Derailing Penn Central: A Post-Lingle, Cost-Basis Approach to Regulatory Takings
Joshua P. Borden · June 2010 78 GEO. WASH. L. REV. 870 (2010) To illustrate the problems created by the Court’s current approach to regulatory takings, this Note examines a hypothetical situation. After years of carefully saving, John decided to invest in a small business and purchase a popular trailer park for $400,000. He rented... Read More
Oral History and the Study of the Judiciary
Chad M. Oldfather · June 2010 78 GEO. WASH. L. REV. 846 (2010) There is no shortage of books on judging. A nonexhaustive list from the past few years alone includes books entitled Justice in Robes, Judging under Uncertainty, Law and Judicial Duty, Judges and Their Audiences, The Judge in a Democracy, Running for Judge,... Read More
Fulfilling Government 2.0’s Promise with Robust Privacy Protections
Danielle Keats Citron · June 2010 78 GEO. WASH. L. REV. 822 (2010) The public can now friend the White House and scores of agencies on social networks, virtual worlds, and video-sharing sites. The Obama Administration sees this trend as crucial to enhancing governmental transparency, public participation, and collaboration. As the President has underscored, government... Read More
Penalizing Punitive Damages: Why the Supreme Court Needs a Lesson in Law and Economics
Steve P. Calandrillo · June 2010 78 GEO. WASH. L. REV. 774 (2010) The recent landmark Supreme Court decision addressing punitive damages in the infamous Exxon Valdez oil spill case has brought the issue of punitive awards back into the legal limelight. Modern Supreme Court jurisprudence, most notably BMW of North America, Inc., State Farm,... Read More
Free Speech and the Myth of the Internet as an Unintermediated Experience
Christopher S. Yoo · June 2010 78 GEO. WASH. L. REV. 697 (2010) In recent years, concerns about the role of Internet intermediaries have continued to grow. The debate initially focused on last-mile broadband providers’ abilities to favor certain content or applications either by giving them different levels of higher priority or by charging them... Read More
Volunteering to Deceive: Criminalizing Citizen-Group Espionage
Andrew Frohlich · April 2010 78 GEO. WASH. L. REV. 668 (2010) The McFate/Sapone saga is not a mere isolated incident, but rather a misstep which has thrust into the public light an industry about which little is publicly known: citizen-group espionage. Corporations—and occasionally rival nonprofit organizations—sometimes seek an unfair advantage in the debate of... Read More
Your Insurance Does Not Cover That: Disability-Based Discrimination Where It Hurts the Most
Timothy Frey · April 2010 78 GEO. WASH. L. REV. 636 (2010) When Brenda Henderson was diagnosed with an aggressive form of breast cancer, her doctor recommended that she undergo a regimen of high-dose chemotherapy (“HDCT”), which was the most effective method of treating the disease. Unfortunately, her insurer did not cover HDCT for breast... Read More
Holding Corporations Liable in the United States for Aiding and Abetting Human Rights Violations Abroad: A Statutory Solution
Anthony Bernard · April 2010 78 GEO. WASH. L. REV. 615 (2010) Imagine that a natural gas pipeline is being constructed in a developing country in Southeast Asia. The country’s military-dominated government has contracted with a foreign multinational corporation to construct the pipeline in order to attract foreign investment and fund the project. The pipeline... Read More
The Government Contract Decisions of the Federal Circuit
Ralph C. Nash, Jr. · April 2010 78 GEO. WASH. L. REV. 586 (2010) The Federal Circuit seems to have slowly drifted away from this view of its role. Perhaps this has occurred because it is no longer exclusively a court hearing claims against the government. The purpose of this Article is to trace a... Read More
The Federal Circuit: A Model for Reform?
Paul D. Carrington & Paulina Orchard · June 2010 78 GEO. WASH. L. REV. 575 (2010) Are our federal courts organized suitably to perform their mission of assuring coherent administration of our national law? Maybe not. The senior author of this Essay, along with many others, argued to the contrary forty years ago. Now, experience... Read More