Losing Better: A Look at West Virginia v. B.P.J.
September 10, 2026 West Virginia v. B.P.J., 609 U.S. ____ (2026) (Kavanaugh, J.) Response by Naomi Schoenbaum Geo. Wash. L. Rev. On the Docket (Oct. Term 2025) Slip Opinion | SCOTUSblog Losing Better: A Look at West Virginia v. B.P.J. Naomi Schoenbaum* On the last day of the 2025–26 term, the Supreme Court issued its decision in West... Read More
Trump v. Slaughter and the Foreseeability of Disruptive Policy Events
September 3, 2026 Trump v. Slaughter, 609 U.S. ____ (2026) (Roberts, J.) Response by William E. Kovacic Geo. Wash. L. Rev. On the Docket (Oct. Term 2025) Slip Opinion | SCOTUSblog Trump v. Slaughter and the Foreseeability of Disruptive Policy Events In Trump v. Slaughter, the Supreme Court upheld President Donald Trump’s decision to dismiss Commissioner Rebecca Kelly... Read More
Holding Law Enforcement Accountable: § 1983 and the Practice of Special Deputation
Alexis Vocatura 94 Geo. Wash. L. Rev. 987 For many years, federal agencies have deputized state and local law enforcement to serve on federal task forces in limited capacities. This Note addresses a loophole created by the unique legal status of specially deputized officers, whereby they have been able to escape civil liability for breaking... Read More
Digital Curtilage and the Reasonable Expectation of Privacy
Brian Zilberberg 94 Geo. Wash. L. Rev. 958 Although the development of modern technology has impacted and enhanced the lives of average consumers, it has also presented numerous unexpected legal challenges and considerations. These new challenges have made it difficult for many antiquated laws to adequately address the modern legal problems that have emerged with... Read More
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act and Textualism
David Horton 94 Geo. Wash. L. Rev. 900 The Federal Arbitration Act’s (“FAA”) impact on workplaces is immeasurable. Congress passed the FAA a century ago to help merchants resolve disputes. Yet in the 2000s, the Supreme Court ignored its legislative history and exploited its skeletal text to extend it into employment settings. Now, approximately sixty... Read More
Health Sharenting and a Child’s Right to Privacy
Allison M. Whelan 94 Geo. Wash. L. Rev. 826 The internet and social media represent a ubiquitous part of the American experience today. From birth, if not before, children are exposed to and influenced by social media. Parents turn to social media for parenting advice or to share stories about the parenting experience—fertility struggles, pregnancy,... Read More
Education, Orthodoxy, and the First Amendment
Derek W. Black 94 Geo. Wash. L. Rev. 763 Scholars, judges, and legislators have failed to recognize the broader implications of attacks on public education. Once conceived as the means to sustain American democracy, public schools are now entwined with the forces tearing it down. This Article is the !rst to analyze those forces and... Read More
John Roberts: Overruler in Chief
August 19, 2026 John Roberts: Overruler in Chief Alan B. Morrison* Chief Justice John Roberts is known as a conservative justice, but conservatives are thought to maintain the status quo, not overturn it. Yet since the Chief Justice joined the Court in 2005, he and his colleagues have overturned the law in at least ten... Read More
From Organic to Humane: Expanding the National Organic Program to Curb Misleading Labeling
Colton McRae 94 Geo. Wash. L. Rev. 732 In recent years, retail consumers have become increasingly aware of the practices employed by factory farms in the production of meat, eggs, and other animal-derived food products. Although some consumers choose to abstain entirely from foods derived from animals, many others instead seek out products they perceive... Read More
Between Comity and Accountability: Prosecuting Foreign Sovereigns After Halkbank
Sophie Young 94 Geo. Wash. L. Rev. 699 Immunity from a court’s jurisdiction is an enticing prospect when facing criminal prosecution. Sovereign immunity generally protects foreign nations from the jurisdiction of courts of another sovereign state. State-owned enterprises have sought that same protection from the exaction of a criminal conviction abroad. A 2023 Supreme Court... Read More


