The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts
James P. Nehf 85 Geo. Wash. L. Rev. 1692 The doctrines of unconscionability and good faith have played paramount roles in limiting the ability of businesses to impose unfair contract terms on consumers. Yet the continuing role of these doctrines is being threatened by the proliferation of mandatory arbitration provisions in consumer agreements. If this... Read More
Contract Interpretation 2.0: Not Winner-Take-All but Best-Tool-for-the-Job
Lawrence Cunningham 85 Geo. Wash. L. Rev. 1625 In a centuries-old debate among contracts scholars, one group supports a presumption favoring a text-centered approach to the interpretation of a written agreement—the plain meaning taken from the four corners—while opponents urge a broader understanding of context—what the parties intended and the circumstances of their negotiation. The... Read More
Judicial Development of the Law of Contract in the United Kingdom
Lord Patrick Stewart Hodge 85 Geo. Wash. L. Rev. 1587 The author, a Justice of the U.K. Supreme Court, analyzes the development of contract law by the Court over the last three years to assess whether there have been significant shifts in the judicial approach to contractual doctrine. He speaks of the swing of the... Read More
Jennings v. Rodriguez: Against the Backdrop of Executive Enforcement and Legislative Inaction, the Court Revisits the Issue of Prolonged Immigration Detention
Mar. 5, 2018 Jennings v. Rodriguez, 583 U.S. ___ (2018) (Alito, J.). Response by Cori Alonso-Yoder Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | New York Times | SCOTUSblog Jennings v. Rodriguez: Against the Backdrop of Executive Enforcement and Legislative Inaction, the Court Revisits the Issue of Prolonged Immigration Detention Today marks... Read More
Always On, Always Listening: Navigating Fourth Amendment Rights in a Smart Home
Allegra Bianchini · March 2018 86 Geo. Wash. L. Rev. Arguendo 1 What do you say in your home when you think no one is listening? Have you ever contemplated that someone might be listening? What would you do if a recorded log of what you say and do behind closed doors could be used... Read More
On the Docket’s Preview of the February Supreme Court Arguments
The Court sits down on Tuesday to hear the arguments slated for February. This is the Court’s second to last month before the summer recess, and we have only received four opinions so far this term. For comparison, at this time last year we had six. Although not a huge difference, keep in mind that... Read More
On the Docket’s Preview of the January Supreme Court Arguments
After a, hopefully, relaxing break for the Justices, the Supreme Court will start up the second half of the 2017 Term with a docket packed full of interesting cases. There is no rest for the weary in this Term! The Court starts out by holding oral arguments in pairs. The Court hears two cases on... Read More
Observations from the GWLR Administrative Law Panel
On Friday, October 20, 2017, The George Washington Law Review (“Law Review”) hosted a panel titled, “Evaluating Federal Actions: The Powers, Processes, and Proclamations of Administrative Agencies and the Oval Office” as part of the American Bar Association Section of Administrative Law and Regulatory Practice’s 2017 Administrative Law Conference. The panel brought together Cass Sunstein... Read More
On the Docket’s Preview of the December Supreme Court Arguments
The sitting that everyone has been waiting for is upon us. The Court’s December sitting contains the most talked-about case of the term: Masterpiece Cakeshop v. Colorado Civil Rights Commission. This case will put Justice Kennedy at the forefront of two somewhat conflicting ideals: non-discrimination and free speech/freedom of religion. Should Jack Phillips have been... Read More
Standing Underwater
Daniel A. Fiedler 85 Geo. Wash. L. Rev. 1554 The basic requirements of Article III standing are well known: injury in fact, causal connection between that injury and conduct being complained of, and likelihood that the injury would be redressed by a favorable decision. For cases where an injury has not yet occurred, however, the... Read More