Print Issues

“Passing a Complete Code”: The Framers’ Failed Effort to Nationalize Contract Law

  • Austin R. Nelson
  • 33 GEO. MASON L. REV. 39
That contract law is generally state law is well-accepted. Students mostly study state law, lawyers mostly cite state law, and judges mostly apply state law. Federal contract law exists, but as the Erie doctrine teaches, it is rarely relevant and applies in very few circumstances (e.g., government p

The Common Law Powers of the Presidency

  • Harold J. Krent
  • 33 GEO. MASON L. REV. 1
The Supreme Court this past term curbed administrative agencies’ ability to conduct enforcement actions before administrative tribunals, increased the ability of regulated entities to challenge regulations in court, and limited the deference that agencies previously received for their interpretation

Polyphonic AI Regulation

  • Daryl Lim
  • 32 GEO. MASON L. REV. 745
This Article will advance a polyphonic framework for regulating generative artificial intelligence (“AI”) by integrating four legal regimes—antitrust, copyright, the right of publicity, and information privacy—thereby offering a distinct normative perspective on AI’s impact. As generative AI systems

Generative AI: When Fair Use Becomes Unfair Competition

  • Kristian Stout, Ben Sperry, & Subiksha Ramakrishnan
  • 32 GEO. MASON L. REV. 779
The rise of artificial intelligence (“AI”) systems trained on large datasets, which often include copyrighted works, has led to thorny questions of how to apply intellectual property law in this developing space. Around the world, policymakers have been considering different approaches to striking a

In Lieu of an Equitable Charitable Deduction: Artists, Tax Law, and the Donation Of Art

  • Catherine Hartmann
  • 32 GEO. MASON L. REV. 817
An artist donates her work to a museum. A collector of the artist’s work also donates one of the artist’s works to the museum. The collector may receive a meaningful tax benefit; the artist will not. When

The Buffer Zone: Using Mental Health Detentions as an Alternative to Arresting Victims of Human Trafficking

  • Jacob Pintar
  • 32 GEO. MASON L. REV. 847
This Comment will propose a novel approach for law enforcement to separate human trafficking victims from their perpetrators without the need to arrest those victims. Suggesting a more aggressive use of mental health detention processes, this Comment will argue that a mental health detention allows

Anderson, Algorithms, and Section 230 After NetChoice: The Risk of a New Moderator’s Dilemma

  • Jennifer Huddleston
  • 32 GEO. MASON L. REV. 727
The 2024 Supreme Court decision in Moody v. NetChoice and NetChoice v. Paxton (collectively referred to as the NetChoice cases) was widely lauded as a significant victory for free speech rights. All nine Justices of the Court agreed in remanding the decisions below back

Use Restrictions on Tax-Exempt Bonds To Religious Nonprofits

The Supreme Court’s 2022 Carson v. Makin decision rejected the status-use distinction, which allowed states to restrict public aid to otherwise eligible recipients based on religious use but not religious status. That rejection calls into question the constitutionality of states’ use-based restricti

After CON: What Happens When States Repeal or Modify Their Certificate of Need Requirements in Health Care?

  • Matthew Mitchell & Stephen Slivinski
  • 32 GEO. MASON L. REV. F. 627
In about two-thirds of states, health care providers wishing to open or expand their facilities must first prove that their community needs the service in question. Long a subject of interest to health economists and other researchers, these certificate-of-need requirements began to attract more pub

Unleashing Opportunity in Healthcare

Healthcare is not only vital for people’s basic well-being, it’s the way that many people earn a living. But a thicket of anti-competitive laws stands in the way of both better healthcare services and economic opportunity. From those simply wishing to earn a living selling hearing aids to those