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
Peña-Rodriguez v. Colorado: The Ultimate Safeguard Against Juror Racial Bias?
March 6, 2017 Peña-Rodriguez v. Colorado, 580 U.S. ___ (2017) (Kennedy, J.). Response by Professor Stephen Saltzburg Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | New York Times | SCOTUSblog Peña-Rodriguez v. Colorado: The Ultimate Safeguard Against Juror Racial Bias? The Issue On March 6, 2017, the Supreme Court resolved an important... Read More
Blazing a New Trail: Using a Federalism Standard of Review in Marijuana Cases
Sandra M. Praxmarer · March 2017 85 Geo. Wash. L. Rev. Arguendo 25 The current marijuana conundrum continues to cause conflict and tension between the state and federal governments and creates uncertainty for those who engage in actions legal under state law but illegal under federal law. Any challenge to the constitutionality of marijuana’s scheduling... Read More
Buck v. Davis: Fulfilling the Promise of Justice
Buck v. Davis, 580 U.S. ___ (2017) (Roberts, J.). Response by Robin M. Maher Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | New York Times | SCOTUSblog Fulfilling the Promise of Justice The State of Texas spent twenty years trying to execute Duane Buck after securing a death sentence that was... Read More
On the Docket’s Preview of February Supreme Court Arguments
So far in 2017, the branches of government are moving at high speed—and the judiciary is no exception. February could be one of the last months with the Supreme Court as an eight-Justice bench. The Justices are using their remaining time before inducting a new member to take on issues relating to, inter alia, officer immunity,... Read More