Volume 102 - Issue 1 Georgetown Law Journal

Federal Circuit Case Selection at the Supreme Court: An Empirical Analysis

What happens to Supreme Court case selection when the Court is deprived of its most potent case-selection tool, the circuit split? The Supreme Court has identified two factors that guide its choice of which cases to hear: a split between the highest state courts or the federal courts of appeals on a matter of federal [...]

Read More :: View PDF

Self-storage Units and Cloud Computing: Conceptual and Practical Problems with the Stored Communications Act and Its Bar on ISP Disclosures to Private Litigants

The Stored Communications Act (SCA), passed by Congress in 1986 as part of the Electronic Communications Privacy Act, has proven to be a controversial piece of legislation. Although other articles have focused on the SCA’s outdated terminology, confusing language, and nonsensical provisions, this Note criticizes the SCA’s prohibition of certain disclosures by Internet service providers [...]

Read More :: View PDF

The Lesser of Two Inefficiencies: An Anticommons Alternative to Perpetual Conservation Easements

This Note examines the efficiency of using an anticommons as an alternative conservation tool in order to avoid perpetual nonuse. Specifically, it compares the anticommons to the conservation easement—the dominant conservation technique—and proposes that an anticommons may be a more efficient preservation mechanism because it does not ensure perpetual nonuse. . . . . View [...]

Read More :: View PDF

Racial Commodification and the Promise of the New Functionalism

This Essay uses the current controversy over the racial self-identification decisions of former Harvard Law Professor Elizabeth Warren as an occasion to explore incipient cultural and legal anxieties about employers’ ability to define race under affirmative action programs. The Essay characterizes Warren’s racial self-identification decisions as proof of what I call “elective race,” a contemporary [...]

Read More :: View PDF

Regulating Tactical Nuclear Weapons

In the coming months and years, the United States and its North Atlantic Treaty Organization (NATO) allies will discuss, and U.S. and Russian Federation negotiators may enter, the next frontier in nuclear arms control: regulating small, “tactical” nuclear weapons. This framework Article is the first squarely on the subject in the legal literature. My core [...]

Read More :: View PDF

Not Taking “No” for an Answer: An Empirical Assessment of Dissents from Denial of Rehearing En Banc

In recent years, academics and jurists alike have debated the propriety of publishing dissents from orders denying rehearing en banc (DDRs). Proponents contend that DDRs constitute a highly useful contribution to legal discourse, while critics argue that DDR authors inappropriately act as advocates rather than jurists, interposing themselves in cases they have not been called [...]

Read More :: View PDF

Rebalancing the Fourth Amendment

Fourth Amendment decisions primarily rely on balancing tests. None of these tests account for the fundamental flaw that skews the balance in these cases. The Fourth Amendment aims to protect the privacy of all individuals against government intrusion but is always presented to courts by a criminal defendant whose hands are dirty. Thus, when a [...]

Read More :: View PDF