Welcome to The Georgetown Law Journal Online

The Georgetown Law Journal Online, like the Journal, is a general legal publication that contains more informal blog posts as well as formal responses to in-print scholarship, scholarly... Read More

Upending a Global Debate: An Empirical Analysis of the U.S. Supreme Court’s Use of Transnational Law to Interpret Domestic Doctrine

Over the last ten years, judges, scholars, and policy makers have argued— quite vehemently at times—about whether U.S. courts should use transnational sources of law to interpret domestic legal doctrine... Read More

Monopolization Through Patent Theft

This Article explores how courts have created antitrust immunity for patent theft and why this rule is mistaken. Part I introduces basic antitrust concepts, including the antitrust cause of action for... Read More

On the Problem of Legal Change

Identifying legal change is an ordinary part of legal decisionmaking, but participants in those decisions regularly focus on different measures. A version of the problem arises when one observer points... Read More

The Law of “Not Now”: When Agencies Defer Decisions

Administrative agencies frequently say “not now.” They defer decisions about rulemaking or adjudication, or decide not to decide, potentially jeopardiz- ing public health, national security, or other... Read More

A Sentencing Commission for the Administrative State?

Since the 1980s, oversight of punishment in the federal criminal system has been centralized. A single body, the Sentencing Commission, regulates criminal punishment through the Sentencing Guidelines.... Read More

The Eagle and the Hare: U.S.–Chinese Relations, the Wolf Amendment, and the Future of International Cooperation in Space

On July 20, 1969, the Apollo 11 lunar module, Eagle, landed on the moon, definitively ending the space race with the Soviet Union and signaling what was hoped to be a bright new dawn for humanity. In... Read More

Educational Empowerment: A Child’s Right to Attend Public School

Josh Powell was fourteen years old when he realized he was falling behind academically. Homeschooled under Virginia’s religious exemption statute, Powell had never seen the inside of a classroom,... Read More

Skin in the Game: The Promise of Contingency-Based M&A Fees

In February 2000, The American Lawyer reported that the venerable law firm of Cravath, Swaine & Moore (Cravath) entered into an agreement to help its client, Time Warner Inc. (Time Warner), merge... Read More

Rulemaking as Legislating

The central premise of the nondelegation doctrine prohibits Congress from delegating its Article I legislative powers. Yet Congress routinely delegates to agencies the power to promulgate legislative... Read More

Military Courts and Article III

Few areas of the Supreme Court’s federal courts jurisprudence raise as many questions—and provide as few coherent answers—as the permissible scope of Congress’s power to invest the “judicial... Read More

Testing Tribe’s Triangle: Juries, Hearsay, and Psychological Distance

Since its inception, evidence policymakers have vacillated with respect to whether the rule barring hearsay evidence at trial is a doctrine designed to promote decisional accuracy or a doctrine designed... Read More

Law and the Art of Modeling: Are Models Facts?

In 2013, the Supreme Court made the offhand comment that empirical models and their estimations or predictions are not “findings of fact” deserving of deference on appeal. The four Justices writing... Read More

Rulemaking as Legislating

The central premise of the nondelegation doctrine prohibits Congress from delegating its Article I legislative powers. Yet Congress routinely delegates to agencies the power to promulgate legislative rules—rules that carry the force and effect of law just as statutes do. Given this tension between the nondelegation doctrine and the modern regulatory state, some scholars have attacked the nondelegation doctrine as […]

Read More :: View PDF

Military Courts and Article III

Few areas of the Supreme Court’s federal courts jurisprudence raise as many questions—and provide as few coherent answers—as the permissible scope of Congress’s power to invest the “judicial [p]ower of the United States” in actors other than judges who enjoy Article III’s tenure and salary protections, and, in the case of criminal trials, to do so without the protections […]

Read More :: View PDF

Testing Tribe’s Triangle: Juries, Hearsay, and Psychological Distance

Since its inception, evidence policymakers have vacillated with respect to whether the rule barring hearsay evidence at trial is a doctrine designed to promote decisional accuracy or a doctrine designed to promote procedural justice. To the extent that policymakers view the rule barring hearsay evidence as promoting decisional accuracy, the rationale for this view stems from the “testimonial triangle” promulgated by […]

Read More :: View PDF

Law and the Art of Modeling: Are Models Facts?

In 2013, the Supreme Court made the offhand comment that empirical models and their estimations or predictions are not “findings of fact” deserving of deference on appeal. The four Justices writing in dissent disagreed, insisting that an assessment of how a model works and its ability to measure what it claims to measure are precisely the kinds of factual […]

Read More :: View PDF

The Eagle and the Hare: U.S.–Chinese Relations, the Wolf Amendment, and the Future of International Cooperation in Space

On July 20, 1969, the Apollo 11 lunar module, Eagle, landed on the moon, definitively ending the space race with the Soviet Union and signaling what was hoped to be a bright new dawn for humanity. In December 2013, the Chinese Yutu (Jade Rabbit) lunar rover touched down on the moon, making China only the third country to successfully […]

Read More :: View PDF

Educational Empowerment: A Child’s Right to Attend Public School

Josh Powell was fourteen years old when he realized he was falling behind academically. Homeschooled under Virginia’s religious exemption statute, Powell had never seen the inside of a classroom, taken a standardized test, or had his work reviewed by a licensed teacher. Neither the state nor the local school board imposed any requirements on his parents’ homeschool program, and no […]

Read More :: View PDF

Skin in the Game: The Promise of Contingency-Based M&A Fees

In February 2000, The American Lawyer reported that the venerable law firm of Cravath, Swaine & Moore (Cravath) entered into an agreement to help its client, Time Warner Inc. (Time Warner), merge with American Online (AOL). Normally, such an engagement would not be news. In 2013, for example, Cravath was legal counsel on fifty-four mergers totaling $144 billion dollars […]

Read More :: View PDF