Preserving the Families of Homeless and Housing-Insecure Parents
H. Elenore Wade 86 Geo. Wash. L. Rev. 869 Every year in the United States, state child welfare agencies receive millions of reports of suspected child neglect. The families involved in these reports are often first subjected to government interference in the legally protected parent-child relationship on the basis of “neglect,” a legal concept that lacks an... Read More
Increasing United States–China Cooperation on Anti-Corruption: Reforming Mutual Legal Assistance
Eleanor Ross 86 Geo. Wash. L. Rev. 839 In 2012, President Xi Jinping announced a new anti-corruption policy for the People’s Republic of China (“China”). This policy included sending Chinese officials to recover economic fugitives who fled to foreign countries that did not have extradition treaties with China. One such country is the United States, which has... Read More
Deliberate Indifference: Why Universities Must Do More to Protect Students from Sexual Assault
A.J. Bolan 86 Geo. Wash. L. Rev. 804 The current construction of Title IX provides no incentive for universities to prevent the sexual harassment of students by their peers. Student victims of peer sexual assault must prove that their university acted in a way that was “deliberately indifferent” to the knowledge of their assault or harassment. This... Read More
Our Unconstitutional Reapportionment Process
Gerard N. Magliocca 86 Geo. Wash. L. Rev. 774 This Essay argues that the process used to reapportion representatives among the states after each census violates Section Two of the Fourteenth Amendment. Section Two provides that the apportionment of representatives must be done based on total population unless a state disenfranchises a sufficient number of people who... Read More
Green Ethics for Judges
Tom Lininger 86 Geo. Wash. L. Rev. 711 As a sequel to Green Ethics for Lawyers, which appeared in the Boston College Law Review in 2016, this Article proposes new ethical rules for judges in order to ensure proper cognizance of environmental risks. The Article considers arguments for and against the promulgation of unique rules for environmental... Read More
Things of Which We Dare Not Speak: An Essay on Wrongful Life
James A. Henderson, Jr. 86 Geo. Wash. L. Rev. 689 American courts currently reject most wrongful life claims—claims that a medical provider’s negligence made it possible for the plaintiff, destined from conception to experience significant genetically derived disability, to be born. Courts give two main reasons for rejecting wrongful life claims. First, because human life is sacred,... Read More
Trump v. Hawaii: Bait and Switch–The Supreme Court’s Travel Ban Decision and Korematsu
July 15, 2018 Trump v. Hawaii, 585 U.S. ___ (2018) (Roberts, C.J.). Response by Anita Sinha Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | CNBC | SCOTUSblog Trump v. Hawaii: Bait and Switch–The Supreme Court’s Travel Ban Decision and Korematsu In the 5–4 Trump v. Hawaii1 decision, the U.S. Supreme... Read More
Lucia v. SEC
July 3, 2018 Lucia v. SEC, 585 U.S. ___ (2018) (Kagan, J.). Response by Richard J. Pierce, Jr. Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | SCOTUSblog Lucia v. SEC The only issue in Lucia v. SEC1 was whether Securities and Exchange Commission (“SEC”) Administrative Law Judges (“ALJs”) are employees or... Read More
Carpenter v. United States: Big Data is Different
July 2, 2018 Carpenter v. United States, 585 U.S. ___ (2018) (Roberts, C.J.). Response by Margot E. Kaminski Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | SCOTUSblog Carpenter v. United States: Big Data Is Different A central truism of U.S. privacy law is that if you share information, you do not... Read More
Why Art Does Not Need Copyright
Amy Adler 86 Geo. Wash. L. Rev. 313 This Article explores the escalating battles between visual art and copyright law in order to upend the most basic assumptions on which copyright protection for visual art is grounded. It is a foundational premise of intellectual property law that copyright is necessary for the “progress” of the arts. This Article demonstrates that this... Read More