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
A Dangerous Custom: Reining in the Use of Signature Strikes Outside Recognized Conflicts
Amy Byrne 86 Geo. Wash. L. Rev. 620 It is well known that the U.S. Government has actively used drone strikes to target enemies abroad for years. The struggle between the powers of the President to provide security to our nation and the external restrictions imposed on those powers, however, is lesser known. For example, the Constitution grants Congress alone the... Read More
Bifurcating Settlements
Michael Abramowicz & Sarah Abramowicz 86 Geo. Wash. L. Rev. 376 In settling a lawsuit, parties agree on their obligations to one another, but they need not separately address each issue, claim, or remedy that a trial court would have confronted. The legal system, however, can bifurcate the settlement process, requiring separate resolution of components of a settlement. Bifurcation can protect... Read More
Tiered Constitutional Design
Rosalind Dixon & David Landau 86 Geo. Wash. L. Rev. 438 Scholarship has posited two models of constitutionalism. One is short, abstract, and rigid, like the United States Constitution. The other is lengthy, detailed, and flexible, like the constitutions found in many U.S. states and in many other countries around the world. This Article argues that there is a descriptively common... Read More
“Some Kind of Notice” Is No Kind of Standard: The Need for Judicial Intervention and Clarity in Due Process Protections for Public School Students
Elizabeth J. Upton 86 Geo. Wash. L. Rev. 655 Public backlash over zero tolerance policies that funnel public school students to jail through the “school to prison pipeline” has unveiled the systemic issues associated with discriminatory application and the detrimental effects of exclusionary discipline. What remains unaddressed and largely ignored is the lack of procedural safeguards afforded to students who face... Read More
South Dakota v. Wayfair, Inc.: Will It End a Seemingly Endless Debate?
June 27, 2018 South Dakota v. Wayfair, Inc., 585 U.S. ___ (2018) (Kennedy, J.). Response by David Brunori Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | The New York Times | SCOTUSblog South Dakota v. Wayfair, Inc.: Will It End a Seemingly Endless Debate? Do you ever wonder why sometimes... Read More
Gill v. Whitford & Benisek v. Lamone: Some Good News and Some Bad
June. 24, 2018 Gill v. Whitford, 585 U.S. ___ (2018) (Roberts, C.J.). Slip Opinion | SCOTUSblog Benisek v. Lamone, 585 U.S. ___ (2018) (per curiam). Slip Opinion | SCOTUSblog Response by Alan B. Morrison Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Gill v. Whitford & Benisek v. Lamone: Some Good News and... Read More
Sveen v. Melin: The Retro View of Revocation on Divorce Statutes
June. 23, 2018 Sveen v. Melin, 584 U.S. ___ (2018) (Kagan, J.). Response by Naomi Cahn Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | SCOTUSblog Sveen v. Melin: The Retro View of Revocation on Divorce Statutes The Supreme Court rarely considers domestic relations or probate cases; nonetheless, when state statutes... Read More
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.: Respect but Verify: Foreign Government Statements of Foreign Law Do Not Get Conclusive Deference
June. 21, 2018 Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., 585 U.S. ___ (2018) (Ginsburg, J.). Response by Donald C. Clarke Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | SCOTUSblog Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.: Respect but Verify: Foreign Government Statements of Foreign Law... Read More