Make Time for Equal Time: Can the Equal Time Rule Survive a Jon Stewart Media Landscape?
Jonathan D. Janow · June 2008 76 GEO. WASH. L. REV. 1073 (2008) In 2003, when Arnold Schwarzenegger announced his candidacy for governor of California on The Tonight Show with Jay Leno, he opened the door to a wide-open gubernatorial race consisting of 135 candidates. Most candidates did not receive such welcome treatment by the... Read More
No Time for Equal Time: A Comment on Professor Magarian’s Substantive Media Regulation in Three Dimensions
Ellen P. Goodman · June 2008 76 GEO. WASH. L. REV. 897 (2008) The resurgent support for the fairness doctrine, which Professor Magarian thoughtfully explores in his symposium contribution Substantive Media Regulation in Three Dimensions, reflects a justifiable and deeply held dissatisfaction with the state of American media. Many believe that American media are overly... Read More
Substantive Media Regulation in Three Dimensions
Gregory P. Magarian · June 2008 76 GEO. WASH. L. REV. 845 (2008) From the dawn of broadcasting until the late 1980s, the federal government vigorously employed substantive media regulations—legal guidelines about the substance of programming—to try to ensure that the broadcast industry would serve the public interest. The most familiar element of substantive broadcast... Read More
Access Reconsidered
Jerome A. Barron · June 2008 76 GEO. WASH. L. REV. 826 (2008) Like old soldiers, old law review articles usually just fade away. This one didn’t. In a remarkable speech at this symposium, Justice Breyer engaged with the issues raised in the Access to the Press paper as if it had been written yesterday.... Read More
Introductory Remarks
The Honorable Stephen G. Breyer · June 2008 76 GEO. WASH. L. REV. 819 (2008) I am happy to be here to help open this symposium and to celebrate Professor Barron’s fine article. There is, of course, much to admire in Professor Barron’s work. One of its many virtues is that it engages with the... Read More
Balancing Rehabilitation and Punishment: A Legislative Solution for Unconstitutional Juvenile Waiver Policies
Jennifer Park · April 2008 76 GEO. WASH. L. REV. 786 (2008) Nathaniel and Andy’s cases are useful for understanding the delicate balance each state must strike in its juvenile justice system between rehabilitation and punishment. Nathaniel’s case illustrates the rehabilitative side, revealing the benefit of individualizing these decisions and providing juvenile dispositions where possible.... Read More
New Threats, Old Problems: Adhering to Brandenburg’s Imminence Requirement in Terrorism Prosecutions
Elisa Kantor · April 2008 76 GEO. WASH. L. REV. 752 (2008) Under the government’s preemptive approach, federal prosecutors have taken a closer look at the role of the Muslim cleric in terrorist conspiracies. Officials believe that fundamentalist imams may play a central role in the creation of terrorist schemes by providing guidance and instruction... Read More
High Schools Are Not Highways: How Dole Frees States from the Unconstitutional Coercion of No Child Left Behind
Michael D. Barolsky · April 2008 76 GEO. WASH. L. REV. 725 (2008) In 2002, President Bush signed the No Child Left Behind (“NCLB”) Act into law, taking unprecedented steps to set and enforce a national education policy for state primary and secondary public school systems.14 NCLB is the latest revision to the Elementary and... Read More
Cleaning Up for Congress: Why Courts Should Reject the Presumption of Severability in the Face of Intentionally Unconstitutional Legislation
C. Vered Jona · April 2008 76 GEO. WASH. L. REV. 698 (2008) Congress passing a law regulating abortion is not surprising. Nor is it surprising that President Bush signed the statute into law. Even less surprising, perhaps, is that the law was immediately challenged in three federal courts as unconstitutional under the Supreme Court’s... Read More
Severability as Judicial Lawmaking
David H. Gans · April 2008 76 GEO. WASH. L. REV. 639 (2008) Severability doctrine has been with us since the beginnings of judicial review, yet it remains shrouded in mystery. The doctrine is simple enough to state: it allows a court to excise any unconstitutional clauses or applications from a statute, leaving the remainder... Read More