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Political Law

Spencer Overton · December 2013
81 GEO. WASH. L. REV. 1783 (2013)

Traditional “election law” or “the law of democracy” concentrated largely on constitutional analysis by judicial actors. That narrow focus, however, distorted scholars’ understanding of the problems confronting democracy …

Embracing Administrative Common Law

Gillian E. Metzger · July 2012
80 GEO. WASH. L. REV. 1293 (2012)

This Foreword begins with the descriptive claim that much of administrative law is really administrative common law: doctrines and requirements that are largely judicially created, as opposed …

Rulemaking, Democracy, and Torrents of E-Mail

Nina A. Mendelson · July 2011
79 GEO. WASH. L. REV. 1343 (2011)

Bold claims have been made for democracy and federal administrative agency notice-and-comment rulemaking, now the dominant mode of administrative action. An agency’s public proposal of a rule …

Aggregate Litigation Reconsidered

Roger H. Trangsrud · February 2011
79 GEO. WASH. L. REV. 293 (2011)

Aggregate litigation has become an integral part of the U.S. civil justice system, used in cases as varied as civil rights, securities, and mass torts. Aggregate litigation, …

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 …