The Psychology of a Favor: Why Hidden Witness Payments Demand a New Brady Rule
Adam M. Gershowitz 94 Geo. Wash. L. Rev. 259 Prosecutors and the police regularly pay informants and other witnesses in criminal cases. These payments can be in the form of rewards, relocation expenses, crime victims funds, and even simple cash. Although witness payments are legal, prosecutors are supposed to disclose them under the Brady doctrine... Read More
Unanimous Supreme Court Deals Yet Another Blow to Noncitizens’ Access to Judicial Review
March 30, 2026 Urias-Orellana v. Bondi, 607 U.S. ____ (2026) (Jackson, J.) Response by Tania Valdez Geo. Wash. L. Rev. On the Docket (Oct. Term 2025) Slip Opinion | SCOTUSblog Unanimous Supreme Court Deals Yet Another Blow to Noncitizens’ Access to Judicial Review On March 4, 2026, the Supreme Court of the United States issued... Read More
Tangled Up in Purple: Online Labor Organizing and the Takings Clause
Aaron Bernstein 94 Geo. Wash. L. Rev. 229 Across the economy, employers’ widespread deployment of digital internal communications platforms—such as Slack, Microsoft Teams, and more—has radically altered the patterns of intraworkplace communication. For employers, these platforms present evolving opportunities for increasing productivity and worker engagement—but only a docile, agreeable kind of engagement. For workers and... Read More
A Right, Not a Request: International Human Rights Law and the Repatriation of Remains from Former Indigenous Boarding Schools in the United States
Gray Kinnier 94 Geo. Wash. L. Rev. 190 Under international law, Indigenous peoples have the right to the return of their human remains. More broadly, multiple international human rights tribunals have recognized the general human right to the return of the remains of a loved one or family member. In the United States, the Native... Read More
Taking Legality Seriously: What the Major Questions Doctrine Is—And Isn’t
Ofra Bloch & Andrea Scoseria Katz 94 Geo. Wash. L. Rev. 121 The Major Questions Doctrine (“MQD”), a controversial recent innovation of the Roberts Court that applies stricter scrutiny to “major” actions taken by federal agencies, has faced criticism for being atextual, unprincipled, and nakedly ideological. But these critiques miss the fact that the doctrine... Read More
Allocating Electricity
Alexandra B. Klass & Dave Owen 94 Geo. Wash. L. Rev. 60 The U.S. electricity system is premised on the ideas that utilities have a duty to serve all customers in their service territories and that electricity supply should always meet demand. Until recently, there has been little reason to question these foundational premises. U.S.... Read More
Deepest Fakes
Mihailis E. Diamantis, Sean Sullivan & Eli Alshanetsky 94 Geo. Wash. L. Rev. 1 Deepfakes are visual and audio media that use artificial intelligence to portray people saying things they never said, doing things they never did, and experiencing events that never happened. Because deepfakes can be both persuasive and pervasive, many commentators fear that... Read More
Ellingburg and Restitution’s Constitutional Reckoning
February 20, 2026 Ellingburg v. United States, 607 U.S. ____ (2025) (Kavanaugh, J.) Response by Lula Hagos Geo. Wash. L. Rev. On the Docket (Oct. Term 2025) Slip Opinion | SCOTUSblog Note: A version of this Response originally appeared on the Sentencing Matters Substack. Ellingburg and Restitution’s Constitutional Reckoning For years, criminal restitution has occupied... Read More
Reflections on Depp v. Heard: A Testament to the Role of the Jury
Benjamin G. Chew 93 Geo. Wash. L. Rev. 1485 This keynote address was delivered on October 25, 2024, at The George Washington University Law School. Mr. Chew discussed the Depp v. Heard trial and advanced two arguments: (1) The American jury system is the best, most democratic way of resolving most disputes involving human relationships,... Read More
Revisiting Suggested Jury Reforms
Akhil Reed Amar 93 Geo. Wash. L. Rev. 1481 These remarks were delivered on October 25, 2024, at The George Washington University Law School. Professor Amar reflected on his article Reinventing Juries: Ten Suggested Reforms, expanding on possible pathways to move toward these reforms. Read the Full Transcript Here.

