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Reclaiming Our Time: Ending the Use of Employment Contracts that Shorten the Statute of Limitations for Title VII Discrimination Claims

Andrea J. Johnson
31 GEO. MASON L. REV. 725 (2024)

Abstract. Title VII was passed to eradicate workplace discrimination because of race, color, religion, sex, and national origin. The statute’s enforcement provisions describe a detailed enforcement scheme and three-part limitations period, utilizing the Equal Employment Opportunity Commission …

The First Amendment Speech Rights of College Student-Athletes

Todd E. Pettys
31 GEO. MASON L. REV. 781 (2024)

Abstract. The First Amendment rules for resolving free-speech claims brought by student-athletes are remarkably murky. Defendants sometimes win on the defense of qualified immunity because there is no clearly established law for circumstances like those presented, and when courts do reach the …

State-Federal Borrowing in Statutory Interpretation

Zachary B. Pohlman
31 GEO. MASON L. REV. 839 (2024)

Abstract. State courts get to say finally what state statutes mean. One might think, given the ferocity with which state courts guard their role as the ultimate expositors of state law, that state courts would forge a path of interpretive independence, gladly shirking what federal courts have to …

The Court Continues to Confuse Standing: The Pitfalls of Faux Article III “Originalism”

Robert J. Pushaw, Jr.
31 GEO. MASON L. REV. 893 (2024)

All Bark and No Bite: Why Extreme Judicial Deference Is the Wrong Test for Challenges to Occupational Licensing Laws

Will Campbell
31 GEO. MASON L. REV. 935 (2024)

Abstract. Over the course of the twentieth century, occupational licensing laws expanded from obvious industries, such as healthcare and law, to industries with seemingly little impact on the health, safety, and welfare of the community. Lenient judicial review of these regulations aids the …

Who’s Got Mail? The Fourth Amendment Impact of Pseudonyms

Timothy S. Iversen
31 GEO. MASON L. REV. 961 (2024)

Abstract. Drug dealers have been using the federal government as their delivery partner for decades. When doing so, dealers frequently place pseudonyms on packages containing their drugs to avoid being associated with the evidence of their crimes. Federal circuit courts of appeals have disagreed …

On the Interpretive Foundations of the Administrative Procedure Act

Aditya Bamzai
31 GEO. MASON L. REV. 439 (2024)

Abstract. The Administrative Procedure Act’s standard-of-review provision instructs reviewing courts to “decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action,” and to set aside agency …

Chevron and Stare Decisis

Kent Barnett & Christopher J. Walker
31 GEO. MASON L. REV. 475 (2024)

Abstract. In our contribution to this Chevron on Trial Symposium, we argue that the Supreme Court should not overrule Chevron in Loper Bright Enterprises v. Raimondo and its companion case Relentless v. Department of Commerce. We based our argument largely on statutory stare decisis …

Lower Courts After Loper Bright

Lisa Schultz Bressman
31 GEO. MASON L. REV. 499 (2024)

Abstract. This Symposium contribution will offer a prediction: If Loper Bright Enterprises v. Raimondo overrules or ousts Chevron, the decision may have less practical effect in the lower courts than we might expect. In most cases, reviewing courts will continue to ask whether the relevant …

The Meaning of “Silence”

Caroline Cecot
31 GEO. MASON L. REV. 515 (2024)

Abstract. In 1984, a unanimous Supreme Court agreed that “it matters not” for judicial purposes why Congress did not elaborate on some specific question of implementation; the Court will leave the resolution to reasonable agency interpretation so long as the question is within the scope of the …

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