Merging Innovation into Antitrust Agency Enforcement of the Clayton Act
Professors Richard J. Gilbert and Hillary Greene 83 Geo. Wash. L. Rev. 1919 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” The treatment of innovation within the merger context by U.S. Antitrust Agencies continues to evolve, with regard to both general statements of enforcement policy and specific enforcement decisions. The... Read More
The FTC’s Study and Advocacy Authority in Its Second Century: A Look Ahead
Professor Andrew I. Gavil 83 Geo. Wash. L. Rev. 1902 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” The Federal Trade Commission’s (“FTC” or “the Commission”) authority extends beyond antitrust law enforcement to include unique tools for industry study and competition advocacy that allow it to construct a broader competition... Read More
Looking Ahead: The FTC’s Role in Information Technology Markets
Jeffrey A. Eisenach and Ilene Knable Gotts 83 Geo. Wash. L. Rev. 1876 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” The Federal Trade Commission has played, and should continue to play, a key role in preserving and promoting competition in information technology markets. In this Essay we review recent... Read More
Debunking Humphrey’s Executor
Professor Daniel A. Crane 83 Geo. Wash. L. Rev. 1835 Published in connection with the Law Review’s 2014 Symposium “The FTC at 100” The Supreme Court’s 1935 Humphrey’s Executor decision paved the way for the modern administrative state by holding that Congress could constitutionally limit the President’s powers to remove heads of regulatory agencies. The... Read More
On the Docket’s Preview of January Supreme Court Arguments
The United States Constitution forms the solid foundation of the American legal system, spelling out the structure of government and guarantees of personal liberty in no uncertain terms. Yet, as evidenced by the cases on the Supreme Court’s January calendar, these seemingly straight forward edicts aren’t always so simple in practice. The Court’s first arguments of... Read More
An Unfair Presumption in the Fair Labor Standards Act
Alexander Kritikos · January 2016 84 Geo. Wash. L. Rev. Arguendo 1 The Obama Administration’s Department of Labor has made it a top priority to find and investigate instances of employee misclassification—that is, designating a worker as an independent contractor rather than an employee. Proper classification is important because the Fair Labor Standards Act provides... Read More
On the Docket’s Preview of December Supreme Court Arguments
How much impact can one case have? In this month’s upcoming arguments, the Court has taken on ten cases which will, each in its own way, have far reaching implications. On Monday, the Court will resolve circuit splits and ambiguity through Musacchio v. United States and Green v. Brennan. While Musacchio will yield from the Court... Read More
Historical Supplement
Prepared by David M. Pritzker, Deputy General Counsel of the Administrative Conference of the United States · Introduction · 83 Geo. Wash. L. Rev. 1705 · The Historical Supplement to this issue of the George Washington Law Review contains an overview of the history of the Administrative Conference of the United States, together with bibliographic material and a... Read More
The Administrative Conference at Fifty: An Agency Lives Twice
Professor David C. Vladeck · 83 Geo. Wash. L. Rev. 1689 · This Article traces the successful resurrection of the Administrative Conference of the United States (“ACUS”), a federal agency uniquely dedicated to improving the efficiency and fairness of administrative agencies to better serve the American public. The Article begins by recounting ACUS’s history of accomplishment, from... Read More
The Administrative Conference and the Political Thumb
Professor Peter L. Strauss · 83 Geo. Wash. L. Rev. 1668 · In his valuable contribution to this special issue, Richard Pierce underscores the role the Administrative Conference of the United States (“ACUS”) has played over the years in encouraging on-theground fact-finding by its consultants, who have usually been academics consulted at the beginning of careers that... Read More