Probable Cause with Teeth
Cynthia Lee 88 Geo. Wash. L. Rev. 269 Recent incidents involving African Americans arrested by police for engaging in activities that would rarely lead to police intervention if engaged in by white individuals highlight the need for clarity regarding how much certainty of guilt is required before an officer can arrest an individual. The United... Read More
“Permanently Incorrigible” Is a Patently Ineffective Standard: Reforming the Administration of Juvenile Life Without Parole
Casey Matsumoto 88 Geo. Wash. L. Rev. 239 Juvenile life without parole (“JLWOP”) is the most severe criminal penalty for juveniles tolerated by the Eighth Amendment’s prohibition against cruel and unusual punishment and is imposed only on those juvenile defendants convicted of homicide crimes. In Miller v. Alabama, the Supreme Court struck down mandatory JLWOP... Read More
The Privacy Revolution Begins: Did Carpenter Just Give Bitcoin Users a Chance to Strike Down the Bank Secrecy Act?
Christopher Lloyd 88 Geo. Wash. L. Rev. 204 The 21st century has seen tremendous advances in financial technology, many of which the American legal system is just beginning to understand. One technological development, the cryptocurrency known as “Bitcoin,” holds the potential to both democratize access to capital and facilitate transactions without the need for a... Read More
Defensive Glass Ceilings
Anthony Michael Kreis 88 Geo. Wash. L. Rev. 147 The #MeToo movement is a grassroots effort mobilized by survivors of sexual assault and harassment to end sexual violence and sex-based discrimination against women. Though in its infancy, the movement has catalyzed significant legal and cultural reform by revealing credible accusations of sexual misconduct and tarnishing... Read More
Penalizing Presence
Andrew Tae-Hyun Kim 88 Geo. Wash. L. Rev. 76 “Illegals.” “Rapists.” “Criminals.” “Aliens.” “Animals.” These labels have defined what it means to be an undocumented immigrant in the United States today. Undocumented status as stigma is an overdetermining identity trait that overwrites other identity dimensions and has become entrenched in both legal and cultural norms.... Read More
The Emerging Principles of Fourth Amendment Privacy
Matthew Tokson 88 Geo. Wash. L. Rev. 1 The Fourth Amendment applies when the government violates a citizen’s “reasonable expectation of privacy.” But the Supreme Court has never explained what makes an expectation of privacy reasonable, and scholars regularly complain that this standard is incomprehensible and unworkable. Yet the reasonable expectation of privacy standard may... Read More
Fine-Tuning: Why Extending the Public Performance Right in Sound Recordings Would Require Changes for the Copyright Royalty Board
Samuel E. Meredith 87 Geo. Wash. L. Rev. 1518 Imagine yourself getting into your car and tuning in to a local radio station so you can listen to Cardi B’s latest track while you drive to work. Now imagine yourself doing the same thing, only this time you choose to listen to satellite radio. From... Read More
What Is an ICO? Defining a Security on the Blockchain
Seth Holoweiko 87 Geo. Wash. L. Rev. 1472 2017 brought the rise of the initial coin offering (“ICO”), a novel fundraising concept that enables organizations to raise funds from anyone with an internet connection and a cryptocurrency wallet by selling tokens that will have some future purpose related to the companies’ products or services. But... Read More
Codifying the Agency Class Action
James Hannaway 87 Geo. Wash. L. Rev. 1451 Through devices like class actions and other consolidation procedures, agencies have developed several tools to manage large numbers of cases involving similar claims. While this effort to create more effective agency class actions is in its nascent stages, some form of codification is appropriate to strike a... Read More
Early Customs Laws and Delegation
Jennifer Mascott 87 Geo. Wash. L. Rev. 1388 This past Term the Supreme Court reexamined the nondelegation doctrine, with several justices concluding that in the proper case, the Court should consider significantly strengthening the doctrine in its contemporary form. Adherents to the doctrine question whether Congress has developed a practice of improperly delegating to administrative... Read More