Warrantless Wiretapping, Retroactive Immunity, and the Fifth Amendment

Mike Wagner · November 2009 78 GEO. WASH. L. REV. 204 (2009) This Note argues that Congress should amend the FISA Amendments Act of 2008 (“FISAA”) to remove its retroactive grant of immunity because it unconstitutionally infringes on the rights guaranteed in the Fifth Amendment of the Consitution. First, FISAA violates the Fifth Amendment’s Due...
Read More

Against Certification

Justin R. Long · November 2009 78 GEO. WASH. L. REV. 114 (2009) Certification is the process whereby federal courts, confronted by an open question of state law in federal litigation, ask the relevant state high court to decide the state law question. If the state high court chooses to answer, its statement of state...
Read More

The Three or Four Approaches to Financial Regulation: A Cautionary Analysis Against Exuberance in Crisis Response

Lawrence A. Cunningham & David Zaring · November 2009 78 GEO. WASH. L. REV. 39 (2009) First the financial markets collapsed, and second came massive government intervention designed to address the collapse. The third part of any financial crisis is reform. Judging by the exuberant production of scores of ambitious alternative visions for financial regulation...
Read More

Pretrial Procedural Reform and Jack Friedenthal

Mary Kay Kane · November 2009 78 GEO. WASH. L. REV. 30 (2009) What makes an influential procedure scholar? Acute powers of analysis, the ability to see the broader implications of procedural change, and the capacity to articulate clearly and concisely what is at stake are, of course, all critical qualities. But there is an...
Read More

Celebrating Jack H. Friedenthal: The Views of Two Co-authors

Helen Hershkoff & Arthur R. Miller · November 2009 78 GEO. WASH. L. REV. 9 (2009) The tributes in this volume celebrate Jack’s multifaceted accomplishments in the five decades since his graduation from the Harvard Law School in 1958. Professor Friedenthal’s work as a dean, as a special master settling disputes between the National Football...
Read More

Jack Friedenthal: A Scholar, a Teacher, and a Dean’s Dean

Frederick M. Lawrence · November 2009 78 GEO. WASH. L. REV. 3 (2009) It is altogether fitting that The George Washington Law Review should mark Professor Jack Friedenthal’s first fifty years in law teaching with a special issue of the Review.  Jack’s impact on the legal academy in general and The George Washington University Law...
Read More

In Celebration of Jack Friedenthal

The Honorable Ruth Bader Ginsburg · November 2009 78 GEO. WASH. L. REV. 1 (2009) In a half century and more of dedication to legal education, Jack Friedenthal has earned the respect, appreciation, and affection of legions of jurists, teachers, and students.  It was my good fortune to encounter him first in days when we...
Read More

Dedication

The George Washington Law Review · November 2009 78 GEO. WASH. L. REV. (2009) In 1958, Jack Harlan Friedenthal began teaching at Stanford Law School.  In 1988, he left Stanford for the deanship at The George Washington University Law School.  He served as dean for a decade, stepping down after a decade of achievement.  Since...
Read More

The Aspirational Constitution

Michael C. Dorf · September 2009 77 GEO. WASH. L. REV. 1631 (2009) This Article questions the view that constitutional rights generally entrench deep values against future backsliding. Constitutional rights sometimes work that way, but, in important respects, the American experience has been quite different. Constitutional rights are typically established as the culmination of a...
Read More