Structured Lingchi: Czyzewski v. Jevic Holding Corp.
April 3, 2017 Czyzewski v. Jevic Holding Corp., 580 U.S. ___ (2017) (Breyer, J.). Response by Professor Bruce Markell Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | Law360 | SCOTUSblog Structured Lingchi: Czyzewski v. Jevic Holding Corp. On March 23, 2017, the Supreme Court decided Czyzewski v. Jevic Holding Corp.1 (“Jevic“). Jevic... Read More
Knocked Unconscionable: College Football Scholarships and Traumatic Brain Injury
Bryant Lee 85 Geo. Wash. L. Rev. 613 Each year, thousands of athletes play college football and are at risk of incurring a traumatic brain injury (“TBI”). TBI can take many forms including concussion, Second-Impact Syndrome, Chronic Traumatic Encephalopathy (“CTE”), early-onset Alzheimer’s, dementia, and other brain conditions. These injuries, which many experts believe can be... Read More
Game of Phones, Data Isn’t Coming: Modern Mobile Operating System Encryption and Its Chilling Effect on Law Enforcement
Kristen M. Jacobsen 85 Geo. Wash. L. Rev. 566 The encrypted smartphone presents a novel legal issue that is hard to crack. Smartphone data is essential to investigating and prosecuting a range of crimes, such as murder, human trafficking, child pornography, and terrorism. However, Apple and Google’s recently reengineered mobile operating systems threaten to lock... Read More
Losing Your Children: The Failure to Extend Civil Rights Protections to Transgender Parents
Charles Cohen 85 Geo. Wash. L. Rev. 536 No widely accepted legal rule governs how courts adjudicate claims made by transgender parents for custody of, and visitation with, their children. The result is a patchwork of rules, none of which guarantees these parents nondiscriminatory consideration of their claims for custody and visitation. To correct this... Read More
Agencies as Legislators: An Empirical Study of the Role of Agencies in the Legislative Process
Jarrod Shobe 85 Geo. Wash. L. Rev. 451 The scope and power of the administrative state in implementing law is a common theme in academic discussions and judicial decisions, but the role that agencies play in drafting the laws that they implement has gone mostly unexplored. Based on interviews with fifty-four agency staff who work... Read More
A Concise Guide to the Articles of Confederation as a Source for Determining the Original Meaning of the Constitution
Gregory E. Maggs 85 Geo. Wash. L. Rev. 397 Judges and scholars often refer to the Articles of Confederation when making claims about the original meaning of the United States Constitution. To help readers understand and evaluate such claims, this piece describes the formation and content of the Articles of Confederation and explains four ways... Read More
Contract Consideration and Behavior
David A. Hoffman & Zev J. Eigen 85 Geo. Wash. L. Rev. 351 Contract recitals are ubiquitous. Yet, we have a thin understanding of how individuals behave with respect to these doctrinally important relics. Most jurists follow Lon Fuller in concluding that, when read, contract recitals accomplish their purpose: to caution against inconsiderate contractual obligation. Notwithstanding... Read More
Gloucester County School Board v. G.G.: Trump Withdraws Title IX Guidance; Supreme Court Pauses. What Now?
Gloucester County School Board v. G.G., No. 16-273 (U.S. Mar. 6, 2017). Response by Professor W. Burlette Carter Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Fourth Circuit Opinion | Washington Post | SCOTUSblog Trump Withdraws Title IX Guidance; Supreme Court Pauses. What Now? On March 6, 2017, the Supreme Court vacated... Read More
Peña- Rodriguez v. Colorado: The Court’s New Racial Bias Exception to the No-Impeachment Rule
March 19, 2017 Peña-Rodriguez v. Colorado, 580 U.S. ___ (2017) (Kennedy, J.). Response by Professor Cynthia Lee Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | Washington Post | SCOTUSblog Peña-Rodriguez v. Colorado: The Court’s New Racial Bias Exception to the No-Impeachment Rule On March 6, 2017, the Supreme Court adopted a constitutional... Read More
On the Docket’s Preview of March Supreme Court Arguments
The Court is making the jump from seven cases heard in February to eleven in March, while still maintaining its eight-justice bench. Each case is fairly notable, with two important patent cases, several criminal law cases, and a case significantly impacting religiously affiliated organizations and their employees. These cases show that the bench is prepared... Read More