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
The Myth of Free
John M. Newman 86 Geo. Wash. L. Rev. 513 Myths matter. This Article is the first to confront a powerful myth that pervades modern economic, technological, and legal discourse: the Myth of Free. The prevailing view is that consumers capture massive welfare surplus from a flood of innovative new products that are offered free of charge. Economists, legal scholars, and industry... Read More
What Happens Behind Bars Should Not Stay Behind Bars: The Case for an Exhaustion Exception to the Prison Litigation Reform Act for Juveniles
Samantha Bennett 86 Geo. Wash. L. Rev. 587 Congress enacted the Prison Litigation Reform Act (“PLRA”) in an effort to reduce the number of frivolous lawsuits brought by prisoners. As a result of some of its provisions, however—in particular, the exhaustion provision—nonfrivolous suits are effectively blocked from reaching the courts, enabling grave injustices to persist in America’s prison facilities without... Read More