On the Docket’s Preview of the May Supreme Court Arguments
This month’s oral arguments are truly historic. Due to the COVID-19 pandemic, the Court will not be meeting in person, but rather... Read More
RNC v. DNC: Absentee Voters and the Partisan Pandemic
As it happened, the election results, when released April 13, surprised most observers. Nevertheless, the Supreme Court’s decision in RNC v. DNC is, to put it politely, paradoxical.
Kansas v. Glover: Just Common Sense?
We have no idea why Officer Mehrer decided to check on Glover’s license plate. Might it matter after all? Can a jurisdiction instruct its officers to run the license plate of every automobile they come across and to assume that any owner whose license has been suspended or revoked should be stopped to see if the owner is driving? What is the common-sense answer?
It Could Have Been Worse, But a Statute Designed to “Break Down All Discrimination” Against African Americans Deserves Better than Comcast Corporation v. National Association of African American-Owned Media
The year after the Civil War, the federal government made a commitment to Black people in this country. In simple but sweeping language, the Civil Rights Act of 1866 mandates that “[a]ll persons within the jurisdiction of the United States shall have the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens.”
The Concession that Dooms Originalism: A Response to Professor Lawrence Solum
Professor Eric J. Segall · April 2020 88 Geo. Wash. L. Rev. Arguendo 33 This essay responds to a recent article by Professor... Read More
Kahler v. Kansas: Narrowing the Insanity Defense
Could a state now abolish both prongs of the M’Naghten standard (or any variants thereof)? Could a state reject any formulation of an insanity defense and bar evidence of insanity at trial entirely?
Equality Is a Brokered Idea
Professor Robert Tsai · March 2020 88 Geo. Wash. L. Rev. Arguendo 1 This essay examines the Supreme Court’s stunning decision in the... Read More
Kansas v. Garcia: The Court Greenlights State Prosecutions of Unauthorized Workers
Propelled to office on his celebrity and a populist platform, the Republican president’s “Make America Great Again” slogan rallied his conservative base and positioned him to sign sweeping immigration legislation during his second term in office. If that last bit sounds off, it may help to clarify that the president in question was Ronald Reagan, the year was 1986, and the legislation was the Immigration Reform and Control Act (IRCA).
Tyson Foods, Inc. v. Bouaphakeo: Class Actions Escape Knock Out Punch from Tyson
Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. ___ (2015) (Kennedy, J.). Response by Dean Alan Morrison Geo. Wash. L. Rev. Docket (Oct.... Read More
On the Docket’s Preview of February Supreme Court Arguments
As the Court resumes oral arguments on Monday, February 22 after a month-long recess, many will miss the voice of Associate Justice... Read More