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.
Judicial Perspectives on the Jury
The Honorable Penney S. Azcarate, The Honorable Stephanos Bibas, The Honorable Jennifer Walker Elrod, The Honorable Paul L. Friedman & Renée Lettow Lerner 93 Geo. Wash. L. Rev. 1464 This conversation was held on October 25, 2024, at The George Washington University Law School. The discussion included the importance of juries, strengths and weaknesses of... Read More
When, If Ever, Are Unanimous Jury Verdicts Unimpeachable?
James Oldham 93 Geo. Wash. L. Rev. 1457 In his 2014 article Unearthing Mansfield’s Rule: Analyzing the Appropriateness of Federal Rule of Evidence 606(b) in Light of the Common Law Tradition, Andrew Hull takes issue with the Mansfield Rule, which prohibits verdict impeachment by juror testimony, and its modern-day embodiment in Rule 606(b). Hull contends... Read More
Rethinking Juror Impartiality
Anna Offit 93 Geo. Wash. L. Rev. 1386 Jury impartiality in the contemporary court often justifies the perpetuation of exclusionary selection practices that make juries more—not less—biased. This Article calls for a rethinking of this important but flawed concept. Constitutional interpretations and conceptions of “impartiality” frame it as a transient orientation toward particular evidence or... Read More
How to Revive the Jury: One Judge’s Observations
The Honorable Stephanos Bibas 93 Geo. Wash. L. Rev. 1377 Juries and jury trials are an important pillar of American democracy but have increasingly become obsolete, due largely to the professionalization of lawyers and the resulting complexity of litigation. Judges can do much to reverse this trend—for instance, by streamlining pretrial management, limiting discovery, employing... Read More
Employment Discrimination in the U.S. Versus the U.K.: Dismissals Prior to Jury Trials Versus Hearings on the Merits by Employment Tribunals That Include Lay Participation
Suja A. Thomas 93 Geo. Wash. L. Rev. 1327 Years ago, the United Kingdom (“U.K.”) recognized the fact-intense nature of employment cases and developed a system for their adjudication—a mixed tribunal system that uses two laypeople and a judge to decide employment cases. While there have been changes to the jurisdiction of these tribunals, employment... Read More
The Right to a Jury and the Rise of Guilty Pleas Across Common Law Countries
Carissa Byrne Hessick 93 Geo. Wash. L. Rev. 1299 Juries have long been considered a key common law institution, yet their use has become quite uncommon in common law systems over time. Rather than trials by juries, most criminal cases are instead resolved by way of guilty pleas. The prevalence of guilty pleas is not... Read More
