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

A Military Justice Solution in Search of a Problem: A Response to Vladeck

In “Military Courts and Article III,” our colleague and fellow law professor Steve Vladeck has made an original and important contribution to the literature on the interaction of military tribunals... Read More

Measuring How Stock Ownership Affects Which Judges and Justices Hear Cases

Under the federal judicial recusal rules, judges and justices who directly own stock in companies must recuse themselves in cases involving those companies. However, there has been little effort to measure... Read More

Death Penalty Drugs and the International Moral Marketplace

Across the country, executions have become increasingly problematic as states have found it more and more difficult to procure the drugs they need for lethal injection. At first blush, the drug shortage... Read More

Offensive Disclosure: How Voluntary Disclosure Can Increase Returns from Insider Trading

Can voluntary disclosure be used to enhance insiders’ insider-trading profits while providing legal cover? We investigate this question in the context of Rule 10b5-1 trading plans. Prior literature... Read More

A Statute by Any Other Name Might Smell Less Like S.P.A.M., or, The Congress of the United States Grows Increasingly D.U.M.B.

To wit, it appears to have occurred to a number of lobbyists, Hill staffers, Members, and other drafters of legislation that there is something to be gained rhetorically in our American institution of... Read More

Investing in Detroit: Automobiles, Bankruptcy, and the Future of Municipal Bonds

On July 18, 2013, Detroit, Michigan became the largest municipality in United States history to file for bankruptcy. Since the days of Henry Ford, Americans have been investing in Detroit by buying its... Read More

Lessons from the Alien Tort Statute: Jus Cogens as the Law of Nations

This Note considers a judicial practice that identifies jus cogens as the law of nations by evaluating Alien Tort Statute jurisprudence. While it is generally accepted that a norm belonging to jus cogens... Read More

At Least Somewhat Exaggerated: How Reports of the Death of Delaware’s Duty of Care Don’t Tell the Whole Story

In 1985, corporate law underwent a sea-change as the Delaware Supreme Court in Smith v. Van Gorkom found that the directors of Trans Union violated their duty of care when they sold the company... Read More

Criminal Law 2.0 – Preface to the 44th Annual Review of Criminal Procedure

Although we pretend otherwise, much of what we do in the law is guesswork. For example, we like to boast that our criminal justice system is heavily tilted in favor of criminal defendants because we’... Read More

The Legality of Invisibility Technology in Modern Warfare

Imagine having the ability to become invisible by blending perfectly into your surroundings and to move before someone’s eyes completely unseen. No longer is this capability limited to the worlds of... Read More

Patent Conflicts

Patent policy is typically thought to be the product of the Patent and Trademark Office, the Court of Appeals for the Federal Circuit, and, in some instances, the Supreme Court. This simple topography... Read More

Hide Your Health: Addressing the New Privacy Problem of Consumer Wearables

Is your heart rate an intentional communication? The answer may not be clear, but what is certain is that the era of consumer wearable devices is upon us. For the first time in history, consumer devices... Read More

The Third Way 2.0: Evaluating the Title II Reclassification and Forbearance Approach to Net Neutrality

As a Los Angeles Times editor put it, “In essence, the [net neutrality] debate boils down to a question of what freedom online is most worth preserving: the freedom from regulation, or the freedom... Read More

Admin

This Article concerns a relatively unseen form of labor that affects us all, but that disproportionately burdens women: admin. Admin is the office type work—both managerial and secretarial—that... Read More

Cognitive Cleansing: Experimental Psychology and the Exclusionary Rule

The exclusionary rule generally bars the use of illegally obtained evidence in a criminal case, regardless of the defendant’s crime. However, using a combination of doctrinal analysis, social psychology... Read More

Admin

This Article concerns a relatively unseen form of labor that affects us all, but that disproportionately burdens women: admin. Admin is the office type work—both managerial and secretarial—that it takes to run a life or a household. Examples include completing paperwork, making grocery lists, coordinating schedules, mailing packages, and handling medical and benefits matters. Both equity and efficiency are […]

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Patent Conflicts

Patent policy is typically thought to be the product of the Patent and Trademark Office, the Court of Appeals for the Federal Circuit, and, in some instances, the Supreme Court. This simple topography, however, understates the extent to which outsiders can shape the patent regime. Indeed, a variety of administrative actors influence patent policy through the exercise of their regulatory […]

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Cognitive Cleansing: Experimental Psychology and the Exclusionary Rule

The exclusionary rule generally bars the use of illegally obtained evidence in a criminal case, regardless of the defendant’s crime. However, using a combination of doctrinal analysis, social psychology theory, and original experimental data, this Article proposes a more cognitively complicated picture of how the rule may actually operate. In cases of egregious crime that people are highly motivated to […]

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The Third Way 2.0: Evaluating the Title II Reclassification and Forbearance Approach to Net Neutrality

As a Los Angeles Times editor put it, “In essence, the [net neutrality] debate boils down to a question of what freedom online is most worth preserving: the freedom from regulation, or the freedom from interference by [Internet service providers].” Nearly four million comments were filed with the Federal Communications Commission to weigh in on the net neutrality rulemaking […]

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Hide Your Health: Addressing the New Privacy Problem of Consumer Wearables

Is your heart rate an intentional communication? The answer may not be clear, but what is certain is that the era of consumer wearable devices is upon us. For the first time in history, consumer devices are capable of monitoring sensitive vital sign information, and companies are readily collecting an inordinate amount of individual data. These devices are known […]

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The Legality of Invisibility Technology in Modern Warfare

Imagine having the ability to become invisible by blending perfectly into your surroundings and to move before someone’s eyes completely unseen. No longer is this capability limited to the worlds of Harry Potter, comic books, and sci-fi thrillers. Invisibility is the future of military technology. But is invisibility technology a lawful tool of war? The […]

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