The Role of Politics in a Deliberative Model of the Administrative State
Mark Seidenfeld · September 2013 81 GEO. WASH. L. REV. 1397 (2013) Since at least the mid-1980s, some scholars of United States administrative law have touted deliberative democracy as a promising theory to justify the modern administrative state. Those who advocate deliberative administration, however, have not easily incorporated the role of democratic politics into their... Read More
Stops and Frisks, Race, and the Constitution
Paul J. Larkin, Jr. · September 2013 82 GEO. WASH. L. REV. ARGUENDO 1 (2013) For more than a decade, the New York City Police Department (“NYPD”) has pursued an aggressive strategy to reduce street crime. Among the steps that the NYPD has taken is to stop and frisk anyone suspected of having committed, committing,... Read More
Justice John Marshall Harlan: Lectures on Constitutional Law, 1897–98
Brian L. Frye; Josh Blackman; Michael McCloskey · July 2013 81 GEO. WASH. L. REV. ARGUENDO 12 (2013) From 1889 to 1910, while serving on the United States Supreme Court, the first Justice John Marshall Harlan taught at the Columbian College of Law, which later became The George Washington School of Law. During the 1897–1898... Read More
Nowhere to Go: International Coalitions and the Stranding of Defense Contractors
Hayley Hoffman · July 2013 81 GEO. WASH. L. REV. 1368 (2013) In 2010, the Armed Services Board of Contract Appeals (ASBCA) decided the appeal of MAC International FZE (“MAC”), a company attempting to bring a claim under the Contract Disputes Act (CDA) against the Coalition Provisional Authority of Iraq (“Authority”) and the United States.... Read More
Positive Law: Providing Adequate Medical Care for HIV-Positive Immigration Detainees
Noah Nehemiah Gillespie · July 2013 81 GEO. WASH. L. REV. 1329 (2013) Despite recent improvements, the level of medical care that U.S. Immigration and Customs Enforcement (“ICE”) provides to detainees in its custody remains poor. This lack of effective care has a particularly harsh impact on HIV-positive detainees, who must have consistent access to... Read More
All Work and Not Enough Pay: Proposing a New Statutory and Regulatory Framework to Curb Employer Abuse of the Summer Work Travel Program
Nicole Durkin · July 2013 81 GEO. WASH. L. REV. 1294 (2013) In the summer of 2011, 400 foreign students working in the United States through the Department of State’s Summer Work Travel (“SWT”) program went on strike at a Pennsylvania Hershey’s factory to protest their wages and working conditions. The strike drew national attention... Read More
Take Two and Call Congress in the Morning: How the Biologics Price Competition and Innovation Act May Fail to Prevent Systemic Abuses in the Follow-on Biologics Approval Process
Charles Davis · July 2013 81 GEO. WASH. L. REV. 1255 (2013) Biologics drugs present great promise for curing deadly diseases such as cancer or neurological disorders. These auspicious drugs are, however, inordinately expensive. The patents on many of these blockbuster biologics treatments will soon expire, creating high demand for cheap generic versions of biologics... Read More
District Court Review of Findings of Fact Proposed by Magistrates: Reality Versus Fiction
Richard J. Pierce, Jr. · July 2013 81 GEO. WASH. L. REV. 1236 (2013) In this Essay, Professor Pierce criticizes the decisions in six circuits that forbid a district judge from rejecting a finding of fact proposed by a magistrate without first conducting a new evidentiary hearing. Those decisions are inconsistent with the Magistrates Act... Read More
The Sounds of Silence: The Irrelevance of Congressional Inaction in Separation of Powers Litigation
Alan B. Morrison · July 2013 81 GEO. WASH. L. REV. 1211 (2013) In a number of significant separation of powers decisions, Supreme Court Justices have relied on Congressional silence to support their conclusion that the President had or did not have the power being challenged. Using language such as “implied” grants or denials of... Read More
“So Closely Intertwined”: Labor and Racial Solidarity
Charlotte Garden; Nancy Leong · July 2013 81 GEO. WASH. L. REV. 1135 (2013) Conventional wisdom tells us that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups’ interests as fundamentally opposed and their relationship as predictably fraught with tension. For... Read More