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Latest posts
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Toward an Alternative Patent Trial and Appeal Board
Eric Frank 94 Geo. Wash. L. Rev. 1274 Congress created the Patent Trial and Appeal Board (“PTAB”) to serve as a cheaper and more efficient alternative to district court patent litigation, but it mistakenly relied on district courts’ voluntary stays of their own proceedings. In…
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Way Off TRAC: Judicial Approaches to Claims of Unreasonable Delay for Visa Applications in Administrative Processing
Charlie Borah 94 Geo. Wash. L. Rev. 1250 Visa applicants who bring claims of unreasonable delay after having their applications placed in administrative processing face varied and disparate approaches within judicial districts and between circuits. Three approaches have…
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Local Officers and Interstate Compacts
Benjamin J. Heidloff 94 Geo. Wash. L. Rev. 1228 The Supreme Court bifurcated its Appointments Clause jurisprudence in Financial Oversight & Management Board for Puerto Rico v. Aurelius Investment, LLC by setting aside Buckley v. Valeo and its progeny as inapplicable to “local…
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Revisiting Presidential Reorganization
Maria Ponomarenko 94 Geo. Wash. L. Rev. 1153 For much of the twentieth century, Congress repeatedly delegated to presidents the authority to “reorganize” the executive branch. Presidents from both parties used this authority to create agencies, consolidate functions, shift…
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Federal Records in Agency Proceedings
Margaret B. Kwoka 94 Geo. Wash. L. Rev. 1089 The federal government holds a vast repository of documents, including records about individuals’ finances, health, interactions with the criminal justice system, immigration histories, and military service. For current or former…
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Proportionality in Administrative Law
Christopher J. Walker 94 Geo. Wash. L. Rev. 1017 In this era of rapid change in administrative law—both at the Supreme Court and from the White House—the foreword to The Law Review’s annual administrative law issue presents a timely opportunity to take stock of the future of…
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Tightening Patent Inducement
October 26, 2026 Hikma Pharma. USA Inc. v. Amarin Pharma, Inc., 608 U.S. 580 (2026) (Jackson, J.) Response by Jasper L. Tran Geo. Wash. L. Rev. On the Docket (Oct. Term 2025) Slip Opinion | SCOTUSblog Tightening Patent Inducement The 2025 Term was the first time in over a decade…
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Of Immigration Enforcement Violence, the FTCA, and the Supreme Court’s Decision in Martin v. United States
Harold J. Krent 95 Geo. Wash. L. Rev. Arguendo 1 Recent high-profile allegations of law enforcement misconduct have increased the importance of the Federal Tort Claims Act (“FTCA”) as a vehicle for remedying and deterring governmental officials’ abuse. This Essay argues that…
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Previews for the 2026 October Term of the Supreme Court – October Sitting
As the 2026 Supreme Court Term begins, the Justices return to the bench to hear a range of consequential cases. This post previews the cases scheduled for argument during the October Sitting, from whether federal law precludes state tort claims against oil and gas companies to…
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Losing Better: A Look at West Virginia v. B.P.J.
September 10, 2026 West Virginia v. B.P.J., 609 U.S. ____ (2026) (Kavanaugh, J.) Response by Naomi Schoenbaum Geo. Wash. L. Rev. On the Docket (Oct. Term 2025) Slip Opinion | SCOTUSblog Losing Better: A Look at West Virginia v. B.P.J. Naomi Schoenbaum* On the last day of the…