The Impacts of McIntyre on Minimum Contacts
Alan B. Morrison · September 2011 80 GEO. WASH. L. REV. ARGUENDO (2011) The Supreme Court’s June 2011 decision in J. McIntyre Machinery, Ltd. v. Nicastro seriously unsettles the law of personal jurisdiction in suits against manufacturers of dangerous products that are delivered, through a distributor, to the jurisdiction where the product harmed a person... Read More
The Timing of Minimum Contacts After Goodyear and McIntyre
Todd David Peterson · September 2011 80 GEO. WASH. L. REV. ARGUENDO (2011) The Supreme Court has never articulated a reason why the “minimum contacts” test, which determines whether a defendant’s contacts with a forum are sufficient to subject it to in personam jurisdiction there, is required by the Due Process Clause, or why the Due Process... Read More
Volume 80, Issue 2 in Print
We are pleased to announce that the second issue of Volume 80 is now out in print. The lead piece for Issue 2 is “Direct (Anti-)Democracy,” by Professor Maxwell Stearns. This Article develops the complex argument that democratic decisionmaking embraces a set of tradeoffs based on the process used, ranging from legislative representation to appellate... Read More
Policing the Police: Freedom of the Press, the Right to Privacy, and Civilian Recordings of Police Activity
Marianne F. Kies · November 2011 80 GEO. WASH. L. REV. 274 (2011) In recent years, the proliferation of miniature recording devices and free video-sharing websites has led to a dramatic increase in citizen journalism. The effect of this development is clearest in the context of civilian recordings of police activity, particularly in instances of... Read More
Don’t Let Them Bite: Defining the Responsibilities of Landlords and Tenants in the Event of a Bedbug Infestation
Samuel R. Gilbert · November 2011 80 GEO. WASH. L. REV. 243 (2011) Bedbug infestations are becoming a national crisis. The bugs are difficult to detect and inflict psychological, physical, and financial harm on their human victims. Infestations can quickly grow and spread to new areas, especially in the multiunit apartment setting. The common law... Read More
The Timing of Minimum Contacts After Goodyear and McIntyre
Todd David Peterson · November 2011 80 GEO. WASH. L. REV. 202 (2011) The Supreme Court has never articulated a reason why the “minimum contacts” test, which determines whether a defendant’s contacts with a forum are sufficient to subject it to in personam jurisdiction there, is required by the Due Process Clause, or why the... Read More
Naming Baby: The Constitutional Dimensions of Parental Naming Rights
Carlton F.W. Larson · November 2011 80 GEO. WASH. L. REV. 159 (2011) This Article provides the first comprehensive legal analysis of parents’ rights to name their own children. Currently, state laws restrict parental naming rights in a number of ways, from restrictions on particular surnames, to restrictions on diacritical marks, to prohibitions on obscenities,... Read More
The Remedy Gap: Institutional Design, Retaliation, and Trade Law Enforcement
Rachel Brewster · November 2011 80 GEO. WASH. L. REV. 102 (2011) One of the major innovations of the World Trade Organization’s (“WTO”) Dispute Settlement Understanding (“DSU”) is the regulation of sanctions in response to violations of trade law. The DSU requires governments to receive multilateral approval before suspending trade concessions and limits the extent... Read More
Against Prejudice
Stephen M. Rich · November 2011 80 GEO. WASH. L. REV. 1 (2011) Contemporary psychology defines prejudice broadly, rejecting traditional views that equate prejudice with hostility and emphasizing the role of unconscious mental processes. A growing number of legal scholars have seized upon this new cognitive account of prejudice as a basis to expand the... Read More
Fair Use Markets: On Weighing Potential License Fees
Wendy J. Gordon · September 2011 79 GEO. WASH. L. REV. 1814 (2011) This Article focuses on a judicial contribution to copyright’s rhetorical evolution, namely, the Second Circuit’s invention of the concept known as “fair use markets.” The fair use doctrine enables the public to engage in uses of copyrighted works that would otherwise constitute... Read More