Offensive Venue: The Curious Use of Declaratory Judgment to Forum Shop in Patent Litigation
Chester S. Chuang · June 2012 80 GEO. WASH. L. REV. 1065 (2012) Forum shopping is widespread in patent litigation because there are clear differences in outcomes among the various federal districts. An accused patent infringer that is sued in a particularly disadvantageous forum can file a motion to transfer to a more convenient forum,... Read More
Transnational Nonestablishment
Claudia E. Haupt · June 2012 80 GEO. WASH. L. REV. 991 (2012) Over the past decade, significant changes have occurred in the religious freedom jurisprudence of the European Court of Human Rights. The most recent indicators of change are the conflicting opinions displayed in the 2009 Chamber decision finding the mandatory posting of crucifixes... Read More
Regulating Carbon Capture and Sequestration: A Federal Regulatory Regime to Promote the Construction of a National Carbon Dioxide Pipeline Network
Cyrus Zarraby · April 2012 80 GEO. WASH. L. REV. 950 (2012) Carbon Capture and Sequestration (“CCS”) is one of the most promising technologies to curb greenhouse gas emissions from coal-fired electric generation. Although the technology for capturing and storing carbon dioxide (“CO2”) is proven and in operation, the United States needs additional pipeline infrastructure... Read More
Immunity Disorders: The Conflict of Foreign Official Immunity and Human Rights Litigation
Scott A. Gilmore · April 2012 80 GEO. WASH. L. REV. 918 (2012) In Samantar v. Yousuf, the U.S. Supreme Court held that the Foreign Sovereign Immunities Act does not immunize foreign officials. By excluding individuals, the Act preserved the common law doctrine of foreign official immunity and the Executive’s traditional power to “suggest” immunity.... Read More
You Don’t Have Mail: The Permissibility of Internet-Use Bans in Child Pornography Cases and the Need for Uniformity Across the Circuits
Sam Cowin · April 2012 80 GEO. WASH. L. REV. 885 (2012) The federal courts of appeal have formed vastly different conclusions with respect to the reasonableness of Internet-use bans as a term of supervised release in virtual child pornography cases. All courts ground their decisions in 18 U.S.C. § 3583(d), the federal statute governing... Read More
Administrative Law, Patents, and Distorted Rules
Sarah Tran · April 2012 80 GEO. WASH. L. REV. 831 (2012) Since 1935, courts have embraced a uniformly lenient approach toward congressional delegations of authority to agencies across different regulatory areas with one notable exception. The U.S. Court of Appeals for the Federal Circuit has crafted its own limitations on the authority of a... Read More
The Perpetual Corporation
Andrew A. Schwartz · April 2012 80 GEO. WASH. L. REV. 764 (2012) Courts and commentators take for granted that the ultimate objective of a business corporation is long-run profitability, not immediate profits. But a corporation is a creature of statute, so a statutory source for this rule must be found—or it is not really... Read More
Justice Breyer’s Triumph in the Third Battle over the Second Amendment
Allen Rostron · April 2012 80 GEO. WASH. L. REV. 703 (2012) In recent years, the Supreme Court has issued two landmark decisions about the constitutional right to keep and bear arms. District of Columbia v. Heller rejected the notion that the Second Amendment protects only organized militia activities, and McDonald v. City of Chicago... Read More
Beyond Ideology: An Empirical Study of Partisanship and Independence in the Federal Courts
Corey Rayburn Yung · February 2012 80 GEO. WASH. L. REV. 505 (2012) This Article identifies and measures dimensions of judicial behavior separate from ideology to improve both the understanding of and vocabulary surrounding debates about judges. In particular, it recognizes both independence and partisanship as aspects of judicial behavior that are distinct from ideological... Read More
When Agencies Go Nuclear: A Game Theoretic Approach to the Biggest Sticks in an Agency’s Arsenal
Brigham Daniels · February 2012 80 GEO. WASH. L. REV. 442 (2012) A regulatory agency’s arsenal often contains multiple weapons. Occasionally, however, an agency has the power to completely obliterate its regulatory targets or to make major waves in society by using a “regulatory nuke.” A regulatory nuke is a tool with two primary characteristics.... Read More