Involuntary Work Program: Imposing Liability on Immigration Detention Center Contractors
Molly Muoio · July 2023 91 Geo. Wash. L. Rev. Arguendo 41 Abhorrent conditions and human rights violations in U.S. migrant detention centers have garnered significant public outcry. Articles and activists have decried “kids in cages” and family separations at the southern border. Yet little attention has been paid to a longstanding administrative program that... Read More
Biden v. Nebraska: The President Cannot Cancel Student Loans
The majority held that the President and Secretary of Education lacked authority to cancel student debts. They could have stopped there. They did not.
After the Students for Fair Admissions Cases, Affirmative Action Is Unconstitutional in Both Public and Private Schools
The immediate effect is that affirmative action is now unconstitutional. The ripple effects will unfold over a period of decades.
Plaintiffs and Precedent Win the Day in Norfolk Southern Case
Despite its unexpected path to the high court, Norfolk Southern strengthens plaintiffs’ ability to sue companies in the forum of their choice, and provides a surprise boost to the beleaguered doctrine of stare decisis.
Santos-Zacaria v. Garland: Amid Little Fanfare, the Court Allows Transgender Asylum Seeker to Continue Her Bid for Protection
A legal victory for transgender asylum seeker Estrella Santos-Zacaria.
Sackett v. EPA: The Court Delivers Another Massive Blow to Federal Environmental Law
The current Supreme Court is not a friend of the administrative state.
Multilevel Madness: Regulating Unfair Business Practices in Multilevel Marketing
Jessica Ke 91 Geo. Wash. L. Rev. 537 Multilevel marketing businesses (“MLMs”) sell everything from makeup to protein shakes, from dietary supplements to legal services. During the COVID-19 pandemic, people facing income insecurity who wished to work from home turned to the social-media driven MLM business model in droves. Most MLM participants, however, make little,... Read More
Environmental Justice Considerations in Siting Spent Nuclear Fuel Disposal
Luis Cruz 91 Geo. Wash. L. Rev. 499 There are 80,000 metric tons of uranium stranded at nuclear power plant sites throughout the United States with no clear path to permanent disposal. Although there is a consensus on using a consent-based siting process for the disposal of spent nuclear fuel, no statutory authority exists to... Read More
Pro-Choice Plans
Brendan S. Maher 91 Geo. Wash. L. Rev. 446 After Dobbs v. Jackson Women’s Health Organization, the United States Constitution may no longer protect abortion, but a surprising federal statute does. That statute is called the Employee Retirement Income Security Act of 1974 (“ERISA”), and it has long been one of the most powerful preemptive... Read More
Police Policing Police
Zachary D. Kaufman 91 Geo. Wash. L. Rev. 353 Police killings of George Floyd and at least 2,218 other Black Americans since 2015 amplified a racial reckoning and intensified demands for meaningful, overdue police reform. This Article is the first legal scholarship to argue that Congress and state legislatures across the United States should enact... Read More