Are Administrative Patent Judges Unconstitutional?

John F. Duffy · June 2009 77 GEO. WASH. L. REV. 904 (2009) Under 35 U.S.C. § 6, administrative patent judges of the Board of Patent Appeals and Interferences (“BPAI”) are appointed by the Director of the Patent and Trademark Office (“PTO”). That method of appointment is almost certainly unconstitutional, and the administrative patent judges...
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Agency Self-Regulation

Elizabeth Magill · June 2009 77 GEO. WASH. L. REV. 859 (2009) Discretion is at the center of most accounts of bureaucracy. It is no mystery why this is so. While agencies are hemmed in by statutes, the President, and courts, they still possess enormous discretion that they can exercise in ways that matter to...
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The Pollution Delusion: A Proposal for a Uniform Interpretation of Pollution in General Liability Absolute Pollution Exclusions

Christopher Meeks · April 2009 77 GEO. WASH. L. REV. 824 (2009) This Note proposes a uniform method for interpreting the term pollution to address the problems associated with an unclear definition of pollution in the absolute pollution exclusion. Specifically, this Note argues that state courts should first find that the term pollution is ambiguous,...
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A Snake in the Grass?: Section 798 of the Espionage Act and Its Constitutionality as Applied to the Press

Andrew Croner · April 2009 77 GEO. WASH. L. REV. 766 (2009) The Foreign Intelligence Surveillance Act (“FISA”) establishes the statutory framework for foreign intelligence operations involving electronic surveillance. It requires that NSA secure warrants based on probable cause prior to conducting electronic surveillance that targets the communications of any United States citizen located in...
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The (Misunderstood) Genius of American Corporate Law

Robert B. Ahdieh · April 2009 77 GEO. WASH. L. REV. 730 (2009) In this article, Prof. Robert Ahdieh offers a response to the comments by Profs. William Bratton, Lawrence Cunningham, and M. Todd Henderson on his article, Trapped in a Metaphor: The Limited Implications of Federalism for Corporate Governance.

Two Visions of Corporate Law

M. Todd Henderson · April 2009 77 GEO. WASH. L. REV. 708 (2009) This Essay offers a different and more fundamental explanation for the persistence and political alignment of the classic debate in corporate law – whether the American way of making corporate law is one that will lead toward good rules or bad rules...
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The New Federal Corporation Law?

Lawrence A. Cunningham · April 2009 77 GEO. WASH. L. REV. 685 (2009) Professor Robert Ahdieh offers to reinterpret the debate over whether state competition for corporate charters leads to more or less optimal results—a race to the top or bottom. He presents the more modest stances taken by the debate’s titans, William Cary and...
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Unentrapped

William W. Bratton · April 2009 77 GEO. WASH. L. REV. 677 (2009) In Trapped in a Metaphor: The Limited Implications of Federalism for Corporate Governance, Professor Robert Ahdieh bids us to clean up corporate federalism. We should stop describing the states as “racing” to make corporate law and stop evaluating the results of state...
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