The Federal Circuit and the D.C. Circuit: Comparative Trials of Two Semi-Specialized Courts
John M. Golden · April 2010 78 GEO. WASH. L. REV. 553 (2010) A string of reversals by the Supreme Court of the United States has helped create an impression that the patent jurisprudence of the United States Court of Appeals for the Federal Circuit is under siege. But the experience of another semi-specialized court... Read More
The Federal Circuit in the Shadow of the Solicitor General
John F. Duffy · April 2010 78 GEO. WASH. L. REV. 518 (2010) The Federal Circuit is an innovation. Created by Congress in 1982 as a way to centralize intermediate appellate jurisdiction in patent cases, the court was expected to create a unified body of patent precedents that would be developed by judges having some... Read More
Keynote Address
The Honorable Orrin G. Hatch · April 2010 78 GEO. WASH. L. REV. 513 (2010) With the patent-reform bill working its way through Congress, today’s symposium about the U.S. Court of Appeals for the Federal Circuit could not have been more timely. As with the creation of the Federal Circuit, I believe streamlining our patent... Read More
Redefining Possessory Interests: Perfect Copies of Information as Fourth Amendment Seizures
Mark Taticchi · February 2010 78 GEO. WASH. L. REV. 942 (2010) Snap! The agent’s camera takes a picture of your diary entries from November third and fourth. Snap! It captures your bank statement from last September. Snap! A picture of your day planner for April thirtieth. Meanwhile, a technician is busy hooking up her... Read More
Not Registered to Vote? Sign This, Mail It, and Go Hire a Lawyer
Richard F. Shordt · February 2010 78 GEO. WASH. L. REV. 908 (2010) Elections in the United States are “highly decentralized,” with the vast majority of administrative responsibilities—voter registration, poll-worker training, vote tabulation—performed by state and local election officials. Nonetheless, Congress still has a free hand to influence the administration of federal elections, and in... Read More
Leaving Behind a Good Idea: How No Child Left Behind Fails to Incorporate the Individualized Spirit of the IDEA
Allison S. Owen · February 2010 78 GEO. WASH. L. REV. 870 (2010) Thomas hates that he cannot understand. As far back as he can remember, he was unable to complete even the so-called simple lessons. Thomas would watch as the other students in his class easily formed the letters of their names on their... Read More
At Writ’s End: Using the Law of Nations to Decide the Extraterritorial Reach of the Suspension Clause
Bruce Corey · February 2010 78 GEO. WASH. L. REV. 846 (2010) In 2001, Congress authorized President Bush to “use all necessary and appropriate force against . . . persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001 . . . .” Acting under this authority, the... Read More
The Restrictive Ethos in Civil Procedure
A. Benjamin Spencer · February 2010 78 GEO. WASH. L. REV. 822 (2010) “The courts are established to administer justice, and you cannot have justice if justice is constantly being thwarted and turned aside or delayed by a labyrinth of technical entanglements.” Those of us who study civil procedure are familiar with the notion that... Read More
Share and Share Alike: Intelligence Agencies and Information Sharing
Nathan Alexander Sales · February 2010 78 GEO. WASH. L. REV. 774 (2010) By Nathan Alexander Sales Information sharing is the one counterterrorism initiative virtually everyone supports. Yet no one seems to have any idea how to make it happen. Like the American public as a whole, the academy remains divided on the wisdom and... Read More
Duplicative Foreign Litigation
Austen L. Parrish · February 2010 78 GEO. WASH. L. REV. 697 (2010) What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of another country? With the growth of transnational litigation, the issue of reactive, duplicative proceedings—and the waste inherent in such... Read More