Harold J. Krent 95 Geo. Wash. L. Rev. Arguendo 1 Recent high-profile allegations of law enforcement misconduct have increased the importance of the Federal Tort Claims Act (“FTCA”) as a vehicle for remedying and deterring governmental officials’ abuse. This Essay argues that courts have interpreted the FTCA’s discretionary function exception, which the Supreme Court in Martin v. United States recently held applies in the law enforcement... Read More

Elya Nassaj 94 Geo. Wash. L. Rev. Arguendo 81 This Note analyzes the Supreme Court’s decisions in New York State Rifle & Pistol Ass’n v. Bruen and United States v. Rahimi, highlighting its problematic reliance on historical analogues to assess firearm regulations under the Second Amendment. Under the Bruen framework, firearm regulations are constitutional only if they have a “relevantly similar” historical analogue—meaning the modern regulation... Read More

Tracey E. George, Mitu Gulati, & Albert H. Yoon 94 Geo. Wash. L. Rev. Arguendo 61 A Supreme Court clerkship is the legal profession’s most valuable credential, yet access is increasingly controlled by a microscopic subset of the federal judiciary. This Essay presents an analysis of the “feeder judge” phenomenon, revealing a system defined by concentration, demographic homogeneity, and ideological matching. A small, elite band of... Read More

William R. Corbett 94 Geo. Wash. L. Rev. Arguendo 35 The Supreme Court’s escalating textualist purge of the judicial gloss on Title VII, displayed in Ames v. Ohio Department of Youth Services and Muldrow v. City of St. Louis, is fashioning a body of law that differs significantly from the one that has developed over six decades. This Essay considers how the Court’s textualist approach has... Read More

Christian B. Edmonds 94 Geo. Wash. L. Rev. Arguendo 21 The Supreme Court’s decision in Kennedy v. Bremerton School District restored a historical understanding of the Establishment Clause, explaining that a private act of religious expression did not transform into government speech simply because it occurred in public. Although the Court emphasized the role of historical practices and understandings in interpreting the Establishment Clause, it did... Read More

S.I. Strong 94 Geo. Wash. L. Rev. Arguendo 1 In March and April 2025, the Trump Administration issued a series of executive orders directed at various law firms that had represented clients or undertaken actions with which the President disagreed. Those executive orders imposed various sanctions capable of destroying the firms financially. The Administration also threatened numerous other law firms with similar types of executive orders.... Read More

Mark A. Graber 93 Geo. Wash. L. Rev. Arguendo 41 The Supreme Court in Trump v. Anderson was originalist only in the sense that the Justices offered an original, as... Read More

Allen Rostron 93 Geo. Wash. L. Rev. Arguendo 26 This Essay argues that the Supreme Court should be willing to admit when history is inconclusive when analyzing issues from a... Read More

Alan B. Morrison 93 Geo. Wash. L. Rev. Arguendo 1 This Essay examines nine cases that the Court decided—many of them unanimously—and asks some rather mundane questions. Did the decision... Read More