Rates of Dismissal in FTC Competition Cases from 1950–2011 and Integration of Decision Functions
Nicole Durkin · September 2013 81 GEO. WASH. L. REV. 1684 (2013) Congress created the Federal Trade Commission (“FTC”) to be an independent and expert body that would enforce competition law by both bringing and adjudicating complaints against violators. Since the FTC’s creation, however, commentators have questioned whether housing these two functions in the same... Read More
Tipping the Scales: Judicial Encouragement of a Legislative Answer to FTC Authority over Corporate Data-Security Practices
David J. Bender · September 2013 81 GEO. WASH. L. REV. 1665 (2013) For the first time in more than a decade of data-security enforcement actions under section 5 of the Federal Trade Commission Act, a corporation has decided to litigate the nature and extent of the Federal Trade Commission’s (“FTC”) authority over corporate data-security... Read More
Privacy in Europe: Initial Data on Governance Choices and Corporate Practices
Kenneth A. Bamberger; Deirdre K. Mulligan · September 2013 81 GEO. WASH. L. REV. 1529 (2013) As this Article goes to press, the European Union is embroiled in debates over the contours of a proposed new privacy regulation. These efforts, however, have lacked critical information necessary for reform. For, like privacy debates generally, they focus... Read More
Direct Republicanism in the Administrative Process
David J. Arkush · September 2013 81 GEO. WASH. L. REV. 1458 (2013) This Article offers a new response to an old problem in administrative law: how to secure sound, democratically legitimate policies from unelected regulators. The question stems from a principal-agent problem inherent in representative forms of government—the possibility that government officials will not... Read More
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