Superfluous Judicial Activism: The Takings Gloss
Michael Allan Wolf 91 Geo. Wash. L. Rev. 287 In the summer of 2021, the Supreme Court released opinions in three Takings Clause cases. The Justices did not focus primarily on the dozen words that compose that Clause. Instead, the Court considered the expansive judicial gloss on those words, the extratextual aspects established by takings... Read More
The Center Cannot Hold: Why the NLRB Should Assert Jurisdiction over Division I Collegiate Athletes
Andrew Mendelson 91 Geo. Wash. L. Rev. 255 In 2015, the National Labor Relations Board (“NLRB” or “the Board”) declined to assert jurisdiction over a group of football players at Northwestern University; yet, the following year, the NLRB asserted jurisdiction over a group of student assistants at Columbia University. In the past several years, there... Read More
Incorporating the Social Cost of Greenhouse Gases into the Federal Procurement Lifecycle
Evan Matsuda 91 Geo. Wash. L. Rev. 224 Federal procurement has an important role to play in mitigating and adapting to climate change. The massive scale of the government’s purchasing power—more than $600 billion in Fiscal Year 2022—puts the federal government in a unique position to mitigate anthropogenic climate change by purchasing and creating markets... Read More
The Monetary Executive
Christina Parajon Skinner 91 Geo. Wash. L. Rev. 164 Contemporary presidents possess a significant array of powers to intervene in the economy unilaterally, via executive order or the Treasury Department’s tools. But the Constitution does not vest the Executive Branch with monetary or fiscal power. Rather, the President has accumulated vast monetary power gradually, over... Read More
“Nutrition Facts Labels” for Artificial Intelligence/Machine Learning-Based Medical Devices—The Urgent Need for Labeling Standards
Sara Gerke 91 Geo. Wash. L. Rev. 79 Artificial Intelligence (“AI”), particularly its subset Machine Learning (“ML”), is quickly entering medical practice. The U.S. Food and Drug Administration (“FDA”) has already cleared or approved more than 520 AI/ ML-based medical devices, and many more devices are in the research and development pipeline. AI/ML-based medical devices... Read More
Bibb Balancing: Regulatory Mismatches Under the Dormant Commerce Clause
Michael S. Knoll & Ruth Mason 91 Geo. Wash. L. Rev. 1 Courts and commentators have long understood dormant Commerce Clause doctrine to contain two types of cases: discrimination and undue burdens. This Article argues for a further distinction that divides cases into singlestate burdens, which arise from the application of a single state’s law... Read More
Learning from Leaders: Using Carpenter to Prohibit Law Enforcement Use of Mass Aerial Surveillance
Allie Schiele · March 2023 91 Geo. Wash. L. Rev. Arguendo 14 In 2020, the Baltimore Police Department (“BPD”) resurrected its dragnet aerial surveillance initiative—the Aerial Investigation Research (“AIR”) program. Using a plane outfitted with high-definition cameras, BPD was able to observe the daily movements of hundreds of thousands of Baltimore residents. Sophisticated technology such... Read More
After Justice Ginsburg’s First Decade: Some Thoughts About Her Contributions in the Fields of Procedure and Jurisdiction
Amanda L. Tyler 90 Geo. Wash. L. Rev. 1572 In 2003, Columbia Law School marked Justice Ruth Bader Ginsburg’s first ten years on the Supreme Court with a symposium. There, Harvard Law School Professor David Shapiro offered an assessment of those ten years with a specific focus on her contributions in the fields of procedure... Read More
The Orthodox, and Unorthodox, RBG: Administrative Law and Civil Procedure
Abbe R. Gluck & Anne Joseph O’Connell 90 Geo. Wash. L. Rev. 1532 Justice Ginsburg was not usually a doctrinal revolutionary when it came to the fields of administrative law and civil procedure. Her adherence to precedent and careful attention to the proper division of labor among the branches restrained the Justice when confronted with... Read More
The Discrete Charm of Leveling Down
Aziz Z. Huq 90 Geo. Wash. L. Rev. 1487 Starting from Justice Ginsburg’s 2017 opinion in Sessions v. Morales- Santana, this Article explores the choice between “leveling up” and “leveling down” as a judicial response to an unlawful difference in the legal or regulatory treatment of two distinct groups. That problem can arise in the... Read More