On the Docket’s Preview of February Supreme Court Arguments

So far in 2017, the branches of government are moving at high speed—and the judiciary is no exception. February could be one of the last months with the Supreme Court as an eight-Justice bench. The Justices are using their remaining …

How the Supreme Court Derailed Formal Rulemaking

Professor Kent Barnett · January 2017
85 Geo. Wash. L. Rev. Arguendo 1

Based on archival research, this Essay explores the untold story of how the
Supreme Court in the 1970s largely ended “formal” trial-like rulemaking by
federal agencies in

Preemption Deals: Response to Robert Mikos

Aziz Z. Huq
85 Geo. Wash. L. Rev. 226

This Response analyzes the dynamics of federal-state bargaining in the preemption domain in the context of both Congress and federal agencies. It develops both the argument for intergovernmental bargaining, and considers

Credibility by Proxy

Julia Simon-Kerr
85 Geo. Wash. L. Rev. 152

Evidence jurisprudence assumes that impeachment rules are intended to help determine the truth of the matter by identifying liars. For example, a witness’s credibility can be impeached with evidence that she has

The Inefficient Evolution of Merger Agreements

Robert Anderson and Jeffrey Manns
85 Geo. Wash. L. Rev. 57

Transactional law is one of the most economically significant areas of legal practice and accounts for a large percentage of the profits and staffing at most elite law firms.

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