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...
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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...
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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...
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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,...
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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,...
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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...
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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...
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