The Vanishing Criminal Jury Trial: From Trial Judges to Sentencing Judges
The Honorable Robert J. Conrad, Jr. & Katy L. Clements 86 Geo. Wash. L. Rev. 99 Federal criminal jury trials are dying. Surely, but not slowly. Within the ten-year span from 2006 to 2016, the absolute number of cases disposed of by jury trial declined by forty-seven percent. During the same ten-year span, the portion... Read More
An Empirical Study of the Race, Ethnicity, Gender, and Age of Copyright Registrants
Robert Brauneis & Dotan Oliar 86 Geo. Wash. L. Rev. 46 Who is the author in copyright law? Knowing who our copyright system currently incentivizes to create which works is a necessary precondition for any effective copyright reform, yet copyright scholarship has thus far treated authors only through a priori conceptual analysis. This Article explores the... Read More
The Reasonable Computer: Disrupting the Paradigm of Tort Liability
Ryan Abbott 86 Geo. Wash. L. Rev. 1 Artificial intelligence is part of our daily lives. Whether working as chauffeurs, accountants, or police, computers are taking over a growing number of tasks once performed by people. As this occurs, computers will also cause the injuries inevitably associated with these activities. Accidents happen, and now computer-generated accidents happen. The recent fatality... Read More
Prescribing a Cure for Right-to-Try Legislation
Marianne Spencer · Mar. 2018 86 Geo. Wash. L. Rev. Arguendo 30 In the past four years, thirty-eight states have passed legislation creating a right for terminal patients to try investigational drugs without approval by the Food and Drug Administration. Despite the popularity of the laws, this legislation has functioned as a legal placebo because manufacturers... Read More
On the Docket’s Preview of the April Supreme Court Arguments
On Monday the Court will convene to begin hearing its final sets of arguments for this term. Nevertheless, the Court’s hard work may just be beginning. Although a few opinions have been released recently, such as a decision in Encino Motorcars v. Navarro, the Court has been conspicuously silent with respect to some of the more... Read More
Encino Motorcars, LLC v. Navarro: No Overtime Exemption for Dealership Service Advisors
Apr. 7, 2018 Encino Motorcars, LLC v. Navarro, 584 U.S. ___ (2018) (Thomas, J.). Response by Alan B. Morrison Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | CNN | SCOTUSblog Encino Motorcars, LLC v. Navarro: No Overtime Exemption for Dealership Service Advisors When you go to your friendly automobile dealer... Read More
Murphy v. Smith: Limiting Access to Counsel for Prisoners
Apr. 2, 2018 Murphy v. Smith, 138 S. Ct. 784 (2018) (Gorsuch, J.). Response by Katy Ramsey Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | SCOTUSblog Murphy v. Smith: Limiting Access to Counsel for Prisoners On February 21, 2018, the U.S. Supreme Court decided Murphy v. Smith,1 which hinged on the... Read More
U.S. Bank National Ass’n v. Village at Lakeridge: Reviewing Mixed Questions of Fact & Law
Mar. 21, 2018 U.S. Bank National Ass’n v. Village at Lakeridge, 583 U.S. ___ (2018) (Kagan, J.). Response by Alan B. Morrison Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | SCOTUSblog U.S. Bank National Ass’n v. Village at Lakeridge: Reviewing Mixed Questions of Fact & Law The outcome in U.S. Bank... Read More
On the Docket’s Preview of the March Supreme Court Arguments
The first oral arguments for the month of March will commence when the Court convenes this coming Monday. Since our last set of argument previews was released, the Court has issued opinions in nine different cases, including a consequential ruling in Jennings v. Rodriguez. The Court’s March schedule will undoubtedly generate momentous decisions as well, as... Read More
The Implication of Terms-in-Fact: Good Faith, Contextualism, and Interpretation
Martin A. Hogg 85 Geo. Wash. L. Rev. 1660 U.S. contract law has a rich heritage of good faith jurisprudence. By contrast, the good faith jurisprudence of the United Kingdom is relatively underdeveloped. This Essay undertakes to examine the role of good faith in the implication of terms-in-fact in British contract law. The analysis extends... Read More