Defining Disclosure in a Digital Age: Updating the Privacy Act for the Twenty-First Century
Jonathan C. Bond · August 2008 76 GEO. WASH. L. REV. 1232 (2008) For most unsuccessful administrative plaintiffs, losing on appeal is the end of a long and arduous ordeal. For John Doe, however, the decision of the administrative agency denying his claim for work-related health benefits was only the beginning of his troubles. Like... Read More
Outsourcing Is Not Our Only Problem
Richard J. Pierce, Jr. · August 2008 76 GEO. WASH. L. REV. 1216 (2008) Paul Verkuil’s new book, Outsourcing Sovereignty, is an important contribution to the debate about the appropriate roles of public agencies and private contractors in governing the nation. Verkuil begins by tracing the modern history of the trend toward privatization of governmental... Read More
A Problem of Remedy: Responding to Treasury’s (Lack of) Compliance with Administrative Procedure Act Rulemaking Requirements
Kristin E. Hickman · August 2008 76 GEO. WASH. L. REV. 1153 (2008) The Treasury Department (“Treasury”) promulgates hundreds of regulations interpreting the Internal Revenue Code (“I.R.C.”). In a recent article, I outlined and documented empirically why, under general principles of administrative law, a substantial percentage of Treasury regulations interpreting the I.R.C.—more than forty percent... Read More
From Takeover to Merger: Reforming Administrative Law in an Age of Agency Politicization
David J. Barron · August 2008 76 GEO. WASH. L. REV. 1095 (2008) The Reagan administration’s aggressive efforts to deregulate the national economy touched off a sharp debate over the proper relationship between the White House and the federal bureaucracy—and that debate continues to this day. Peter Strauss’s foreword last year directly joined it by... Read More
A Reply to The Right of Reply
Stephen Gardbaum · June 2008 76 GEO. WASH. L. REV. 1065 (2008) I want to start by thanking Professor Youm for an interesting and instructive account of the right of reply in international and comparative constitutional law. In this brief comment on his article,1 I aim to do three things: (1) clarify how more general... Read More
The Right of Reply and Freedom of the Press: An International and Comparative Perspective
Kyu Ho Youm · June 2008 76 GEO. WASH. L. REV. 1017 (2008) In rejecting the right of reply as incompatible with the First Amendment, Justice Byron White of the U.S. Supreme Court stated in 1974: “We have learned, and continue to learn, from what we view as the unhappy experiences of other nations where... Read More
Power Withour Responsibility: Intermediaries and the First Amendment
Rebecca Tushnet · June 2008 76 GEO. WASH. L. REV. 986 (2008) At least since Alexander Meiklejohn wrote that “[w]hat is essential is not that everyone shall speak, but that everything worth saying shall be said,” First Amendment theorists have debated the implications of speaker-focused versus audience-focused theories of free speech. Jerome Barron’s classic article... Read More
New Media in Old Bottles? Barron’s Contextual First Amendment and Copyright in the Digital Age
Neil Weinstock Netanel · June 2008 76 GEO. WASH. L. REV. 952 (2008) In his seminal 1967 article, Access to the Press—A New First Amendment Right, Jerome Barron argued that First Amendment doctrine is predicated on the unrealistic, romantic notion that speakers share a rough equality of opportunity to compete in the marketplace of ideas.... Read More
Media Access: A Question of Design
Jack M. Balkin · June 2008 76 GEO. WASH. L. REV. 933 (2008) I turned to Jerome Barron’s classic article on First Amendment rights of access to the press just as a story appeared in the newspapers. Many political organizations now use a technology called short message service, more colloquially called text messaging, to reach... Read More
Hohfeld’s First Amendment
Frederick Schauer · June 2008 76 GEO. WASH. L. REV. 914 (2008) The First Amendment guarantees “the freedom of speech [and] of the press,” but what exactly is the freedom that the First Amendment guarantees and that the First Amendment prohibits Congress (and, now, the states) from abridging? What kinds of rights, structurally and not... Read More