Standing on Shaky Ground: How Circuit Courts Reconcile Legal Rights and Injuries in Fact After Spokeo v. Robins
James Hannaway 87 Geo. Wash. L. Rev. 706 In Spokeo v. Robins, the Supreme Court attempted to resolve a tension that has existed since the birth of modern Article III standing. On one hand, Congress has always been able to create legal rights, the invasion of which creates standing to sue. On the other hand,... Read More
Regulatory Sandboxes
Hilary J. Allen 87 Geo. Wash. L. Rev. 579 “Fintech” has become an increasingly important part of the financial landscape over the last decade, but financial regulation remains a barrier to entry for many fintech innovations. In a highly anticipated report, the U.S. Treasury Department recently recommended the adoption of a “regulatory sandbox” intended to... Read More
The Jurisprudence of Justice Samuel Alito
Steven G. Calabresi & Todd W. Shaw 87 Geo. Wash. L. Rev. 507 Justice Samuel Alito has sat on the judicial bench for nearly 30 years and has authored more than 250 Supreme Court opinions, nearly 40% of those for a majority of the Court.1 But his jurisprudence has yet to be systematically described. Although... Read More
Interrogating Police Officers
Stephen Rushin & Atticus DeProspo 87 Geo. Wash. L. Rev. 646 This Article empirically evaluates the procedural protections given to police officers facing disciplinary interrogations about alleged misconduct. It demonstrates that state laws and collective bargaining agreements have insulated many police officers from the most successful interrogation techniques. The first part of this Article builds... Read More
Herrera v. Wyoming: A New Trend for Indian Law?
June 11, 2019 Herrera v. Wyoming, 587 U.S. ___ (2019) (Sotomayor, J.). Response by Monte Mills Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog Herrera v. Wyoming: A New Trend for Indian Law? On May 20, 2019, the United States Supreme Court, by a 5–4 decision in Herrera v. Wyoming,... Read More
When Is a Defendant Not a Defendant? Home Depot U.S.A, Inc. v. Jackson
June 11, 2019 Home Depot U.S.A., Inc. v. Jackson, 587 U.S. ___ (2019) (Thomas, J.). Response by Alan B. Morrison Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog When Is a Defendant Not a Defendant? Home Depot U.S.A., Inc. v. Jackson Some cases, like the travel ban or the census... Read More
Franchise Tax Board v. Hyatt: An Unnecessary Overruling
May 21, 2019 Franchise Tax Board v. Hyatt, 587 U.S. ___ (2019) (Thomas, J.). Response by Alan B. Morrison Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog Franchise Tax Board v. Hyatt: An Unnecessary Overruling In Franchise Tax Board of California v. Hyatt1, the Court, by a vote of 5–4,... Read More
Is Transmission of Electricity a “Governmental Function?” Thacker v. Tennessee Valley Authority
May 10, 2019 Thacker v. Tennessee Valley Authority, 587 U.S. ___ (2019) (Kagan, J.). Response by Richard J. Pierce, Jr. Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog Is Transmission of Electricity a “Governmental Function?” Thacker v. Tennessee Valley Authority The Court concludes its unanimous opinion in Thacker v. Tennessee... Read More
Is the Court Encouraging Agencies to Rely on Junk Science? Biestek v. Berryhill
April 23, 2019 Biestek v. Berryhill, 587 U.S. ___ (2019) (Kagan, J.). Response by Richard J. Pierce, Jr. Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog Is the Court Encouraging Agencies to Rely on Junk Science? Biestek v. Berryhill It would be easy to interpret the six-Justice majority opinion in... Read More
Bucklew v. Precythe: The Supreme Court’s Tortured Death Penalty Jurisprudence
April 17, 2019 Bucklew v. Precythe, 587 U.S. ___ (2019) (Gorsuch, J.). Response by John D. Bessler Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog Bucklew v. Precythe: The Supreme Court’s Tortured Death Penalty Jurisprudence In Bucklew v. Precythe,1 the U.S. Supreme Court rejected a death row inmate’s as-applied challenge... Read More