Announcing the Volume 84 Editorial Board
The Law Review is very proud to introduce the new Editorial Board of Volume 84. As of March 24, 2015, The George Washington Law Review has transitioned from the leadership of Vol. 83 to the leadership of Vol. 84. These incoming editors were selected by their predecessors on the basis of interviews and a rigorous... Read More
Professor Osenga’s Article is Selected for the Intellectual Property Law Review 2015
The George Washington Law Review is exceedingly proud to announce that Professor Kristen Osenga’s article Debugging Software’s Schemas has been selected for publication in the 2015 edition of the Intellectual Property Law Review. Professor Osenga published with the Law Review in Volume 82, Number 6, our symposium edition, Cracking the Code: Ongoing Section 101 Patentability... Read More
George Washington Law Review Cited by the Supreme Court
The George Washington Law Review is extremely excited to announce the Supreme Court’s recent citation of one of our articles in Perez v. Mortgage Bankers Association, 575 U.S. ___ (2015). The majority opinion, written by Justice Sotomayor and released March 9, 2015, cited John F. Manning, Nonlegislative Rules, 72 Geo. Wash. L. Rev. 893... Read More
The Supreme Court Saps Patent Certainty
The Honorable Paul R. Michel · November 2014 82 GEO. WASH. L. REV. 1751 (2014) This piece is based on the keynote address delivered at The George Washington Law Review‘s symposium entitled “Cracking the Code: Ongoing Section 101 Patentability Concerns in Biotechnology and Computer Software” on November 15, 2013.
Competing Visions of Patentable Subject Matter
Tun-Jen Chiang · November 2014 82 GEO. WASH. L. REV. 1858 (2014) Although many people disagree about whether various types of subject matter (e.g., human genes, diagnostic tests, or business methods) are or should be patentable, they ostensibly agree on the overarching framework within which the issue is analyzed. Almost everyone in legal debates—in courts... Read More
Debugging Software’s Schemas
Kristen Osenga · November 2014 82 GEO. WASH. L. REV. 1832 (2014) The analytical framework being used to assess the patent eligibility of software and computer-related inventions is fraught with errors, or bugs, in the system. A bug in a schema, or framework, in computer science may cause the system or software to produce... Read More
Patent Eligibility Post-Myriad: A Reinvigorated Judicial Wildcard of Uncertain Effect
Christopher M. Holman · November 2014 82 GEO. WASH. L. REV. 1796 (2014) In the 1970s and early 1980s, the U.S. Supreme Court issued several landmark decisions establishing the contours of patent eligibility—a judicially created doctrine that serves as a gatekeeper to prevent the patenting of subject matter deemed so fundamental as to be better... Read More
Flook Says One Thing, Diehr Says Another: A Need for Housecleaning in the Law of Patentable Subject Matter
John M. Golden · November 2014 82 GEO. WASH. L. REV. 1765 (2014) In a series of recent cases, the U.S. Supreme Court has made clear that there are substantial constraints on the categories of actions and materials for which patent protection may be afforded. But the Court has not provided clear instruction on how... Read More
Court-Agency Dialogue: Article III’s Dual Nature and the Boundaries of Reviewability
Emily Hammond · October 2014 82 GEO. WASH. L. REV. ARGUENDO 171 (2014) Courts reviewing agency actions frequently offer more than a positive analysis of the agencies’ decisions. They might engage in advice-giving, for example, or temper the remedy as a way of modulating the impact of review. These actions can be used in a dialogic way, to provide... Read More
GWLR Hosts “The FTC at 100” Symposium Featuring Justice Breyer
On November 7-8, 2014, the GW Law Review held its Annual Symposium. This year’s symposium, [addlink url=”http://www.gwlr.org/2014/10/01/ftc-symposium-2014/” text=”The FTC at 100: Centennial Commemorations and Proposals for Progress”], hosted in conjunction with GW Law Professor and former FTC Chairman William E. Kovacic, not only celebrated the successes of our nation’s oldest federal regulatory agency, but also confronted... Read More