Gender Diversity, Diversity Fatigue, and Shifting the Focus
Douglas M. Branson 87 Geo. Wash. L. Rev. 1061 The women’s movement has been with us for approximately 50 years. Women are airline pilots, police officers, engineers, fire fighters, physicians, and veterinarians. By contrast, the progress to corporate senior executive positions has been paltry, in fits and starts, at best in baby steps. Ascendant males... Read More
On the Docket’s Preview of the January Supreme Court Arguments
January 13 Lucky Brand Dungarees v. Marcel Fashion Group No. 18-1086, 2d Cir. Preview by Michael Fischer, Online Editor Lucky Brand Dungarees and Marcel Fashion group are two competitors within the apparel industry who each own various trademarks using the term “Lucky.” In 2001, Marcel sued Lucky Brand alleging that it violated its “Get Lucky”... Read More
On the Docket’s Preview of the December Supreme Court Arguments
December 2 New York State Rifle and Pistol Association Inc. v. City of New York, New York No. 18-280, 2d Cir. Preview by Michael Fischer, Online Editor In the State of New York, an individual may not possess a firearm without a license. In order to keep a handgun in one’s home, New York citizens... Read More
Exposure as Distortion: Deciphering “Substantial Injury” for FTC Data Security Actions
Maxwell E. Loos · November 2019 87 Geo. Wash. L. Rev. Arguendo 42 If the Equifax breach of 2017 demonstrated anything, it is that consumers in the digital age are mostly powerless to protect their sensitive data from hackers and identity thieves—when companies continue to collect massive amounts of sensitive consumer data while failing to invest... Read More
On the Docket’s Preview of the November Supreme Court Arguments
November 4 Barton v. Barr No. 18-725, 11th Cir. Preview by Nicholas Drews Andre Barton, a citizen of Jamaica, was admitted to the United States in May 1989 and became a lawful permanent resident in 1992. Barton was arrested in January 1996 and convicted of aggravated assault, criminal damage to property, and possession of a... Read More
On the Docket’s Preview of the October Supreme Court Arguments
October 7 Kahler v. Kansas No. 18-6135, Kan. Preview by Michael Fischer, Online Editor In response to several high-profile cases wherein defendants were found not guilty by reason of insanity, the State of Kansas passed legislation in 1995 which effectively abolished the insanity defense for criminal defendants. Thirteen years later, Kraig Kahler was experiencing numerous... Read More
Dangers of the Digital Stockade: Modernizing Constitutional Protection for Individuals Subjected to State-Imposed Reputational Harm on Social Media
Kelsey Stein 87 Geo. Wash. L. Rev. 996 The explosion of social media has altered the dissemination of information about the criminal justice system, as well as public conversations about individuals accused of crimes. Law enforcement agencies, seeking to supplant traditional news media, have expanded their social media presence from issuing basic public information to... Read More
OBAMACARS: Applying an Insurance Mandate to Manufacturers of Fully Autonomous Vehicles
Eric Cheng 87 Geo. Wash. L. Rev. 973 Automobile accidents in the United States account for thousands of deaths and millions of dollars in personal injury and property damage claims every year. Because human error is the overwhelming cause of these accidents, the development of autonomous or self-driving vehicles is a valuable and inevitable contribution... Read More
“Major Questions” Moderation
Joshua S. Sellers 87 Geo. Wash. L. Rev. 930 The Chevron doctrine instructs federal courts to afford deference to reasonable agency interpretations of ambiguous authorizing statutes. Yet in select instances, courts have deviated from Chevron’s command. One of the more confounding deviations is found in cases involving “major questions.” Under this burgeoning doctrine, courts have... Read More
Supermajoritarian Criminal Justice
Aliza Plener Cover 87 Geo. Wash. L. Rev. 875 Democracy is often equated with majority rule. But closer analysis reveals that, in theory and by constitutional design, our criminal justice system should be supermajoritarian, not majoritarian. The Constitution guarantees that criminal punishment may be imposed only when backed by the supermajoritarian—historically, unanimous—approval of a jury... Read More