Agency Delays: How a Principal-Agent Approach Can Inform Judicial and Executive Branch Review of Agency Foot-Dragging
Michael D. Sant’Ambrogio · July 2011 79 GEO. WASH. L. REV. 1381 (2011) How long should it take a government agency to act on a nondiscretionary duty? When does the agency’s decisionmaking process become unreasonably delayed, warranting judicial intervention to compel agency action? These questions are central to the operation and accountability of the modern... Read More
Rulemaking, Democracy, and Torrents of E-Mail
Nina A. Mendelson · July 2011 79 GEO. WASH. L. REV. 1343 (2011) Bold claims have been made for democracy and federal administrative agency notice-and-comment rulemaking, now the dominant mode of administrative action. An agency’s public proposal of a rule and acceptance of public comment prior to issuing the final rule can help us view... Read More
Screening for Children: Choice and Chance in the “Wild West” of Reproductive Medicine
Benjamin B. Williams · June 2011 79 GEO. WASH. L. REV. 1305 (2011) While the struggle over abortion rights in the United States continues vociferously, as recently highlighted by the passage of nationalized health care, a new type of reproductive medical procedure has arrived, unnoticed and unregulated. Preimplantation genetic screening (“PGS”) and in vitro fertilization... Read More
We Can’t Stay This Way: Changing the Standard for Staying Injunctions Pending Appeal After eBay
Daniel C. Tucker · June 2011 79 GEO. WASH. L. REV. 1276 (2011) This Note proposes a new framework for the Federal Circuit to use when deciding whether to stay an injunction pending appeal in patent cases. The new framework would allow the court to clearly and quickly articulate the reasons for its decision while... Read More
Balancing the ERISA Seesaw: A Targeted Approach to Remedying the Problem of Worker Misclassification in the Employee Benefits Context
Tracy Snow · June 2011 79 GEO. WASH. L. REV. 1237 (2011) Many companies are increasingly using independent contractors to reduce costs in an environment characterized by unexpected fluctuations in the market and intense global competition. Independent contractors, also called “freelancers,” are self-employed individuals who render services directly to companies outside the scope of the... Read More
Arrested Development: Reforming the Federal All-Arrestee DNA Collection Statute to Comply With the Fourth Amendment
Ashley Eiler · June 2011 79 GEO. WASH. L. REV. 1201 (2011) Under a federal statutory scheme, the fact that an arrestee is never formally charged or convicted of a crime has little impact on the analysis or continued use of her DNA profile; the federal government has no obligation to take affirmative steps to... Read More
(Spy) Game Change: Cyber Networks, Intelligence Collection, and Covert Action
Robert D. Williams · June 2011 79 GEO. WASH. L. REV. 1162 (2011) This Article makes two related arguments: one descriptive and one normative. Descriptively, it contends that the use of computer networks in carrying out intelligence operations entails a blurring of the conceptual and legal distinction between intelligence collection and covert action. In light... Read More
Privileges and Immunities, Public Education, and the Case for Public School Choice
Aaron Y. Tang · June 2011 79 GEO. WASH. L. REV. 1103 (2011) The vast disparity in the quality of educational opportunity afforded by schools in similar geographic areas is not news to many policymakers and public interest litigators. The past four decades have witnessed no shortage of policies and school finance lawsuits aimed at... Read More
Reverse Sampling: Holding Lotteries to Allocate the Proceeds of Small-Claims Class Actions
Shay Lavie · June 2011 79 GEO. WASH. L. REV. 1065 (2011) Small-claims class actions pose a unique dilemma: individual awards are small, and it is often not feasible to distribute them to each and every plaintiff. Courts have devised several alternative allocation procedures to cope with this problem, but none are satisfactory. This Article... Read More
Lost in the Dismal Swamp: Interstate Class Actions, False Federalism, and the Dormant Commerce Clause
Chad DeVeaux · June 2011 79 GEO. WASH. L. REV. 995 (2011) “No taxation without representation.” This paradigmatic mantra of the American Revolution constitutes an important foundational premise of the dormant Commerce Clause. Although it is most often associated with its anti-protectionist function of prohibiting protectionist state regulations that discriminate against out-of-state commerce, I posit... Read More