Administrative Law, Patents, and Distorted Rules

Sarah Tran · April 2012 80 GEO. WASH. L. REV. 831 (2012) Since 1935, courts have embraced a uniformly lenient approach toward congressional delegations of authority to agencies across different regulatory areas with one notable exception. The U.S. Court of Appeals for the Federal Circuit has crafted its own limitations on the authority of a...
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The Perpetual Corporation

Andrew A. Schwartz · April 2012 80 GEO. WASH. L. REV. 764 (2012) Courts and commentators take for granted that the ultimate objective of a business corporation is long-run profitability, not immediate profits. But a corporation is a creature of statute, so a statutory source for this rule must be found—or it is not really...
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Reconsidering the Separation of Banking and Commerce

Mehrsa Baradaran · February 2012 80 GEO. WASH. L. REV. 385 (2012) This Article examines the long-held belief that banking and commerce need to be kept separate to ensure a stable banking system. Specifically, the Article criticizes the Bank Holding Company Act (“BHCA”), which prohibits nonbanking entities from owning banks. The recent banking collapse has...
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Direct (Anti-)Democracy

Maxwell L. Stearns · February 2012 80 GEO. WASH. L. REV. 311 (2012) Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums tend to produce outcomes that are more (or less) majoritarian, efficient, or solicitous of minority concerns than traditional legislation. Scholars also embrace opposing views on which lawmaking...
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The Case for a Federal Corporate Charter Revocation Penalty

Kyle Noonan · February 2012 80 GEO. WASH. L. REV. 602 (2012) Though American corporations are creations of state law, the federal government predominantly regulates their behavior. This mismatch helps explain both the inadequate deterrence that the current system of criminal sanctions imposes on corporations as well as the unmet social need for retribution. This...
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