The Costs of Dissent: Protest and Civil Liabilities
Timothy Zick 89 Geo. Wash. L. Rev. 233 This Article examines the civil costs and liabilities that apply to individuals who organize, participate in, and support protest activities. Costs ranging from permit fees to punitive damages significantly affect First Amendment speech, assembly, and petition rights. A variety of common law and statutory civil claims also... Read More
Preview of the Late March 2021 Supreme Court Arguments
Previews of Cedar Point Nursery v. Hassid, U.S. v. Cooley, Caniglia v. Strom, Goldman Sachs Grp, Inc. v. Ark. Teacher Ret. Sys., TransUnion LLC v. Ramirez, and Nat’l Collegiate Athletic Ass’n v. Alston.
Click at Your Own Risk: Free Speech for Public Employees in the Social Media Age
Madyson Hopkins · March 2021 89 Geo. Wash. L. Rev. Arguendo 1 An individual’s right to exercise free speech is one of the most fundamental rights guaranteed by the Constitution. However, individuals who work for the government do not receive the same protections over their speech as private citizens. Their speech is protected to a... Read More
Uzuegbunam v. Preczewski: Nominal Standing and the Lone Dissenter
Long ago, the Supreme Court invalidated presumed general damages to compensate for the inherent value of the constitutional rights. Could the Uzuegbunam decision signal deeper respect for dignitary harms?
Carney v. Adams: Standing on Unaffiliated Voters’ Rights
The Court’s decision here tramples over the rights of unaffiliated and third-party voters.
Preview of the February/March 2021 Supreme Court Arguments
February 22 Florida v. Georgia No. 142, Original Preview by Austin Martin, Senior Online Editor This case concerns a decades-long dispute over rights to the waters flowing from Georgia into Florida’s Apalachicola Bay. The states previously reached the Supreme Court in 2018 when Florida claimed that its portion of the Apalachicola-Chattahoochee-Flint River Basin (“ACF Basin”)... Read More
I Presume We’re (Commercially) Speaking Privately: Clarifying the Court’s Approach to the First Amendment Implications of Data Privacy Regulations
Geoffrey Comber 89 Geo. Wash. L. Rev. 202 One of the distinguishing features of the information age we live in is the vast troves of information collected and compiled about us each day—particularly online. As we become more aware of just how much personal information is online, and as some of the biggest collectors of... Read More
Drugs and Racketeering Don’t Mix: The Potential Achilles’ Heel of the National Prescription Opiate Litigation
Shane Roberts 89 Geo. Wash. L. Rev. 173 In 1970, Congress created a powerful litigation weapon to combat organized crime: the Racketeer Influenced and Corrupt Organizations Act (“RICO”). The government originally used this statute successfully to prosecute notorious organized crime groups like La Cosa Nostra. In addition to its criminal sanctions, RICO also contains a... Read More
FedAccounts: Digital Dollars
John Crawford, Lev Menand & Morgan Ricks 89 Geo. Wash. L. Rev. 113 We are entering a new monetary era. Central banks around the world—spurred by the development of privately controlled digital currencies as well as competition from other central banks—have been studying, building, and, in some cases, issuing central bank digital currency (“CBDC”). Although... Read More
Junk Science at Sentencing
Maneka Sinha 89 Geo. Wash. L. Rev. 52 Junk science used in criminal trials has contributed to hundreds of wrongful convictions. But the problem is much worse than that. Junk science does not only harm criminal defendants who go to trial, but also the overwhelming majority of defendants—over ninety-five percent—who plead guilty, skip trial, and... Read More