Reconsidering the Separation of Banking and Commerce
Mehrsa Baradaran · February 2012 80 GEO. WASH. L. REV. 385 (2012) This Article examines the long-held belief that banking and commerce need to be kept separate to ensure a stable banking system. Specifically, the Article criticizes the Bank Holding Company Act (“BHCA”), which prohibits nonbanking entities from owning banks. The recent banking collapse has... Read More
Direct (Anti-)Democracy
Maxwell L. Stearns · February 2012 80 GEO. WASH. L. REV. 311 (2012) Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums tend to produce outcomes that are more (or less) majoritarian, efficient, or solicitous of minority concerns than traditional legislation. Scholars also embrace opposing views on which lawmaking... Read More
Dead Letter Prohibitions and Policy Failures: Applying Government Ethics Standards to Personal Services Contractors
Collin D. Swan · February 2012 80 GEO. WASH. L. REV. 668 (2012) The last two decades have been marked by numerous political efforts to reduce the size of the federal workforce and declare the end of the “era of big government.” These efforts left the federal government strapped for personnel and resources and have... Read More
Clicking the “Export” Button: Cloud Data Storage and U.S. Dual-Use Export Controls
Joseph A. Schoorl · February 2012 80 GEO. WASH. L. REV. 632 (2012) Use of online data storage services known generally as “cloud computing” could lead to unintentional violations of the United States’ dual-use export control regime, the Export Administration Regulations (“EAR”). Transmission of data to servers outside of the United States constitutes an export... Read More
The Case for a Federal Corporate Charter Revocation Penalty
Kyle Noonan · February 2012 80 GEO. WASH. L. REV. 602 (2012) Though American corporations are creations of state law, the federal government predominantly regulates their behavior. This mismatch helps explain both the inadequate deterrence that the current system of criminal sanctions imposes on corporations as well as the unmet social need for retribution. This... Read More
A Patently Public Concern: Using Public Nuisance Law to Fix the False Patent Marking Statute After the Leahy-Smith America Invents Act
Richard A. Crudo · February 2012 80 GEO. WASH. L. REV. 568 (2012) The year 2010 was marked by an explosion of lawsuits from enterprising patent attorneys seeking to take advantage of the now-superseded false patent marking statute, which proscribed marking one’s product with a patent number when no patent existed. The statute’s qui tam... Read More
The Paradox of McDonald v. City of Chicago
David S. Cohen · November 2010 79 GEO. WASH. L. REV. ARGUENDO (2010) On the last day of its 2010 Term, the Supreme Court issued the landmark decision of McDonald v. City of Chicago, holding that the Second Amendment is incorporated against state and local governments. On its face, the 5–4 decision is simple enough,... Read More
The Impacts of McIntyre on Minimum Contacts
Alan B. Morrison · September 2011 80 GEO. WASH. L. REV. ARGUENDO (2011) The Supreme Court’s June 2011 decision in J. McIntyre Machinery, Ltd. v. Nicastro seriously unsettles the law of personal jurisdiction in suits against manufacturers of dangerous products that are delivered, through a distributor, to the jurisdiction where the product harmed a person... Read More
The Timing of Minimum Contacts After Goodyear and McIntyre
Todd David Peterson · September 2011 80 GEO. WASH. L. REV. ARGUENDO (2011) The Supreme Court has never articulated a reason why the “minimum contacts” test, which determines whether a defendant’s contacts with a forum are sufficient to subject it to in personam jurisdiction there, is required by the Due Process Clause, or why the Due Process... Read More
Volume 80, Issue 2 in Print
We are pleased to announce that the second issue of Volume 80 is now out in print. The lead piece for Issue 2 is “Direct (Anti-)Democracy,” by Professor Maxwell Stearns. This Article develops the complex argument that democratic decisionmaking embraces a set of tradeoffs based on the process used, ranging from legislative representation to appellate... Read More