Interfering with the Watchman: OLC Disruption of the Statutory Whistleblower Process
Christine L. Coogle 88 Geo. Wash. L. Rev. 1221 In September 2019, the Department of Justice Office of Legal Counsel (“OLC”) issued an opinion concluding that the Director of National Intelligence had the authority to withhold from Congress an intelligence-community whistleblower complaint that alleged an abuse of power by the President and misconduct on the... Read More
Supporting the Agency “Designed to Do Nothing”: Creating a Regulatory Safety Net for the FEC
Arnab Datta 88 Geo. Wash. L. Rev. 1259 To say the Federal Election Commission (“FEC”) is in crisis would be a remarkable understatement. The agency created to limit corruption and enforce campaign finance compliance lacks a quorum and is unable to investigate or prosecute campaign finance violations. Amidst what is likely to be the most... Read More
What’s the Buzz about Standing?
Justin W. Aimonetti & Christian Talley · September 2020 88 Geo. Wash. L. Rev. Arguendo 175 Is the receipt of a single unsolicited, automated text message, sent in violation of a federal statute, a concrete injury in fact that establishes standing to sue in federal court? Judges nationwide have split over that deceptively simple question.... Read More
Unmasking Demeanor
Professor Julia Simon-Kerr · September 2020 88 Geo. Wash. L. Rev. Arguendo 158 Demeanor is seen as a critical tool for assessing credibility in U.S. courtrooms. From the Confrontation Clause to the Immigration and Nationality Act to the Federal Rules of Civil Procedure to the common law of credibility, the U.S. legal system gives preference... Read More
Eckhardt v. Des Moines: The Apex of Student Rights
Sean M. Sherman · August 2020 88 Geo. Wash. L. Rev. Arguendo 115 Fifty-five years ago, Christopher Eckhardt embarked on a journey that would leave an indelible mark on society as a plaintiff in the 1969 landmark student speech case, Tinker et al. v. Des Moines Independent Community School District. Since then, the Tinker family... Read More
McGirt v. Oklahoma: A Victory for Native Women
As Native women, we know the fight for the borders of our Tribal Nations is inextricably linked to the fight to preserve our lives.
Little Sisters of the Poor v. Pennsylvania: The Misuse of Complicity
When is an entity complicit in acts that it deems sinful but are performed, or potentially performed, by others?
#TimesUp For Confidential Employment Arbitration of Sexual Harassment Claims
Meagan Glynn 88 Geo. Wash. L. Rev. 1042 It is the unfortunate reality that sexual harassment is still a common occurrence in the American workplace. Thanks to the #MeToo and #TimesUp movements, this problem has moved to the forefront of public discourse. In an effort to eradicate this behavior, academics and legal practitioners have identified... Read More
Congratulations, You’re Having Twins! But Only One is a U.S. Citizen: How Constitutional Avoidance Should Be Used to Avoid Discrimination Against Same-Sex Couples Through the Denial of Birthright Citizenship
Macy Mize 88 Geo. Wash. L. Rev. 1014 Assisted Reproductive Technology has become a widely used way to start a family around the world, specifically for same-sex couples. With it have also come emerging legal problems regarding parentage and birthright citizenship. Currently, for a child born abroad to be granted birthright citizenship in the United... Read More
Consumer Expectations and Consumer Protection
Shayak Sarkar 88 Geo. Wash. L. Rev. 949 Regulators go to considerable lengths to shape specific product choices—the homes we buy, which college we attend, how we save for retirement. Yet the primary governmental mechanism shaping consumer choice may be our general expectations—our reasons for purchasing a home or higher education at all. This is... Read More