Mark Bartholomew & John Tehranian · January 2013 81 GEO. WASH. L. REV. 1 (2013) Intellectual property regimes operate in the shadow of the First Amendment. By deeming a particular activity as infringing, the law of copyright, trademark, and the right of publicity all limit communication. As a result, judges and lawmakers must delicately balance... Read More

Stephen E. Sachs · November 2012 80 GEO. WASH. L. REV. 1813 (2012) The Constitution is often said to leave important questions unanswered. These include, for example, the existence of a congressional contempt power or an executive removal power, the role of stare decisis, and the scope of state sovereign immunity. Bereft of clear text,... Read More

Maeva Marcus · November 2012 80 GEO. WASH. L. REV. 1794 (2012) Eleven of the first twelve Justices to serve on the Supreme Court participated in the creation and ratification of the Constitution. Their active participation in the constitutional process shaped their perspectives of both federal law and the Constitution. Through a series of examples,... Read More

John F. Manning · November 2012 80 GEO. WASH. L. REV. 1753 (2012) Max Farrand’s Records of the Federal Convention of 1787 shed light on the intricacies of the debates of the framers over the text of the Constitution. They do not, however, provide authoritative evidence of constitutional meaning. The Philadelphia Convention, after all, was... Read More

Gregory E. Maggs · November 2012 80 GEO. WASH. L. REV. 1707 (2012) Judges, lawyers, scholars, and others often cite the records of the Federal Constitutional Convention of 1787 as a source of the original meaning of the Constitution. This Article provides guidance regarding this practice. The Article describes the Convention and the records of... Read More

Jamal Greene · November 2012 80 GEO. WASH. L. REV. 1683 (2012) This Article seeks to situate the constitutional culture’s heavy reliance on the Convention debates within an academic environment that is generally hostile to original intent arguments. The Article argues that intentionalist-friendly sources like the Convention records and The Federalist remain important not because... Read More

Mary Sarah Bilder 80 Geo. Wash. L. Rev. 1620 The official records of the Constitutional Convention of 1787 have been neglected and dismissed by scholars for the last century, largely to due to Max Farrand’s criticisms of both the records and the man responsible for keeping them—Secretary of the Convention William Jackson. This Article disagrees... Read More