Pro-Choice Plans

Brendan S. Maher 91 Geo. Wash. L. Rev. 446 After Dobbs v. Jackson Women’s Health Organization, the United States Constitution may no longer protect abortion, but a surprising federal statute does. That statute is called the Employee Retirement Income Security Act of 1974 (“ERISA”), and it has long been one of the most powerful preemptive...
Read More

Police Policing Police

Zachary D. Kaufman 91 Geo. Wash. L. Rev. 353 Police killings of George Floyd and at least 2,218 other Black Americans since 2015 amplified a racial reckoning and intensified demands for meaningful, overdue police reform. This Article is the first legal scholarship to argue that Congress and state legislatures across the United States should enact...
Read More

Superfluous Judicial Activism: The Takings Gloss

Michael Allan Wolf 91 Geo. Wash. L. Rev. 287 In the summer of 2021, the Supreme Court released opinions in three Takings Clause cases. The Justices did not focus primarily on the dozen words that compose that Clause. Instead, the Court considered the expansive judicial gloss on those words, the extratextual aspects established by takings...
Read More

The Monetary Executive

Christina Parajon Skinner 91 Geo. Wash. L. Rev. 164 Contemporary presidents possess a significant array of powers to intervene in the economy unilaterally, via executive order or the Treasury Department’s tools. But the Constitution does not vest the Executive Branch with monetary or fiscal power. Rather, the President has accumulated vast monetary power gradually, over...
Read More

“Nutrition Facts Labels” for Artificial Intelligence/Machine Learning-Based Medical Devices—The Urgent Need for Labeling Standards

Sara Gerke 91 Geo. Wash. L. Rev. 79 Artificial Intelligence (“AI”), particularly its subset Machine Learning (“ML”), is quickly entering medical practice. The U.S. Food and Drug Administration (“FDA”) has already cleared or approved more than 520 AI/ ML-based medical devices, and many more devices are in the research and development pipeline. AI/ML-based medical devices...
Read More

Learning from Leaders: Using Carpenter to Prohibit Law Enforcement Use of Mass Aerial Surveillance

Allie Schiele · March 2023 91 Geo. Wash. L. Rev. Arguendo 14 In 2020, the Baltimore Police Department (“BPD”) resurrected its dragnet aerial surveillance initiative—the Aerial Investigation Research (“AIR”) program. Using a plane outfitted with high-definition cameras, BPD was able to observe the daily movements of hundreds of thousands of Baltimore residents. Sophisticated technology such...
Read More