Algorithms Acting Badly: A Solution from Corporate Law
Mihailis E. Diamantis 89 Geo. Wash. L. Rev. 801 Sometimes algorithms work against us. They offer many social benefits, but when they discriminate in lending, manipulate stock markets, or violate expectations of privacy, they can injure us on a massive scale. Only one-third of technologists predict that artificial intelligence will be a net positive for... Read More
NCAA v. Alston: Unanswered Questions About the Future of College Sports—and the Antitrust Rule of Reason
Important questions remain after the Supreme Court's Decision in NCAA v. Alston.
One “Vulgar” Cheerleader Vindicated—But Other Students May Still Face Discipline for Off-Campus Speech
July 8, 2021 Mahanoy Area School District v. B.L., 594 U.S. __ (2021) (Breyer, J.) Response by Catherine J. Ross Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog One “Vulgar” Cheerleader Vindicated—But Other Students May Still Face Discipline for Off-Campus Speech (An earlier version of this article appears at... Read More
A Structural Solution to Mitigating Artificial Intelligence Bias in Administrative Agencies
Professor Aram A. Gavoor & Raffi Teperdjian · July 2021 89 Geo. Wash. L. Rev. Arguendo 71 The rise of artificial intelligence (“AI”) from nascent theoretical science to an advancing juggernaut of industry with national security implications has begun to permeate U.S. federal administrative agencies. For all the potential benefits AI brings, misapplied or underregulated... Read More
Unconstitutional Appointment of Patent Death Squad
June 29, 2021 United States v. Arthrex Inc., 594 U.S. __ (2021) (Roberts, C.J.) Response by Jasper L. Tran Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Unconstitutional Appointment of Patent Death Squad Can legal scholarship change the law?1 Apparently so—a recent exemplar appears in United States v. Arthrex,... Read More
Two Surprises in Fulton v. City of Philadelphia – A Unanimous Outcome and the Enduring Quality of Free Exercise Principles
June 21, 2021 Fulton v. City of Philadelphia, Pennsylvania, 593 U.S. ____ (2021) (Roberts, C.J.) Response by Ira C. Lupu & Robert W. Tuttle Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Two Surprises in Fulton v. City of Philadelphia – A Unanimous Outcome and the Enduring Quality of... Read More
AMG Capital Management, LLC v. FTC—It’s Unanimous: Injunction Means Injunction (and Nothing More)
May 26, 2021 AMG Capital Management, LLC v. FTC, 593 U.S. ____ (2021) (Breyer, J.) Response by Caprice Roberts & David Levintow Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog AMG Capital Management, LLC v. FTC—It’s Unanimous: Injunction Means Injunction (and Nothing More) The Supreme Court’s unanimous pronouncement that... Read More
A Gatekeeper Approach to Product Liability for Amazon
Austin Martin 89 Geo. Wash. L. Rev. 768 Amazon has revolutionized consumer shopping by providing a marketplace platform that connects consumers to third-party producers selling millions of products. Amazon reaps tremendous financial benefits from the sale of third-party products over its platform but incurs very little responsibility when defective third-party products harm consumers. In recent... Read More
Reasonable Doubt: In Law the Highest Burden—In Fact Barely a Burden
Nicholas Contarino 89 Geo. Wash. L. Rev. 738 For hundreds of years, the legal field has disagreed about whether to define the criminal burden of proof “beyond a reasonable doubt,” and if so, how best to define it. As a result, courts have traditionally left the phrase undefined— an approach endorsed by the Supreme Court.... Read More
Risky Education
Osamudia James 89 Geo. Wash. L. Rev. 667 Inequality in American education is not only about race and class. Rather, it is also about risk: the systematic way in which parents and caregivers deal with the hazards and insecurities induced and introduced by the state’s abdication of responsibility for public education, particularly against a backdrop... Read More