Just(ice) in Time for Future Generations: A Response to Hockett and Herstein
David DeGrazia · September 2009 77 GEO. WASH. L. REV. 1216 (2009) To whom or what do we have moral obligations? To whom or what should we have legal obligations? Is it possible that some recipients, or beneficiaries, of our obligations are not currently existing persons? Might some of them be human beings who are... Read More
The Identity and (Legal) Rights of Future Generations
Ori J. Herstein · September 2009 77 GEO. WASH. L. REV. 1173 (2009) What is the moral significance of “future generations”? Can they be the subjects of (legal) rights? And if so, do they have rights? The first part of this Article reflects on who or what in future generations is of moral significance, exploring... Read More
Justice in Time
Robert Hockett · September 2009 77 GEO. WASH. L. REV. 1135 (2009) Challenges raised by the subject of intergenerational justice seem often to be thought almost uniquely intractable. In particular, apparent conflicts between the core values of impartiality and efficiency raised by a large and still growing number of intertemporal impossibility results derived by Koopmans,... Read More
A New Interpretation, an Absurd Result: How HHS is Short-Changing Children with Severe Mental Illness
Stephen Satterfield · June 2009 77 GEO. WASH. L. REV. 1114 (2009) In 2001, the Department of Health and Human Services’ Office of the Inspector General (“OIG”) began a series of audits of states’ claims for federal assistance under the Medicaid program. These claims for “federal financial participation” (“FFP”) were essentially states’ requests for federal... Read More
Patent Reexamination and the Seventh Amendment
Megan Keane · June 2009 77 GEO. WASH. L. REV. 1101 (2009) Because patents are increasingly valuable and the number of patents issued increases every year, oversight by the U.S. Patent and Trademark Office (“PTO”) and the judiciary must be streamlined to ensure the patent holders’ rights are protected. After a patent has been issued... Read More
Independent Litigation Authority and Calls for the Views of the Solicitor General
Elliott Karr · June 2009 77 GEO. WASH. L. REV. 1080 (2009) The creation of independent agencies within the executive branch has produced a significant amount of scholarly debate about how the executive power should be distributed within the federal government. Although the existence of these independent agencies is likely to continue, the debate over... Read More
The Fault, Dear PCAOB, Lies Not in the Appointments Clause, but in the Removal Power, That You Are Unconstitutional
Julian Helisek · June 2009 77 GEO. WASH. L. REV. 1063 (2009) Free Enterprise Fund v. Public Co. Accounting Oversight Board, easily one of “the most important separation-of-powers case[s] regarding the President’s appointment and removal powers . . . in the last 20 years,” is off to the Supreme Court. The case involves a facial challenge to... Read More
Medicare Part D: Rights Without Remedies, Bars to Relief, and Miles of Red Tape
Elliot Golding · June 2009 77 GEO. WASH. L. REV. 1044 (2009) Medicare Part D, enacted as part of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (“MMA”), was designed to revolutionize the public health system by using the private insurance market to make prescription drug coverage for the elderly available and affordable.... Read More
Early Termination Fees: Fair game or Federally Preempted?
Ben Everard · June 2009 77 GEO. WASH. L. REV. 1033 (2009) Few technological developments in the modern era have impacted the day-to-day lives of Americans more significantly than the cell phone. The development of cell phones and the first cellular networks emerged in the latter part of the twentieth century. By 2007, half the... Read More
Challenges to Inclusion on the “No-Fly List” Should Fly in District Court: Considering the Jurisdictional Implications of Administrative Agency Structure
Shaina N. Elias · June 2009 77 GEO. WASH. L. REV. 1015 (2009) Alex Harris likes to travel with his family. In fact, Alex’s family, who lives in New York City, recently took a trip to London. Upon their return to John F. Kennedy International Airport from London, however, Alex Harris and his family were... Read More