Administrative Law as a Choice of Business Strategy: Comparing the Industries Who Have Routinely Sued Their Regulators with the Industries Who Rarely Have
Nicholas R. Parrillo 93 Geo. Wash. L. Rev. 1031 For some large and powerful industries, it has long been normal and even routine for businesses to sue their federal regulator. For other large and powerful industries, it has been rare for the last twenty-five to forty years or more. This variation is enormous yet almost... Read More
Presidential Brokering in the Regulatory State
Jennifer Nou 93 Geo. Wash. L. Rev. 971 Presidents seeking to make regulatory policy face formidable hurdles—most recently, heightened litigation risk, reduced judicial deference, and political polarization. In response, they have increasingly relied upon the Executive Office of the President (“EOP”) to manage these challenges. This Foreword spotlights the practice of presidential brokering, a structured... Read More
The Historical Boundaries of Corporate Political Rights
Jack Raineri 93 Geo. Wash. L. Rev. Arguendo 118 In 2010, the Supreme Court decided Citizens United v. FEC and in so doing unleashed a flood of corporate dollars into the United States electoral system. This Note argues first that the consequences of Citizens United have been disastrous and that the Court should overrule the... Read More
Previews for the 2025 October Term of the Supreme Court – October Sitting
As the 2025 Supreme Court Term begins, the Justices face a number of critically important cases, from criminal law to election procedure and beyond. This post previews key cases that will be argued in the October Sitting and later in the Term. Stay tuned for additional case Previews and Responses as the Term progresses. Berk... Read More
Paying to Pay: Poverty Penalties for the Collection of Criminal Justice Debt
Jordan Morris 93 Geo. Wash. L. Rev. Arguendo 87 The 1983 Supreme Court case Bearden v. Georgia held unconstitutional the practice of jailing defendants for nonpayment of court-mandated legal debt without first determining that the nonpayment was willful. For those buried under criminal justice debt and unable to pay, the holding in Bearden functions as... Read More
Supplication and Separation: The Establishment Clause After Kennedy
Christian B. Edmonds 94 Geo. Wash. L. Rev. Arguendo 21 The Supreme Court’s decision in Kennedy v. Bremerton School District restored a historical understanding of the Establishment Clause, explaining that a private act of religious expression did not transform into government speech simply because it occurred in public. Although the Court emphasized the role of... Read More
Leave and Don’t Come Back: Reducing Juvenile Recidivism Through Employment
Delaney Gatine 93 Geo. Wash. L. Rev. Arguendo 59 When they are released from detention centers, two-thirds of juvenile offenders choose not to re-enroll in school. Many children in this position return to socioeconomically disadvantaged, high-crime areas where school may be seen as nonessential. Although educational programming in juvenile detention centers may allow offenders to... Read More
“I Just Didn’t Want It to Be Me”: The Social Entrapment Framework in Self-Defense Claims of Criminalized Survivors
Kelly Hennessy 93 Geo. Wash. L. Rev. 934 Intimate partner violence affects over ten million people across the United States each year. The primary societal response to this violence has been the criminal legal system, which has had the unintended consequence of creating a subset of accused persons, referred to in this Note as criminalized... Read More
Solving a Patent Infringement Loophole for Objects in Outer Space: A Novel Interpretation of 35 U.S.C. § 105
Brian Smallshaw 93 Geo. Wash. L. Rev. 910 Amid a developing space technology industry, Congress passed 35 U.S.C. § 105 in 1990 to protect inventions in outer space from patent infringement. The Act clarified when an object in space should be considered made, used, or sold within the United States, but provided an exception for... Read More
Criminal Investors
Andrew K. Jennings 93 Geo. Wash. L. Rev. 851 This Article reassesses the culpability of those who invest in law-breaking firms. Prosecutors currently treat investors as victims of corporate wrongdoing rather than as actors who might bear responsibility for it. This Article observes, though, that investment can facilitate, and even cause, illicit corporate activity. When... Read More