Party Subordinance in Federal Litigation
Professor Scott Dodson 83 GEO. WASH. L. REV. 1 American civil litigation in federal courts operates under a presumption of party dominance. Parties choose the lawsuit structure, factual predicates, and legal arguments, and the court accepts these choices. Further, parties enter ubiquitous ex ante agreements that purport to alter the law governing their dispute, along... Read More
Alabama Legislative Black Caucus v. Alabama
Response by Dean Alan B. Morrison Geo. Wash. L. Rev. Docket (Oct. Term 2014) Alabama Legislative Black Caucus v. Alabama, 575 U.S. ___ (2015). Docket No. 13-895; decided March 25, 2015 Slip Opinion | Washington Post | SCOTUSblog Claims of Racial Gerrymandering Get a Second ChanceAfter the 2010 census, Alabama had to revise the lines... Read More
B&B Hardware v. Hargis Industries
Response by Professor Roger Schechter | Geo. Wash. L. Rev. Docket (Oct. Term 2014) B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. ___ (2015) | Docket No. 13-352; argued decided March 24, 2015 Slip Opinion | NY Times | SCOTUSblog Ever since the adoption of the Lanham Act in 1946,1 the relationship between the... Read More
Severability, Remedies, and Constitutional Adjudication
Professor John Harrison 83 GEO. WASH. L. REV. 56 In several recent cases, the Supreme Court has described the issue of severability as one of remedy. The Court’s reasoning seems to be that once a court has found that one provision or application of a statute is unconstitutional and invalid, it then must decide how... Read More
The Self-Regulation of Investment Bankers
Professor Andrew F. Tuch 83 GEO. WASH. L. REV. 101 As broker-dealers, investment bankers must register with the Financial Industry Regulatory Authority (“FINRA”) and comply with its rules, including the requirement to “observe high standards of commercial honor and just and equitable principles of trade.” As the self-regulatory body for brokerdealers, FINRA functions as the... Read More
LAWS unto Themselves: Controlling the Development and Use of Lethal Autonomous Weapons Systems
Gwendelynn Bills 83 GEO. WASH. L. REV. 176 Lethal Autonomous Weapons Systems (“LAWS”) are robots used to deliver lethal force that possess near-human decision making abilities. Although LAWS do not yet exist, recent military advancements have laid the foundation for the development of autonomous weapons technology. Current weapons, such as the United Kingdom’s Taranis or... Read More
Public Muscle and Private Profit: A Flawed Scheme for Stemming Foreclosures Through the Power of Eminent Domain
Brandon Boxbaum 83 GEO. WASH. L. REV. 209 A new scheme, first introduced by Professor Robert C. Hockett, and later advocated for by Mortgage Resolution Partners, seeks to persuade municipalities and local governments to use its sovereign power of eminent domain to seize residential mortgages. The power of eminent domain is the power to take... Read More
Owning a Piece of the Cloud: Intellectual Property and Consumer Protection
Catherine Schroeder 83 GEO. WASH. L. REV. 240 The goods purchased by consumers today are increasingly digital or electronic in nature, with copyrighted components becoming commonplace in many industries. This situation has created a conflict between intellectual property rights and consumer property rights. The enforcement of intellectual property rights, and the introduction of measures designed... Read More
Section 1983 and Horizontal Inequities: Addressing the Disparate Application of the Supreme Court’s § 1983 Preclusion Jurisprudence to Similarly Situated Litigants
Brentley Smith 83 GEO. WASH. L. REV. 273 Currently, the Supreme Court’s jurisprudence as to § 1983 preclusion by federal statutes has lead to varying results in application amongst the federal district and circuit courts. The confusion has lead to an incentive for plaintiffs to bring additional claims under § 1983, which can lead to... Read More
Young v. United Parcel Service
Response by Professor Naomi Cahn & Professor June Carbone | Geo. Wash. L. Rev. Docket (Oct. Term 2014) Young v. United Parcel Service, Inc., 575 U.S. ___ (2015). | Docket No. 12-1226; decided March 25, 2015 Slip Opinion | NY Times | SCOTUSblog At the core of the Court’s decision in Young v. United Parcel Service... Read More