEO. WASH. L. REV. 1753 (2012) Max Farrand’s Records of the Federal Convention of 1787 shed light on the intricacies of the debates of the framers over the text of the Constitution. They do not, however, provide authoritative evidence of constitutional meaning. The Philadelphia Convention, after all, was... Read More
A Concise Guide to the Records of the Federal Constitutional Convention of 1787 as a Source of the Original Meaning of the U.S. Constitution
Gregory E. Maggs · November 2012 80 GEO. WASH. L. REV. 1707 (2012) Judges, lawyers, scholars, and others often cite the records of the Federal Constitutional Convention of 1787 as a source of the original meaning of the Constitution. This Article provides guidance regarding this practice. The Article describes the Convention and the records of... Read More
The Case for Original Intent
Jamal Greene · November 2012 80 GEO. WASH. L. REV. 1683 (2012) This Article seeks to situate the constitutional culture’s heavy reliance on the Convention debates within an academic environment that is generally hostile to original intent arguments. The Article argues that intentionalist-friendly sources like the Convention records and The Federalist remain important not because... Read More
How Bad Were the Official Records of the Federal Convention?
Mary Sarah Bilder 80 Geo. Wash. L. Rev. 1620 The official records of the Constitutional Convention of 1787 have been neglected and dismissed by scholars for the last century, largely to due to Max Farrand’s criticisms of both the records and the man responsible for keeping them—Secretary of the Convention William Jackson. This Article disagrees... Read More
A Dialogue on Statutory and Constitutional Interpretation
The Honorable Antonin Scalia & John F. Manning · November 2012 80 GEO. WASH. L. REV. 1610 (2012) In recent years, the Supreme Court has placed increasing empha- sis on the meaning of the enacted text not only in statutory cases, but also in constitutional cases. One might say that this trend merely re- flects... Read More
Justice Antonin Scalia and the Long Game
William K. Kelley · November 2012 80 GEO. WASH. L. REV. 1601 (2012) When President Reagan nominated D.C. Circuit Judge Antonin Scalia to the Supreme Court in 1986, commentators noted that his gregarious and charming personality was an important strength of the nomination, because the new Justice could be expected to charm his way to... Read More
Why Patentable Subject Matter Matters for Software
Brian J. Love · September 2012 81 GEO. WASH. L. REV. ARGUENDO 1 (2012) Increasingly, courts weary from years of arguing about the scope of patentable subject matter for software patents seem ready to throw in the towel. Rather than continue efforts to craft a test for determining when a software invention graduates from an... Read More
The International Trade Commission and the Nonpracticing Entity: Reviving the Injury Requirement for Domestic Industries Based on Licensing
Thomas Yeh · July 2012 80 GEO. WASH. L. REV. 1574 (2012) The International Trade Commission (“ITC”) has recently become a popular venue for nonpracticing entities to enforce their patent rights. Traditionally, section 337 of the Tariff Act required ITC complainants to be engaged in domestic manufacturing and demonstrate injuries to their manufacturing activities. Today,... Read More
Amending the EEOC’s Disability Discrimination Regulations to Protect Employees with Post-Traumatic Stress Disorder
Matthew Radler · July 2012 80 GEO. WASH. L. REV. 1546 (2012) When the Equal Employment Opportunity Commission (“EEOC”) issued its 2011 regulations implementing reforms to the Americans with Disabilities Act (“ADA”), the agency set the stage for a new litigation dilemma. Under the new regulations, employees diagnosed with post-traumatic stress disorder (“PTSD”) are deemed... Read More