Avoiding the Chill: A Proposal to Impose the Avoidance Canon on the FCC
Mark Taticchi · July 2010 78 GEO. WASH. L. REV. 1102 (2010) Imagine a local television station (W-UHOH), covering a minor league baseball game. The visiting team—the Blue Sox—has lost twenty-three straight games against the home team—the Yonkers—but is currently winning by four runs in the bottom of the ninth. After the final batter grounds... Read More
Deference to Presidential Signing Statements in Administrative Law
Paul T. Stepnowsky · July 2010 78 GEO. WASH. L. REV. 1086 (2010) After President Obama questioned the use and frequency with which President Bush relied on signing statements to challenge the constitutionality or vagueness of statutes, he has continued this trend to further his own Administration’s policy objectives. Both Presidents have used signing statements... Read More
Union Shops, Not Border Stops: Updating NLRB Sanctions to Help Organize Immigrant Workers After Hoffman
Peter E. Shapiro · July 2010 78 GEO. WASH. L. REV. 1069 (2010) In Hoffman Plastic Compounds, Inc. v. NLRB, the Supreme Court held that the National Labor Relations Board (“NLRB”) could not award backpay to unauthorized workers who were fired because of their union activity. At its core, Hoffman stands for a well-understood central... Read More
The Meaningful Vote Commission: Restraining Gerrymanders with a Federal Agency
Joseph A. Peters · July 2010 78 GEO. WASH. L. REV. 1051 (2010) Federalist No. 51 could provide some guidance as America heads into the 2010 redistricting cycle. The states will once again draw new maps for electing members of Congress and, without auxiliary precautions, the states will once again fail to control themselves, using... Read More
Reforming the Murky Depths of Wall Street: Putting the Spotlight on the Securities and Exchange Commission’s Regulatory Proposal Concerning Dark Pools of Liquidity
Robert Hatch · July 2010 78 GEO. WASH. L. REV. 1032 (2010) When the Securities Act of 1933 and the Securities Exchange Act of 1934 were first drafted, President Roosevelt expected that they would establish an equitable market system primarily by requiring public companies to follow a strict regimen of disclosure to investors. Considering New... Read More
Reasonably Untimely: The Difficulty of Knowing When to File a Claim for Attorney’s Fees in Social Security Cases, and an Administrative Solution
Matthew Albanese · July 2010 78 GEO. WASH. L. REV. 1014 (2010) In 2008, over 13,000 claims under the Social Security laws were filed in the district courts of the United States. Victorious claims, however, require not only bona fide claimants but also persistent lawyers. Attorneys who successfully represent Social Security disability claimants and win... Read More
The Adam Walsh Act and the Failed Promise of Administrative Federalism
Wayne A. Logan · July 2010 78 GEO. WASH. L. REV. 993 (2010) With the realization that the Rehnquist Court’s judicial federalism revolution was perhaps not so revolutionary after all, scholars increasingly have looked to alternate institutions to preserve state autonomy and related federalism values. The most obvious candidate, Congress, has disappointed, persisting in its... Read More
The American Model of Federal Administrative Law: Remembering the First One Hundred Years
Jerry L. Mashaw · July 2010 78 GEO. WASH. L. REV. 975 (2010) The conventional story of American administrative law dates its origin to a period 100 years after the founding. In his classic history of American law, Lawrence Friedman tells us, “[i]n hindsight, the development of administrative law seems mostly a contribution of the... Read More
That Is What We Said, but This Is What We Meant: Putting the Meaning Back into Use-of-Force Legislation
Daniel George · June 2010 78 GEO. WASH. L. REV. 942 (2010) Consider: The President takes the country to war following a devastating terrorist attack on U.S. soil. Congress quickly grows frustrated with the progress of the war and the perceived threats to civil liberties arising out of the acts that the President is taking... Read More
The People on the Bus Get Searched and Seized: Why Police Conduct in Suspicionless Bus Sweeps Should Be Circumscribed
Alex Brazier · June 2010 78 GEO. WASH. L. REV. 908 (2010) During a scheduled bus stop in Tallahassee, Florida, two African-American men found themselves in an unexpected and unpleasant situation. After reboarding the Greyhound bus on which they came and surrendering their tickets to the bus driver, the two men reoccupied their adjacent seats,... Read More