Trying the Trial
Andrew S. Pollis 84 Geo. Wash. L. Rev. 55 Lawyers routinely make strategic advocacy choices that reflect inferentially on the credibility of their clients’ claims and defenses. But courts have historically been reluctant to admit evidence of litigation conduct, sometimes even expressing hostility at the very notion of doing so. This Article deconstructs that reluctance.... Read More
The Sherlock Holmes Canon
Anita S. Krishnakumar 84 Geo. Wash. L. Rev. 1 Many of the Supreme Court’s statutory interpretation cases infer meaning from Congress’s failure to comment in the legislative record. Colorfully referred to as the “dog that did not bark” canon, after a Sherlock Holmes story involving a watchdog that failed to bark while a racehorse was... Read More
Montgomery v. Louisiana: Baby Steps Toward a More Benevolent Juvenile Justice System
Montgomery v. Louisiana, 577 U.S. ___ (2016) (Kennedy, J.). Response by Professor Kami Chavis Simmons Geo. Wash. L. Rev. Docket (Oct. Term 2015) Slip Opinion | New York Times | SCOTUSblog Baby Steps Toward a More Benevolent Juvenile Justice SystemIn Miller v. Alabama,1 the Supreme Court concluded that mandatory life sentences without the possibility of parole... Read More
The Confrontation Clause After Ohio v. Clark: The Path to Reinvigorating Evidenced-Based Prosecution in Intimate Partner Violence Cases
A. Ann Ratnayake · February 2016 84 Geo. Wash. L. Rev. Arguendo 18 Society has only recently made strides to help victims of intimate partner violence. “At time of founding,” a husband, as master of his household, had a privilege recognized by law to subject his wife to corporal punishment or chastisement [beating] so long... Read More
Observations from the GWLR United States v. Texas Panel
Official estimates place the number of undocumented immigrants in the United States between eleven and twelve million. Congress has only appropriated enough resources to the Department of Homeland Security (“DHS”), however, to process and deport about four hundred thousand of these individuals in any given year. The allocation of limited resources and the corresponding decision... Read More
FERC v. Electric Power Supply Association: Energy Law’s Jurisdictional Boundaries: Staying the Course
FERC v. Electric Power Supply Association, 577 U.S. ___ (2016) (Kagan, J.). Response by Professor Emily Hammond Geo. Wash. L. Rev. Docket (Oct. Term 2015) Slip Opinion | New York Times | SCOTUSblog Energy Law’s Jurisdictional Boundaries: Staying the Course Across the history of energy law, governance is an enduring theme.1 In the 1920s, the... Read More
On the Docket Panel | United States v. Texas: A Historic Moment for U.S. Immigration
The George Washington Law Review’s On the Docket Presents: United States v. Texas: A Historic Moment for U.S. Immigration The George Washington Law Review is hosting a panel discussion on one of the most important Supreme Court cases this Term, United States v. Texas. The case involves a constitutional and administrative law challenge to President... Read More
Campbell-Ewald Co. v. Gomez: A (Temporarily) Failed Pick Off
Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016) (Ginsburg, J.). Response by Dean Alan B. Morrison Geo. Wash. L. Rev. Docket (Oct. Term 2015) Slip Opinion | New York Times | SCOTUSblog A (Temporarily) Failed Pick Off In Campbell-Ewald v. Gomez, the Supreme Court ruled that the defendant’s attempt to pick off the class action claim... Read More
Hurst v. Florida: How Much Does the Sixth Amendment Really Protect?
Hurst v. Florida, 577 U.S. ___ (2016) (Sotomayor, J.). Response by Professor Robin Maher Geo. Wash. L. Rev. Docket (Oct. Term 2015) Slip Opinion | New York Times | SCOTUSblog How Much Does the Sixth Amendment Really Protect?Timothy Lee Hurst was convicted of the 1998 murder of a co-worker at Popeye’s restaurant in Pensacola, Florida... Read More
The Cost of Creativity: An Economic Analysis of Mobile Vending Regulations
Nora Wong · January 2016 84 Geo. Wash. L. Rev. Arguendo 5 Grassroots movements across the United States are calling upon local governments to deregulate mobile food vending. In New York, the Street Vendor Project has campaigned since 2014 for the City Council to issue more vending permits and revise regulations that specify where vendors... Read More