Print Issues

Note From The Editor-in-Chief

Peter A. Tucker
32 GEO. MASON L. REV.

The Senate and the Courts: Constitutional Bulwarks Against Majoritarianism

The Honorable Mitch McConnell
32 GEO. MASON L. REV. 1

Restoring the Republic: Antonin Scalia, Limited Government, and Public Life

The Honorable Mike Johnson
32 GEO. MASON L. REV. 7

Solving General and Specific Intent: A Mapping on the MPC and Applications to the Categorical Approach

Dinis Cheian
32 GEO. MASON L. REV. 13

Abstract. The terms “general intent” and “specific intent” are riddled with confusion that has persisted in both federal courts and academia. For the first time, this Article will alleviate this confusion by translating the two terms to the clearer and better-understood mens rea defined in the …

Adjudication Hiding in Plain Sight: Rethinking Standing in Rulemaking Petition Cases

Gwendolyn Savitz
32 GEO. MASON L. REV. 57

Abstract. Traditional standing doctrine places well-known and strict limits on the ability of third parties to challenge agency rules. However, courts are misapplying this test when faced with a challenge to the denial of a petition for rulemaking, a fundamentally different type of agency …

Patent Textualism

David O. Taylor
32 GEO. MASON L. REV. 105

Abstract. The Supreme Court today embraces textualism—the practice of interpreting legal text by reference to how an ordinary person would have understood that text at the time it was promulgated. Yet, when it comes to patent cases at the Court interpreting the statutory provision governing …

Drawing Representation from Taxation: A Tax-Based Approach to Redistricting

Jacob M. Hooper
32 GEO. MASON L. REV. 147

Abstract. The Supreme Court’s 2023 Allen v. Milligan decision upheld Thornburg v. Gingles from 1986. Gingles established preconditions creating majority-minority districts to protect a minority population’s voting rights. This Comment will argue that the Gingles preconditions fail to produce fair…

Pork and Windmills: Extraterritoriality Is Dead and Cannot Be Deployed to Invalidate Renewable Portfolio Standards

Adam Marks
32 GEO. MASON L. REV. 189

Abstract. As commonly understood, the U.S. Supreme Court has interpreted the Commerce Clause to include a “dormant” component which prevents states from enacting laws that discriminate against or substantially burden interstate commerce. Through a less frequently explored strand of Dormant …

Finding Eden in a Cost-Benefit State

Ori Sharon
27 GEO. MASON L. REV. 571

The 2023 Merger Guidelines and Coordinated Effects: Recommendations for Robust Protection of Competition

Margaret C. Levenstein & Valerie Y. Suslow
31 GEO. MASON L. REV. 999

Abstract. The 2023 Merger Guidelines include new criteria for evaluating proposed mergers for potential coordinated effects. This Article will examine lessons from explicit collusion to inform the implementation of these guidelines. Anticompetitive coordination has occurred throughout history in …

Print Issues

Volume

Issue