Factual Premises of Statutory Interpretation in Agency Review Cases
Todd S. Aagaard · February 2009 77 GEO. WASH. L. REV. 366 (2009) This Article examines factual premises of statutory interpretation in cases reviewing administrative agency action. It proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Judicial interpretation of statutes administered by agencies... Read More
Universal De Novo Review
Chad M. Oldfather · February 2009 77 GEO. WASH. L. REV. 308 (2009) This Article’s aim is to enhance our understanding of the practice of de novo review, with special emphasis on four subsidiary questions. First, how might the practice of de novo review be justified? Does institutional competence provide the answer, or must we... Read More
Trapped in a Metaphor: The Limited Implications of Federalism for Corporate Governance
Robert S. Ahdieh · February 2009 77 GEO. WASH. L. REV. 255 (2009) Trapped in a metaphor articulated at the founding of modern corporate law, the study of corporate governance has—for some thirty years—been asking the wrong questions. Rather than a singular race among states, whether to the bottom or the top, the synthesis of... Read More
Still Crying Out for Clarification: The Scope of Liability Under the Alien Tort Statute After Sosa
Stephen Satterfield · November 2008 77 GEO. WASH. L. REV. 216 (2008) This Note identifies the terms and the stakes of the post-Sosa debate about the nature of the ATS and suggests that the most pressing issue regarding the statute’s application is no longer what constitutes a cognizable claim under the ATS but rather who... Read More
From Bereavement to Banishment: The Deportation of Surviving Alien Spouses Under the “Widow Penalty”
Shaina N. Elias · November 2008 77 GEO. WASH. L. REV. 172 (2008) Today, hundreds of alien widows and widowers across the country face automatic deportation from the United States because their American citizen spouses died before the couples celebrated their two-year wedding anniversaries. Under the Immigration Service’s current interpretation of immigration law, if the... Read More
A Right to Decide Not to Be a Legal Father: Gonzales v. Carhart and the Acceptance of Emotional Harm as a Constitutionally Protected Interest
Christopher Bruno · November 2008 77 GEO. WASH. L. REV. 141 (2008) This Note argues that courts should recognize a privacy right to decide not to be a legal father. Such a privacy right is derived from the right to procreative autonomy as already established by Griswold v. Connecticut, Eisenstadt v. Baird, Roe v. Wade,... Read More
Exhuming the Seemingly Moribund Declaration of War
Saikrishna Bangalore Prakash · November 2008 77 GEO. WASH. L. REV. 89 (2008) Scholars and politicians insist that declarations of war are relics of the past. As proof, they point out that in over two centuries the United States has declared war only five times and that the nation last declared war over sixty years... Read More
Fixing Innovation Policy: A Structural Perspective
Stuart Minor Benjamin & Arti K. Rai · November 2008 77 GEO. WASH. L. REV. 1 (2008) Innovation is central to economic growth and human welfare. Government officials and commentators have recognized this reality and have called for a variety of different substantive incentives for stimulating innovation. But the question of how an innovation regulator... Read More
Deliberation Across the Cultural Divide: Assessing the Potential for Reconciling Conflicting Cultural Orientations to Reprodutive Technology
John Gastil, Justin Reedy, Donald Braman & Dan M. Kahan · September 2008 76 GEO. WASH. L. REV. 1478 (2008) From birth control and abortion to in vitro fertilization and genetic enhancement, reproductive technologies are furnishing Americans not only with new modes of control over sexual and reproductive choice, but also with new sites for... Read More
Prosecuting the Womb
Michele Goodwin · September 2008 76 GEO. WASH. L. REV. 1411 (2008) In May, 2008, shortly before the publication of this Article, the South Carolina Supreme Court, in a unanimous decision, reversed the conviction of Regina McKnight, five years after upholding her conviction on a controversial drug conviction. Ms. McKnight, an indigent Black woman, was... Read More