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
Justice John Marshall Harlan: Professor of Law
Josh Blackman; Brian L. Frye; Michael McCloskey · July 2013 81 GEO. WASH. L. REV. 1063 (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 became the George Washington University School of Law. For two decades, he... Read More
The Harlan Papers
(on file with the Library of Congress, Manuscript Division, The John Marshall Harlan Papers, 1810-1971) This set of images displays documents from the Library of Congress’s John Marshall Harlan Papers Collection. These images were taken and graciously provided to the George Washington Law Review by Professor Josh Blackman, and are being posted on Arguendo in... Read More
Strengthening Financial Reporting: An Essay on Expanding the Auditor’s Opinion Letter
James D. Cox · April 2013 81 GEO. WASH. L. REV. 1036 (2013) Users of financial statements, foremost of which are investors, have a voracious appetite for information that better enables them to assess the financial position and performance of the reporting firm. Even though financial statements purport to address users’ needs, the statements, which... Read More
Public Governance
Hillary A. Sale · April 2013 81 GEO. WASH. L. REV. 1012 (2013) This Article develops a theory of public governance as a form of publicness by exploring corporate governance and decision making, and developing them with a more textured understanding of the nature of corporations and their role. It does so through the lens... Read More