Inconclusive History
Allen Rostron 93 Geo. Wash. L. Rev. Arguendo 26 This Essay argues that the Supreme Court should be willing to admit when history is inconclusive when analyzing issues from a historical perspective. In United States v. Rahimi, the Court stretched and strained to come up with historical justifications for its decision rather than simply acknowledging... Read More
Judging the Court’s Performance: There is Much More to Question than the Blockbusters
Alan B. Morrison 93 Geo. Wash. L. Rev. Arguendo 1 This Essay examines nine cases that the Court decided—many of them unanimously—and asks some rather mundane questions. Did the decision produce a winner and a loser, or was the outcome still unclear? Did the Court reach a conclusion where the record was fully developed? Did... Read More
Is Strict Scrutiny Too Strict? Remediating Racial Disparities in Environmental Hazard Exposure
Katie Metzger 93 Geo. Wash. L. Rev. 189 As environmental justice issues garner national attention, legislatures have considered ways to address unequal exposure to environmental hazards. Some have passed laws that prioritize brownfield remediation grants to minority communities with the goal of getting grant money to communities that need it most. These laws are subject... Read More
Get in, Litigants: We’re Going Judge Shopping!
Shloke Singh Nair 93 Geo. Wash. L. Rev. 159 Judge shopping, which is distinct from forum shopping, refers to the practice of plaintiffs strategically filing lawsuits in jurisdictions where they have a high probability of drawing a judge who will be favorable to them. Over the past few years, judge shopping has increasingly come under... Read More
The Unconscionably Short Warranty
Marie T. Reilly 93 Geo. Wash. L. Rev. 105 A typical consumer product warranty covers products for defects that appear before the warranty period expires. If the manufacturer warrants a vehicle for five years or 60,000 miles, whichever occurs first, problems that require repairs after the warranty period expires are outside the warranty and, therefore,... Read More
The Scope of the Prior Art
John R. Thomas 93 Geo. Wash. L. Rev. 54 The courts and the U.S. Patent and Trademark Office (“USPTO”) assess whether an invention may be patented by comparing it to the state of the art, which the patent community terms the “prior art.” Heavily influenced by Oliver Wendell Holmes Jr. and Learned Hand, and more... Read More
Abortion Ally or Abettor: Accomplice and Conspiracy Liability After Dobbs
The bristle of state laws criminalizing abortion after Dobbs v. Jackson Women’s Health Organization raises important questions about accomplice and conspiracy liability for helping people pursue reproductive freedoms out of state. This Article is the first to ground defenses to liability for helping people pursue reproductive and gender freedoms after Dobbs in anti-totalitarian theory and in light of how courts have curbed the criminalization of compassion to migrants.
Artificial Authorship and Judicial Opinions
Richard M. Re 92 Geo. Wash. L. Rev. 1558 Generative Artificial Intelligence (“AI”) is already beginning to alter legal practice. If optimistic forecasts prove warranted, how might this technology transform judicial opinions—a genre often viewed as central to the law? This Symposium Essay attempts to answer that predictive question, which sheds light on present realities.... Read More
AI Regulation Has Its Own Alignment Problem: The Technical and Institutional Feasibility of Disclosure, Registration, Licensing, and Auditing
Neel Guha, Christie M. Lawrence, Lindsey A. Gailmard, Kit T. Rodolfa, Faiz Surani, Rishi Bommasani, Inioluwa Deborah Raji, Mariano-Florentino Cuéllar, Colleen Honigsberg, Percy Liang & Daniel E. Ho 92 Geo. Wash. L. Rev. 1473 Calls for regulating artificial intelligence (“AI”) are widespread, but there remains little consensus on both the specific harms that regulation can... Read More
The Automated State: A Realist View
David Freeman Engstrom 92 Geo. Wash. L. Rev. 1437 Government use of artificial intelligence (“AI”) to make, implement, and enforce law is fueling anxieties among a growing cast of critics. Some are accelerations of concerns raised by other technology adoptions: error, bias, gaming, and the oversight challenges that come with reliance on procurement. Others are... Read More