Emma M. Bjeldanes 94 Geo. Wash. L. Rev. 451 The current approach used by district and circuit courts to test personal jurisdiction in internet data extraction cases has made it increasingly difficult—and sometimes impossible—for plaintiffs to sue companies that collect and exploit their personal data without their knowledge. Lower courts’ interpretations of the Supreme Court’s... Read More

J. Jonas Anderson 94 Geo. Wash. L. Rev. 392 Third-party litigation funding (“TPLF”) is having a moment. The TPLF industry is exploding, with upwards of seventeen billion dollars flowing into the industry; the Supreme Court recently asked litigants how many of the Court’s cases are third-party funded; and Congress is considering numerous bills on TPLF... Read More

Keith Cunningham-Parmeter 94 Geo. Wash. L. Rev. 322 Most colleges require applicants to disclose their criminal histories. Sweeping in scope, these admissions questions extend beyond violent crimes to include minor offenses such as shoplifting and marijuana possession. Given that students of color are arrested and punished at disproportionately high rates, colleges that require such disclosures... Read More

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

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

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

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

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

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