License to All or Access to All? A Law and Economics Assessment of Standard Development Organizations’ Licensing Rules
Anne Layne-Farrar & Richard J. Stark 88 Geo. Wash. L. Rev. 1307 In the continuing debate over licensing standard essential patents (“SEPs”)... Read More
Business, Risk, & China’s MCF: Modest Tools of Financial Regulation for a Time of Great Power Competition
F. Scott Kieff 88 Geo. Wash. L. Rev. 1281 Doing business and investing both require mindfulness about risk, and market regulatory systems... Read More
Administrative Law’s Shadow
Jacob E. Gersen 88 Geo. Wash. L. Rev. 1071 This Essay explores the shadow of administrative law. A good deal of government... Read More
The “Ambiguity” Fallacy
Ryan D. Doerfler 88 Geo. Wash. L. Rev. 1110 This Essay considers a popular, deceptively simple argument against the lawfulness of Chevron.... Read More
The Power to Vacate a Rule
Mila Sohoni 88 Geo. Wash. L. Rev. 1121 A vigorous debate has emerged concerning the legality and desirability of the “universal” or... Read More
Consumer Expectations and Consumer Protection
Shayak Sarkar 88 Geo. Wash. L. Rev. 949 Regulators go to considerable lengths to shape specific product choices—the homes we buy, which... Read More
Uncooperative Environmental Federalism: State Suits Against the Federal Government in an Age of Political Polarization
Albert C. Lin 88 Geo. Wash. L. Rev. 890 The conventional account of most U.S. environmental regulation goes something like this: cooperative... Read More
Choosing Affordable Health Insurance
Govind Persad 88 Geo. Wash. L. Rev. 819 The Affordable Care Act (“ACA”) made health insurance accessible to many. Yet unaffordable insurance... Read More
Chevron Debates and the Constitutional Transformation of Administrative Law
Craig Green 88 Geo. Wash. L. Rev. 654 Chevron v. NRDC is under attack. Chevron deference to agencies’ statutory interpretation is a... Read More