On the Docket’s Preview of October Supreme Court Arguments
Welcome to the 2017 Supreme Court term! With a full bench, the Court has chosen to take on many controversial issues in the next nine months. One case still up in the air is the constitutionality of the Trump Administration’s Travel Ban 2.0—on September 25th, the Court took the oral argument, previously scheduled for October... Read More
Keeping Non-Practicing Entities out of the Courtroom: Amending the Innovation Act to More Effectively Address the Abuse of the Patent Infringement Claim
Adam Bofill · September 2017 85 Geo. Wash. L. Rev. Arguendo 116 There has been a growing abuse of patent infringement litigation by nonpracticing entities (“NPEs”), or “patent trolls.” NPEs normally purchase patents in bulk from distressed or bankrupted technology companies and force other businesses and individuals who are allegedly infringing on those patents into... Read More
Register for the 2017 Symposium: The Challenge of Crime in a Free Society: 50 Years Later
Click Here to Register. The George Washington Law Review, along with our co-sponsor Dean Roger Fairfax of The George Washington University Law School, is thrilled to announce our Fall 2017 Symposium, The Challenge of Crime in a Free Society: 50 Years Later. Save the date for this exciting event, Thursday, October 26 and Friday, October... Read More
“People Don’t Forget”: The Necessity of Legislative Guidance in Implementing a U.S. Right to Be Forgotten
Hillary C. Webb 85 Geo. Wash. L. Rev. 1304 This Note argues that U.S. policymakers should use the spirit of the EU’s decision in Google Spain to implement an American right to be forgotten—consistent with the U.S. Constitution—in order to regulate the currently unregulated discretion of Google and other search engine providers in removing search... Read More
An Arbitral Solution: A Private Law Alternative to Bankruptcy for Puerto Rico, Territories, and Sovereign Nations
Melika Hadžiomerović 85 Geo. Wash. L. Rev. 1263 Puerto Rico is excluded from bankruptcy relief under the U.S. Bankruptcy Code. As a result, Puerto Rico’s ability to restructure its debt is severely hindered and almost resulted in a humanitarian crisis in 2016. The problems for Puerto Rico’s government, including a scarcity of interim financing and... Read More
How States Can Take a Stand Against Prison Banking Profiteers
Catherine E. Akenhead 85 Geo. Wash. L. Rev. 1224 In recent years, state corrections departments have faced pressure to provide better prison conditions while simultaneously cutting costs. Many critics have touted the emergence of privatized prison services as a cost-effective resolution. However, those services shift the costs on to some of the poorest and most... Read More
Birthing Injustice: Pregnancy as a Status Offense
Priscilla A. Ocen 85 Geo. Wash. L. Rev. 1163 Over the last thirty years, pregnant women, particularly pregnant women of color, have increasingly come under the supervision and control of the criminal justice system. In July 2014, Tennessee became the first state in the country to pass a law criminalizing illegal drug use during pregnancy.... Read More
Corporate Privilege and an Individual’s Right to Defend
Susan B. Heyman 85 Geo. Wash. L. Rev. 1112 A recent memo issued by the Department of Justice has shifted federal policy to ensure that individuals responsible for corporate wrongdoing are held accountable. No longer will federal prosecutors be satisfied with sanctions against corporate entities. This shift in focus, however, creates a new challenge which... Read More
The Right to Vote Under Local Law
Joshua A. Douglas 85 Geo. Wash. L. Rev. 1039 A complete analysis of the right to vote requires at least three levels of inquiry: the U.S. Constitution and federal law, state constitutions and state law, and local laws that confer voting rights for municipal elections. But most voting rights scholarship focuses on only federal or... Read More
A Responsible Approach to Safety Regulation in the Automobile Industry
Daniel S. Brookins · August 2017 85 Geo. Wash. L. Rev. Arguendo 83 Automobile safety is an issue of public health and welfare. People die when automobile manufacturers cut corners. Consequently, it is imperative that the federal regulatory agency responsible for automobile safety, the National Highway Traffic Safety Administration (“NHTSA”), impose effective, fair penalties for... Read More