Confusion in the Circuit Courts: How the Circuit Courts Are Solving the Mead-Puzzle by Avoiding It Altogether
Daniel S. Brookins 85 Geo. Wash. L. Rev. 1484 Chevron deference is possibly the most discussed legal issue in recent history. Despite this prolific scholarship, relatively little empirical attention has been devoted to Chevron’s impact in the circuit courts. To shed light on the situation in the circuit courts, this Essay addresses the issue of... Read More
When Constitutional Tailoring Demands the Impossible: Unrealistic Scrutiny of Agencies?
Lars Noah 85 Geo. Wash. L. Rev. 1462 Scholars have raised various objections to the last and often decisive (narrow tailoring) prong of the different forms of heightened scrutiny, and these problems may become acute when courts consider constitutional challenges brought against government entities that enjoy far more truncated powers than do legislative bodies. This... Read More
Chevron’s Inevitability
Nicholas R. Bednar & Kristin E. Hickman 85 Geo. Wash. L. Rev. 1392 For over thirty years, Chevron deference has been the target of criticism. Now, some judges and legislators are calling for an end to Chevron, and legal scholars are heralding the doctrine’s retreat. Chevron may be evolving, as common law often does. But... Read More
Chevron’s Interstitial Steps
Cary Coglianese 85 Geo. Wash. L. Rev. 1339 The Chevron doctrine’s apparent simplicity has long captivated judges, lawyers, and scholars. According to the standard formulation, Chevron involves just two straightforward steps: (1) Is a statute clear? (2) If not, is the agency’s interpretation of the statute reasonable? Despite the influence of this two-step framework, Chevron... Read More
On the Docket Special Publications for the October 2017 Term
The October 2017 Supreme Court term has now begun. On the Docket will be posting several special publications to get everyone geared up for the bench’s full docket with a full court. To view previews of the first month of arguments, click here! The Department of Justice and Department of Education have formally reversed the... Read More
Fifty Years of Katz: A Look Back–and Forward–at the Influence of Justice Harlan’s Concurring Opinion on the Reasonable Expectation of Privacy
Martin McKown · October 2017 85 Geo. Wash. L. Rev. Arguendo 140 Nearly fifty years ago, Supreme Court Justice John Marshall Harlan introduced to the judiciary a new framework for analyzing Fourth Amendment issues when he issued his concurring opinion in the seminal case of Katz v. United States. Into the twenty-first century, the Katz... Read More
On the Docket’s Preview of the November Supreme Court Arguments
The Court starts out with a light schedule in the beginning of November, as two cases were removed from the November sitting: the much-anticipated Husted v. A. Philip Randolph Institute and Leidos, Inc. v. Indiana Public Retirement System. The Court will hear three arguments during the first half of November and five in late November.... Read More
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Alumni Newsletter – Volume 86, Fall Edition
Katelin Shugart-Schmidt pens her first alumni newsletter as Volume 86 Editor-in-Chief. Katelin introduces the Volume 86 Senior Board, provides an overview of our Fall Symposium and ABA Administrative Panel, and highlights our excellent student scholarship with a list of forthcoming student notes. Read the Full Newsletter Here.
GW Law Review Hosts Panel at ABA Administrative Law Conference
In conjunction with the American Bar Association Section of Administrative Law and Regulatory Practice, The George Washington Law Review will host its annual panel at this year’s Administrative Law Conference on Friday, October 20. The panel, “Evaluating Federal Actions: The Powers, Processes, and Proclamations of Administrative Agencies and the Oval Office,” will take place from... Read More