The Restrictive Ethos in Civil Procedure
A. Benjamin Spencer · February 2010 78 GEO. WASH. L. REV. 822 (2010) “The courts are established to administer justice, and you cannot have justice if justice is constantly being thwarted and turned aside or delayed by a labyrinth of technical entanglements.” Those of us who study civil procedure are familiar with the notion that... Read More
Share and Share Alike: Intelligence Agencies and Information Sharing
Nathan Alexander Sales · February 2010 78 GEO. WASH. L. REV. 774 (2010) By Nathan Alexander Sales Information sharing is the one counterterrorism initiative virtually everyone supports. Yet no one seems to have any idea how to make it happen. Like the American public as a whole, the academy remains divided on the wisdom and... Read More
Duplicative Foreign Litigation
Austen L. Parrish · February 2010 78 GEO. WASH. L. REV. 697 (2010) What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of another country? With the growth of transnational litigation, the issue of reactive, duplicative proceedings—and the waste inherent in such... Read More
Warrantless Wiretapping, Retroactive Immunity, and the Fifth Amendment
Mike Wagner · November 2009 78 GEO. WASH. L. REV. 204 (2009) This Note argues that Congress should amend the FISA Amendments Act of 2008 (“FISAA”) to remove its retroactive grant of immunity because it unconstitutionally infringes on the rights guaranteed in the Fifth Amendment of the Consitution. First, FISAA violates the Fifth Amendment’s Due... Read More
Yes We Can . . . Fire You For Sending Political E-mails: A Proposal to Update the Hatch Act for the Twenty-First Century
Nikhel Sus · November 2009 78 GEO. WASH. L. REV. 171 (2009) The Hatch Act is a federal law that restricts the political activities of public employees. Specifically, it prohibits employees from engaging in political activity while they are on duty or in a government building. Although it was originally enacted in 1939 to prevent... Read More
Against Certification
Justin R. Long · November 2009 78 GEO. WASH. L. REV. 114 (2009) Certification is the process whereby federal courts, confronted by an open question of state law in federal litigation, ask the relevant state high court to decide the state law question. If the state high court chooses to answer, its statement of state... Read More
The Three or Four Approaches to Financial Regulation: A Cautionary Analysis Against Exuberance in Crisis Response
Lawrence A. Cunningham & David Zaring · November 2009 78 GEO. WASH. L. REV. 39 (2009) First the financial markets collapsed, and second came massive government intervention designed to address the collapse. The third part of any financial crisis is reform. Judging by the exuberant production of scores of ambitious alternative visions for financial regulation... Read More
Pretrial Procedural Reform and Jack Friedenthal
Mary Kay Kane · November 2009 78 GEO. WASH. L. REV. 30 (2009) What makes an influential procedure scholar? Acute powers of analysis, the ability to see the broader implications of procedural change, and the capacity to articulate clearly and concisely what is at stake are, of course, all critical qualities. But there is an... Read More
Celebrating Jack H. Friedenthal: The Views of Two Co-authors
Helen Hershkoff & Arthur R. Miller · November 2009 78 GEO. WASH. L. REV. 9 (2009) The tributes in this volume celebrate Jack’s multifaceted accomplishments in the five decades since his graduation from the Harvard Law School in 1958. Professor Friedenthal’s work as a dean, as a special master settling disputes between the National Football... Read More
Jack Friedenthal: A Scholar, a Teacher, and a Dean’s Dean
Frederick M. Lawrence · November 2009 78 GEO. WASH. L. REV. 3 (2009) It is altogether fitting that The George Washington Law Review should mark Professor Jack Friedenthal’s first fifty years in law teaching with a special issue of the Review. Jack’s impact on the legal academy in general and The George Washington University Law... Read More