Free Speech Originalism: Unconstraining in Theory and Opportunistic in Practice
Caroline Mala Corbin 92 Geo. Wash. L. Rev. 633 Courts should not apply originalism in freedom of expression cases. Originalists claim that... Read More
Effectively Irrebuttable Presumptions: Empty Rituals and Due Process in Immigration Proceedings
Tiffany J. Lieu 92 Geo. Wash. L. Rev. 580 Rebuttable presumptions—ones that offer the opportunity to overcome a presumed fact—are a common... Read More
Representations & Warranties, Fraud, and Risk Shifting: An Analytical Framework
Steven L. Schwarcz 92 Geo. Wash. L. Rev. 549 Do violations of contractual representations and warranties (“R&Ws”) merely shift risk by giving... Read More
The New Usury: The Ability-to-Repay Revolution in Consumer Finance
Adam J. Levitin 92 Geo. Wash. L. Rev. 425 American consumer credit regulation is in the midst of a doctrinal revolution. Usury laws,... Read More
Modernizing the Power of the Purse Statutes
Eloise Pasachoff 92 Geo. Wash. L. Rev. 359 Two foundational statutes limit the executive branch’s important and necessary work in executing the budget... Read More
Rethinking Eisner v. Macomber, and the Future of Structural Tax Reform
Alex Zhang 92 Geo. Wash. L. Rev. 179 In June 2023, the Supreme Court granted the petition for a writ of certiorari... Read More
Regulating Guns as Products
Benjamin L. Cavataro 92 Geo. Wash. L. Rev. 87 Toy guns are subject to federal product safety regulation. Real guns are not.... Read More
Patient or Prisoner
Ji Seon Song 92 Geo. Wash. L. Rev. 1 Carceral power expands into many institutions vital to social life. This Article focuses... Read More
Central Bank Immunity, Sanctions, and Sovereign Wealth Funds
Ingrid Brunk 91 Geo. Wash. L. Rev. 1616 Central bank assets held in foreign countries are entitled to immunity from execution under... Read More