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Devil is in the Details: Interpreting Counterterrorism Legislation to Avoid an Unconstitutional Result
Patrick Griffo   •   29 GEO. MASON L. REV.
Abstract. Policies surrounding terrorism and free speech are incredibly nuanced, yet the material threat of online terrorism is painfully stark. Congressional efforts to draft legislation addressing online domestic terrorist content have encountered First Amendment issues: regulatory and ...
How Far Is Too Far: An Analysis of the Abduction Sentencing Enhancement as Applied in Robbery Cases
Caleb Peery   •   29 GEO. MASON L. REV.
Abstract. The United States Sentencing Guidelines were created to reduce wide criminal sentencing disparities by making federal sentencing fairer and more certain. The Sentencing Guidelines Manual attempts to achieve this goal by listing all federal offences and assigning each of them an...
For Geofences: An Originalist Approach to the Fourth Amendment
Reed Sawyers   •   29 GEO. MASON L. REV.
Abstract. Law enforcement use of a new investigative technique known as a “geofence query” to identify criminal suspects is expanding at an explosive pace, with Google alone now receiving more than 200 such requests a week. Geofence queries consist of requests that companies query user location...
A Right to Privacy for Modern Discovery
Allyson Haynes Stuart   •   29 GEO. MASON L. REV.
Abstract. In recent years, the Supreme Court found that a person has a Fourth Amendment right to privacy in historical cell phone records and GPS information because the nature of these records chronicles their users’ lives. The Court found that these technologies implicate privacy despite the...
Charting a Course Past Spokeo and TransUnion
Elizabeth Earle Beske   •   29 GEO. MASON L. REV.
Abstract. The Supreme Court’s 5–4 decision in TransUnion LLC v. Ramirez has dramatically upended standing doctrine, apparently out of concern that any other move will invite congressional manipulation and give rise to even greater evils. The Court has done so at considerable cost...
Benefits of the Invention and Social Value in Patent Law
Andrew C. Michaels   •   29 GEO. MASON L. REV.
Abstract. Traditionally, patent law purports to rely on the market to assess the extent of an invention’s value. The underlying theory is that as long as the basic requirements for the patent are met, the patent is granted, and the patentee is given the right to exclude; the value of that right...
Why Carr v. Saul Should Signal the End of Common Law Issue Exhaustion in Inquisitorial Proceedings
Jon C. Dubin   •   29 GEO. MASON L. REV.
Abstract. In April 2021, the Supreme Court in Carr v. Saul unanimously held that claimants need not have raised an Article II Appointments Clause challenge to the appointment of their administrative law judges (“ALJs”) at the Social Security Administration’s (“SSA”) hearing stage to preserve...
Piracy on the Internet High Seas: Using Hostis Humani Generis to Combat Cybercriminals
Brandon T. Parker   •   29 GEO. MASON L. REV.
Abstract. Society has integrated the internet into the fabric of everyday life, blurring the line between physical reality and the cyber world. As a result, society’s dependence on the internet has opened the way for new cyber-based crimes. However, each state relies on several jurisdictional...
All Work and No Play: Why the “Play in the Joints” Doctrine Must Be Revived to Preserve State Autonomy
Zach Kobokovich   •   29 GEO. MASON L. REV.
In 2020, the United States Supreme Court delivered a verdict constituting a significant win for advocates of school choice and public funding for private religious education. In Espinoza v. Montana Department of Revenue, the Court found that the Montana Supreme Court’s...
Majoritarian Judicial Review: Deference and the Political Construction of Judicial Power
Joseph Daniel Ura   •   29 GEO. MASON L. REV.
A pair of nested questions frames this symposium. First, does the “Will of the People” exist and if so, to what extent?And second, what does the answer to that question have to say for judicial deference to the political branches on questions of constitutionality? This Essay focuses on the second. .