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
Affirming the Status Quo?: The FCC, ALJs, and Agency Adjudications Benjamin Kapnik
Benjamin Kapnik · July 2012 80 GEO. WASH. L. REV. 1527 (2012) This Essay presents the first study on the benefits of Administrative Law Judges (“ALJ”) for the Federal Communications Commission (“FCC”), an agency with a reputation for being politicized. Examining affirmance rates of FCC decisions at the United States Court of Appeals for the... Read More
“Natural” Modifications: The FDA’s Need to Promulgate an Official Definition of “Natural” that Includes Genetically Modified Organisms
Erik Benny · July 2012 80 GEO. WASH. L. REV. 1504 (2012) Consumer demand for “natural” food and beverage products has never been higher. In response to this demand, U.S. companies have made “natural” the most frequently used descriptive claim on new U.S. food products. Yet, despite the immense importance placed on this term, “natural”... Read More
Rulemaking Ossification Is Real: A Response to Testing the Ossification Thesis
Richard J. Pierce, Jr. · July 2012 80 GEO. WASH. L. REV. 1493 (2012) This Article responds to Testing the Ossification Thesis, in which Professors Jason Yackee and Susan Yackee engage in an empirical study and claim to find relatively weak evidence that ossification is either a serious or widespread problem. This Response asserts that... Read More
Testing the Ossification Thesis: An Empirical Examination of Federal Regulatory Volume and Speed, 1950–1990
Jason Webb Yackee & Susan Webb Yackee · July 2012 80 GEO. WASH. L. REV. 1414 (2012) Federal agencies promulgate hundreds of regulations per year, and rules made by agencies greatly affect the structure and quality of our lives, perhaps even more so than the laws made by Congress. Given this reality, administrative law scholarship... Read More