U.S. Forest Service v. Cowpasture River Preservation Association: A Limited—and Perhaps Hollow—Victory for a Pipeline
The Supreme Court took up a brainteaser of statutory construction involving the jurisdictional boundaries between the U.S. Forest Service and the National Park Service.
Sloshing Through the Factbound Morass of Reasonableness: Predictive Algorithms, Racialized Policing, and Fourth Amendment Use of Force
Namrata Kakade 88 Geo. Wash. L. Rev. 788 The Supreme Court developed the Fourth Amendment doctrine of reasonableness during a time before big data technology had lent itself to powerful algorithms that police could use to predict the likelihood of criminal activity. Now, police are able to use presumably “objective” algorithms that assign individuals dangerousness... Read More
The Dark Horse of the Endangered Species Act: How Section 7(a)(1) Can Be Used to Mitigate Climate Change
Meredith Hou 88 Geo. Wash. L. Rev. 753 The Endangered Species Act (“ESA”) has been a powerful tool for conserving both national and global biodiversity. As human society continues to evolve, however, so too does its impact on endangered species. Most troublesome is mankind’s contribution to climate change since the Industrial Revolution. As extreme weather... Read More
Chevron Debates and the Constitutional Transformation of Administrative Law
Craig Green 88 Geo. Wash. L. Rev. 654 Chevron v. NRDC is under attack. Chevron deference to agencies’ statutory interpretation is a pillar of modern government that judges and bureaucrats have used almost every day for thirty years. Until recently, most observers dismissed efforts to overrule Chevron as impossible or absurd, yet one of Justice... Read More
High-Tech International Law
Ashley Deeks 88 Geo. Wash. L. Rev. 574 Data-driven algorithmic tools allow their users to process large amounts of data quickly, extract patterns from the data that humans cannot otherwise detect, and make reliable predictions. These tools have proven valuable in domestic legal practice, negotiations, and other fields closely related to international law. Yet governments... Read More
Reproductive Due Process
Meghan Boone 88 Geo. Wash. L. Rev. 511 This Article engages in a thought experiment. It assumes that the Supreme Court has correctly identified the constitutional scope of the substantive right to abortion by balancing a pregnant person’s right to liberty with the state’s interest in potential life. Following on this assumption, it asks the... Read More
Profiting on Your Pulse: Modernizing HIPAA to Regulate Companies’ Use of Patient-Consumer Health Information
Anna Mizzi 88 Geo. Wash. L. Rev. 481 Technology knows the most intimate details of our lives: our exercise and eating habits, our ability to conceive children, even how often we dream or have sex. Companies like the fitness wearable giant FitBit, the meditation and anxiety support app Headspace, and the widely used period and... Read More
My Brother’s Keeper: A Framework for a Legal Obligation to Respect Human Rights in Global Supply Chains
Dylan Hays 88 Geo. Wash. L. Rev. 454 Recent decades of globalization have brought enormous prosperity but also boundless potential for human rights abuses. With the fragmentation of supply chains into different stages, dispersed around the globe, consumers and businesses often have little idea of the social costs embedded in the products they purchase and... Read More
Criminal (Dis)Appearance
Pamela R. Metzger Janet C. Hoeffel 88 Geo. Wash. L. Rev. 392 Across the United States, thousands of newly arrested people disappear. They languish behind bars for days, weeks, or even months without ever seeing a judge or an attorney. Yet, the Supreme Court requires more constitutional process for the seizure “of a refrigerator, the... Read More
Executive Private Misconduct
Tom C.W. Lin 88 Geo. Wash. L. Rev. 327 Executives misbehave. In recent years, the world has been outraged and appalled by the shocking misbehavior of corporate executives. Some of their behavior have been plainly unethical; others have been deeply offensive; and still others have been simply criminal. Regardless of the misbehavior, such executive private... Read More