The Constitutional Right to “Establish a Home”
John G. Sprankling 90 Geo. Wash. L. Rev. 632 Everyone needs a home. But exclusionary zoning ordinances in many communities prevent low-income and moderate-income families from securing affordable homes, disproportionately harming people of color. Because these ordinances satisfy the rational basis test, they have been immune from substantive due process attack. This Article provides a... Read More
Nonmarriage: The Double Bind
Courtney G. Joslin 90 Geo. Wash. L. Rev. 371 Nonmarital families constitute a large and growing slice of the population in the United States and around the world. Scholars and policymakers are increasingly grappling with how the law does and should regulate these relationships. Many other countries have responded to this demographic shift by adopting... Read More
United States v. Vaello Madero and the Insulation of the Insular Cases
May 24, 2022 United States v. Vaello-Madero, 142 S. Ct. 1539 (2022) (Kavanaugh, J.) Response by Cori Alonso-Yoder† Geo. Wash. L. Rev. On the Docket (Oct. Term 2021) Slip Opinion | SCOTUSblog United States v. Vaello Madero and the Insulation of the Insular Cases In 2017, sixty-three-year-old Jose Luis Vaello-Madero’s world was rocked by multiple calamities. In... Read More
Toward a Rebalanced Section 301 Authority: Reconsidering the Separation of Powers in International Trade
John Catalfamo 90 Geo. Wash. L. Rev. 536 Recent Supreme Court jurisprudence suggests that courts may play a greater role going forward in striking statutes that provide broad grants of authority to the executive branch as violations of the nondelegation doctrine. In the area of international trade law, the Court of International Trade and Court... Read More
The Facebook Two-Step: Reinvigorating Merger Enforcement Through a Practical Analysis of Intent Evidence
Rose Beattie 90 Geo. Wash. L. Rev. 500 The Clayton Act’s vague mandate contemplates a substantial role for courts to determine which acquisitions may substantially lessen competition or tend to create a monopoly. However, following the General Dynamics ruling in 1975, the Supreme Court has been silent on merger doctrine altogether. This hiatus has allowed... Read More
States as Laboratories for Charitable Compliance: An Empirical Study
Eric Franklin Amarante 90 Geo. Wash. L. Rev. 445 Each year, the Internal Revenue Service (“IRS”) awards 501(c)(3), taxexempt status to thousands of organizations that do not meet the statutory requirements for charities. This is because the IRS, facing increasingly severe budget cuts, adopted a woefully inadequate application process that fails to identify even the... Read More
Pandora’s Loot Box
Sheldon A. Evans 90 Geo. Wash. L. Rev. 376 The emerging trend of loot boxes in video game platforms continues to expand the shifting boundaries between the real and virtual world and presents unique insights into the impact each world should have on the other. Borrowing their design from the gambling industry, loot boxes operate... Read More
Legitimizing Lies
Courtney M. Cox 90 Geo. Wash. L. Rev. 297 Lies are everywhere today. This scourge of misinformation raises difficult questions about how the law can and should respond to falsehoods. Legal discourse has traditionally focused on the law’s choice between penalizing and tolerating lying. But this traditional framing vastly oversimplifies the law’s actual and potential... Read More
Amending the Food, Drug, and Cosmetic Act’s Labeling Requirements for Cosmetics
Jaina Patel · April 2022 90 Geo. Wash. L. Rev. Arguendo 31 The Food, Drug, and Cosmetic Act, enacted in 1938, gives the Food and Drug Administration the power to regulate the cosmetics industry. Congress has enacted numerous laws regarding food, drug, and tobacco products but has not done the same for cosmetic products. It... Read More
Preview of the Late March 2022 Supreme Court Arguments
March 28 Southwest Airlines, Co. v. Saxon 21-309, 7th Cir. Preview by Erica Hackett, Online Editor The issue in Southwest Airlines, Co. v. Saxon is whether airline baggage ramp supervisors are exempt from the Federal Arbitration Agreement (FAA). The FAA requires that courts enforce arbitration agreements, however it exempts “contracts of employment of seamen, railroad... Read More