Abortion Ally or Abettor: Accomplice and Conspiracy Liability After Dobbs
The bristle of state laws criminalizing abortion after Dobbs v. Jackson Women’s Health Organization raises important questions about accomplice and conspiracy liability for helping people pursue reproductive freedoms out of state. This Article is the first to ground defenses to liability for helping people pursue reproductive and gender freedoms after Dobbs in anti-totalitarian theory and in light of how courts have curbed the criminalization of compassion to migrants.
The Mathematical Question: Defining “Relatively Easy” Political Questions
Nathaniel Schwamm 92 Geo. Wash. L. Rev. 1182 Justiciability doctrines are intertwined with constitutional commands and prudential concerns. They weave together text... Read More
Judicial Review of Agency Noncompliance with Presidential Administrative Orders and OMB Circular A-4
Eitan Sirkovich 92 Geo. Wash. L. Rev. 1163 President Biden’s Executive Order 14,094, Modernizing Regulatory Review, continues the line of presidential directives... Read More
What the New Major Questions Doctrine Is Not
Anita S. Krishnakumar 92 Geo. Wash. L. Rev. 1117 The major questions doctrine has undergone a sea change in prominence within the... Read More
Chenery II Revisited
Daniel T. Deacon 92 Geo. Wash. L. Rev. 1050 Ever since the Supreme Court’s 1947 decision in SEC v. Chenery Corporation, known... Read More
The Ordinary Questions Doctrine
In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron as inconsistent with the Administrative Procedure Act (“APA”), which requires courts to decide “all relevant questions of law” and therefore prohibits them from deferring to agency interpretations because the relevant statutory language is ambiguous. A different approach now governs judicial review of the countless routine, often specialized questions of statutory interpretation that agencies answer in the normal course of implementing their statutes—the “ordinary” questions.
Balancing the Burden of Qualified Immunity: How to Better Address the Original Intentions of this Limited Defense to § 1983 Claims
Gillian Isabelle 92 Geo. Wash. L. Rev. Arguendo 95 The doctrine of qualified immunity was born in a time of turmoil in... Read More
Transformative Manners of Use: The Unofficial Bridgerton Musical and a Call for Reform in Transformative Use Analysis
Brice Kimble 92 Geo. Wash. L. Rev. Arguendo 65 Modern cases of copyright infringement largely deal with an analysis of ‘transformative use,’... Read More
Elhady Reversed: The Implications of Judicial Deference for Government Watchlist Plaintiffs
Priyanka Mara 92 Geo. Wash. L. Rev. Arguendo 45 Since their inception over twenty years ago, contemporary government terrorist watchlists have faced... Read More