Thursday October 23rd 2014

Welcome to the George Mason Law Review

Announcing the 2014-2015 GMLR Board of Editors

March 24, 2014

Congratulations to the 2014-2015 George Mason Law Review Board of Editors:

Editor-in-Chief: Amy S. Josselyn
Executive Editor: Tommy Cumberland
Managing Editor: Christine Kennedy
Production Editor: Alexandra Wolff
Symposium Editor: Jana I. Seidl
Developments Editor: Drew A. Reitz
Senior Articles Editor: Christine E. Ganley
Articles Editor: Brandon Gould
Articles Editor: Jessica Gallinaro
Articles Editor: Daniel H. Smith
Senior Notes Editor: Cameron E. Green
Notes Editor: Claire E. Bourque
Notes Editor:  Matt A. Smith
Notes Editor: Greg Yahr
Senior Research Editor: Heather Mims
Research Editor: Andrew DeMaio
Research Editor: Jesse Jacob McMurdo
Research Editor: Morgan R. Pankow

We would also like to congratulate those selected as 2014-2015 Associate Editors:

Tyler Anne Dever
Alex B. Heller
Andrew Hoffman
Nicholas Lawson
Kristen Petrillo
Nicole Zimbelman

Congratulations to the Members Chosen For Publication

George Mason Law Review is proud to congratulate the following student authors who have been selected for publication in Volume 22, forthcoming for 2014-2015:

Claire BourqueLiability Only, Please – Hold the Damages: The Supreme Court’s New Order for Class Certification

Bryan J. CannonThe Travesty of Patent Opinion Use:  Advancing Leahy-Smith to Fix the Misguided Patent Infringement Enhanced Damages Framework

Andrew DeMaio, Upping the Stakes to Win the War Against Somali Piracy:  Justifications for a New Strategy Based on International Humanitarian Law

Jessica GallinaroMeet Your New Big Brother: Weighing the Privacy Implications of Physical Retail Stores Using Tracking Technology

Christine GanleyReevaluating the Common Law of Foreign Official Immunity:  Ascertaining the Proper Role of the Executive

Brandon GouldHow the Countervailing Power of the Insurers Can Resolve the Tradeoff Between Market Power and Health Care Integration in Accountable Care Organizations

Alex HellerCorporate Death Penalty: Prosecutorial Discretion and the Indictment of SAC Capital

Amy Josselyn, National Security at All Costs:  Why the CFIUS Review Process May Have Overreached Its Purpose

Jesse Jacob McMurdo, All and Nothing:  A Framework to Reconcile the Differences in Constitutional Rights Afforded to Foreign National Contractors Abroad

David Moon, Social Security Disability Determinations in Litigation: Unreliable or Underused?

Congratulations to the New GMLR Full Members

Please join us in congratulating the newest Full Members of the George Mason Law Review:

Claire Bourque
Bryan Cannon
Christine Carter
Thomas Cumberland
Andrew DeMaio
Tyler Dever
Matthew Duescher
Jessica Gallinaro
Christine Ganley
Brandon Gould
Cameron Green
Alex Heller
Andrew Hoffman
Amy Josselyn
Christine Kennedy
Nicholas Lawson
Jesse Jacob McMurdo
Heather Mims
Dan Monahan
David Moon
Morgan Pankow
Kristen Petrillo
Drew Reitz
Samantha Rocci
Jana Seidl
Daniel Smith
Matthew Smith
Alexandra Wolff
Greg Yahr
Nicole Zimbelman

Former GMLR Research Editor Meredith Schramm-Strosser Cited in Federal Court

Former George Mason Law Review Research Editor Meredith Schramm-Strosser’s scholarly examination of the preemptive effects of the Fair Credit Reporting Act is earning notice in the federal courts.

 Judge Messitte of the U.S. District Court in Maryland cited Schramm-Strosser’s student comment in an August 2013 opinion, Davenport v. Sallie Mae, Inc., Civil No. PJM 12-1475, 2013 WL 4010983 (D. Md. Aug. 2, 2013). Separately, a petitioner in a New Jersey case cited the comment in both a cert petition and a reply brief submitted to the U.S. Supreme Court.

Schramm-Strosser (’12) served as a Law Review research editor in 2011-2012. Her comment, entitled “The ‘Not So’ Fair Credit Reporting Act: Federal Preemption, Injunctive Relief, and the Need to Return Remedies for Common Law Defamation to the States,” was published in the Duquesne Business Law Journal in 2012. She currently works in the Labor and Employment practice group at the firm of Joseph, Greenwald & Laake, P.A. representing both employees and employers in a wide range of employment disputes and federal/state whistleblower actions.

GMLR’s Kelsey Wilbanks Nominated for Legal Writing Award

February 11, 2014

George Mason University School of Law has nominated Kelsey B. Wilbanks for the 2014 Burton Award for Distinguished Legal Writing by a Law School Student for her Comment titled “The Challenges of 3D Printing to the Repair-Reconstruction Doctrine in Patent Law.”  This award honors law school students for clear, concise, and comprehensive legal writing.  Kelsey, who serves as a Notes Editor for the George Mason Law Review, had her comment published in Volume 20, Issue Number 4 of the George Mason Law Review.  In her comment, Kelsey explores the difficulty 3D-printing poses for the traditional patent law categories of legal repairs and illegal reconstructions, and argues that the current, complex legal standards will lead to arbitrary litigation between patent-holders and frugal consumers, compelling the Supreme Court to redefine the repair-reconstruction doctrine to accommodate the emergence of 3D printing.  We wish Kelsey the best of luck in this prestigious competition.

Dorsey & McGuire Essay Nominated for Antitrust Writing Award

January 16, 2014

An organization devoted to promoting antitrust scholarship has recognized two recent George Mason law graduates for an essay published last summer in the George Mason Law Review.

 Elyse Dorsey (’12) and former George Mason Law Review Executive Editor Matthew R. McGuire (’12) are among the nominees for an Antitrust Writing Award, through which the Institute of Competition Law and the George Washington University Law School Competition Law Center annually recognize the best scholarship in antitrust and law and economics.

 Their essay, which appeared in the Summer 2013 issue of the Law Review, is entitled “How the Google Consent Order Alters the Process and Outcomes of FRAND Bargaining.” It explores the approaches the Federal Trade Commission and Department of Justice have taken toward the possibility of injunctive relief in the context of standard essential patent negotiation. The essay analyzes the desirability of the agencies’ approaches and examines both the limited evidence of patent holdup in FRAND negotiations and the unintended consequences of disallowing injunctive relief.

 Dorsey and McGuire’s essay can be found on the Law Review’s website HERE. To cast a vote for the piece, visit HERE.

Brief Submitted to SCOTUS Cites Former Law Review Senior Articles Editor Lora Barnhart Driscoll

August 25, 2013

A student comment authored by former George Mason Law Review Senior Articles Editor Lora Barnhart Driscoll received a mention in an amici curiae brief submitted to the U.S. Supreme Court earlier this year.

The brief quoted from Ms. Driscoll’s 2011 article titled, “Citizens United v. Central Hudson: A Rationale for Simplifying and Clarifying the First Amendment’s Protections for Nonpolitical Advertisements.” The article appeared in Volume 19, Issue 1 of the Law Review.

“They actually quoted from a portion of my analysis section, which makes it even more terrific since student pieces are usually only cited for background,” Ms. Driscoll said.

The brief was submitted by a trio of nonprofit organizations advocating the rights of free speech and the press. It sought Supreme Court review of Hunter v. Virginia State Bar, a 2013 case in which the Supreme Court of Virginia ruled that a state bar association did not violate a lawyer’s First Amendment rights when it disciplined him for posting potentially misleading content on a blog. The federal court declined to take up the case.

Ms. Driscoll was a member of the Law Review’s 2011-2012 editorial board. She graduated from George Mason University School of Law in May 2013.

GMLR’s Executive Editor Tim Geverd to Have Two Articles Published

June 27, 2013

Tim Geverd has had two writings selected for publication in two different law journals.  Geverd, who currently serves as George Mason Law Review’s Executive Editor, will see the first of his articles, ”Failure to Warn: The National Hockey League Could Pay the Price for Its Pursuit of Profit at the Expense of Player Safety,”  published in the New York State Bar Association Entertainment, Arts and Sports Law Journal in summer 2013.

“The paper analogizes the NHL’s pursuit of profit at the expense of player safety to the ‘false controversy’ that cigarette companies propagated regarding the addictive nature of cigarettes,” Geverd explains. “In doing so, the paper aims to distinguish the general risks associated with playing contact sports, that participants assume when they play, from particular risks—such as the long-term effects of traumatic brain injuries—that participants do not necessarily assume simply by playing the game. The paper’s ultimate argument is that the NHL could be held liable for failure to adequately warn participants of these particular risks.”

Geverd’s second article will appear in the Veterans Law Review in 2014 and is titled “Of Locke and Valor: Why the Supreme Court’s Decision on United States v. Alvarez Does not Foreclose Congress’s Ability to Protect the Property Rights of Medal of Honor Recipients.” The article discusses the history and importance of military honors, in particular the Medal of Honor, and argues that bona fide Medal recipients earn a property right in the honor and reputation the Medal represents. The article also argues that Congress can do a better job of constitutionally protecting those interests by prohibiting false claim to the Medal in a manner analogous to the constitutionally permissible common law prohibition on commercially appropriating another’s name, likeness, and reputation.

The team at George Mason Law Review would like to congratulate Geverd for his outstanding work in the legal scholarship community.

George Mason Law Review Article Selected for Re-Publication in Land Use and Environmental Law Review

May 23, 2013

In its Spring 2012 Issue, George Mason Law Review published “The Location Market,” co-authored by Daniel B. Rodriguez and David Schleicher.  This article was recently selected for re-publication by Land Use and Environmental Law Review, which selects the best land use and environmental law articles each year.  The team at George Mason Law Review would like to congratulate Rodriguez and Schleicher for their outstanding work in the legal scholarship community.

George Mason Law Review’s Raven Merlau Wins Burton Award for Excellence in Legal Writing

April 29, 2013

For the seventh consecutive year, A George Mason University Law School student has won the Burton Award for excellence in legal writing.  This year, George Mason Law Review’s Raven Merlau was selected for this prestigious honor.  Raven served as Notes Editor for George Mason Law Review in 2012-2013, and her Comment, “The State Giveth and the State Taketh: Constitutional Pension Protections and the Retroactive Removal of Public Pension Tax Exemptions,” was published in George Mason Law Review Issue 19:5.

As a Burton Award winner, Raven has been invited to attend the organization’s 14th annual black-tie presentation of the Burton Awards at a reception and dinner in the Great Hall of the Library of Congress.  Associate Justice Sonia Sotomayor of the U.S. Supreme Court will be presented with the Contemporary Book of the Year in Law Award at the event, which will also feature a performance by Emmy, Grammy, and Tony Award nominee Vanessa Williams.

Liebesman and Wilson Article Wins 2013 Ladas Memorial Award for Trademark Scholarship

April 18, 2013

In Issue 20:1, George Mason Law Review published Yvette Liebesman and Benjamin Wilson’s article, The Mark of a Resold Good.  The International Trademark Association recently selected Liebesman and Wilson’s article as the Winner in the Professional Category of the 2013 Ladas Memorial Award for writing excellence on the subject of trademarks and related matters.  The entire team at George Mason Law Review would like to congratulate Yvette Liebesman and Benjamin Wilson for winning what is regarded as the the top national award in trademark scholarship.

Student comment quoted in recent Alabama Supreme Court dissenting opinion

February 24, 2013

Congratulations to Wesley Weeks, a George Mason Law Review Articles Editor, whose Picking Up the Tab for Your Competitors: Innovator Liability After Pliva, Inc. v. Mensing, 19 Geo. Mason L. Rev. 1257 (2012), was quoted in a recent Alabama Supreme Court dissenting opinion.  The case was Wyeth, Inc. v. Weeks, No. 1:10-cv-602, 2013 WL 135753 (Ala. Feb. 4, 2013), in which the court held that a brand-name manufacturer could be held liable for fraud or misrepresentation based on statements it made in connection with the manufacture of a drug in an action brought by a consumer who was allegedly injured by a generic version of the drug. In a dissenting opinion, Justice Murdock cited Wesley’s comment to support the notion that even proponents of the majority’s outcome concede that such a result is unfair to brand-name manufacturers. The justice’s reliance on Wesley’s work demonstrates the excellence of his comment and George Mason Law Review’s commitment to substantively impacting the legal profession.

Congratulations to the Members Chosen For Publication

February 21, 2013

The George Mason Law Review is proud to congratulate the following student authors who have been selected for publication in the Law Review:

1. Kelsey Wilbanks, If It’s Broke, Fix It: The Future of Low-Cost 3D Printing For Home Objects, and the Need For a Better Patent Law Standard Between Innocent Repair and Infringing Reconstruction (Adrian S. Fisher Award, Best Student Note or Comment)

2. Scott Brooks, Guilty By Reason of Insanity: Why a Malaligned Defense Demands a Constitutional Right of Inquiry on Voir Dire

3. Erin Hoffert, Animal Science and Minn-Chem: A New Era in Interpreting the Foreign Trade Antitrust Improvements Act

4. Lauren Fredericksen, Falling Through the Cracks of Title VII: The Plight of the Unpaid Intern

5. Catherine Wauters, No Alien Left Detained? A Not-So “Specially Dangerous” Exception to the Government’s Limited Detention Authority

6. James McMahon, Section 1983 Causes of Action Under the Contracts Clause of the Constitution

7. Michelle Caton, Form over Fairness: How the Supreme Court’s Misreading of the Federal Arbitration Act Has Left Consumers in a Lurch

8. Corinne Stuart, The Applicability of the Prior Restraint Doctrine to False Advertising Law

9. Martin Desjardins, Ecosystem Services: Unifying Economic Efficiency and Ecological Stewardship via Natural Resource Damage Assessments Under CERCLA

10. Stephen Meli, Do You Have a License To Say That? Occupational Licensing and Internet Speech

Alumni Reception – February 21, 2013

February 18, 2013

Reminder: The Law Review will be hosting our annual Alumni Reception this Thursday (February 21) from 6:30 – 8:30 at Jones Day LLP. If you have any questions or concerns, please do not hesitate to contact our Managing Editor, Abby Uzupis at abbyuzupis@gmail.com. We hope to see you there!

Congratulations to Lisa Goldstein

February 1, 2013

Lisa Goldstein, Associate Editor of the George Mason Law Review, recently received the second-place award in the Association of Securities and Exchange Commission Alumni’s Writing Competition. The award was based on her student Note, The Janus-Faced Supreme Court: The Decision in Janus Capital Group and Implications of the Court’s Third Look at Secondary Liability for Securities Fraud, 20 Geo. Mason L. Rev. 311 (2012). The Association will honor Lisa and the other winners at its annual dinner in February 2013. Congratulations, Lisa!

Fall 2012 Newsletter

November 19, 2012

Please take a moment to read our Fall 2012 newsletter.

Student comment quoted in recent case

September 11, 2012

Congratulations to Chelsea Sizemore, George Mason Law Review’s 2011-2012 Senior Notes Editor, whose Enforcing Islamic Mahr Agreements: The American Judge’s Interpretational Dilemma, 18 Geo. Mason L. Rev. 1085 (2011), was extensively quoted and relied upon in a recent case.  In Soleimani v. Soleimani (Kan. Dist. Ct., Johnson Cty., No. 11CV4668, Aug. 28, 2012), the court based several of its reasons for refusing to enforce an Islamic premarital agreement on information contained in Chelsea’s comment.  The court’s reliance on Chelsea’s work demonstrates the excellence of her scholarship and George Mason Law Review’s commitment to substantively impacting the legal profession.

 

2012 Arthur E. Schmalz Award Winner Announced

September 7, 2012

Candidate Member Martin Desjardins is this year’s winner of the Arthur E. Schmalz Award for the best write-on competition entry. Martin’s paper earned the highest marks from our Notes Editors out of all of this year’s write-on entries.  Congratulations, Martin!

Congratulations to the New Candidate Members

July 16, 2012

Please join us in congratulating the newest Candidate Members of the George Mason Law Review:

William Bang
Sean Batson
Scott Brooks
Catherine Burke
Michelle Caton
Martin Desjardins
Lauren Fredericksen
Timothy Geverd
Joseph Guyton
Erin Hoffert
Jeffrey Jennings
Monica Judkins
Emily Kornfeld
Jared McClain
James McMahon
Alexa McMillan
Stephen Meli
Daniel Miktus
Elizabeth Monahan
Melissa Ngo
Rebecca Nielsen
Nathaniel Pettine
Robert Ratcliffe III
Marissa Reeves
Alexandra Rhodes
Kristin Stitcher
Lorhel Stokes
Kristin Stortini
Corinne Stuart
Catherine Wauters
Matthew Wheatley
Kelsey Wilbanks

Thank you to all the first-year students who participated in this year’s Write-On Competition and to the other journals for helping the Law Review put together another successful competition.

 

George Mason Law Review Student Author Wins 2012 Burton Award

May 6, 2012

Sean Clerget is the recipient of a 2012 Distinguished Writing Award from the Burton Foundation for his student comment, Timing is of the Essence: Reviving the Neutral Law of General Applicability Standard and Applying it to Restrictions Against Religious Face Coverings Worn While Testifying in Court.

The Burton Awards is national program in association with the Library of Congress. Every year, law school deans and managing partners of the 1,000 largest U.S. law firms nominate authors for the Burton Awards. A committee selects 15 winners in the law school category from schools across the country. Burton Award winners have demonstrated a high standard for clarity and effectiveness in legal writing.

Sean was an Articles Editor of George Mason Law Review from 2011 to 2012. His award-winning comment was published in Volume 18, Issue 4. This marks the third year in a row that a George Mason Law Review alum has received a Burton Award.

Congratulations, Sean!

Spring 2012 Newsletter

April 17, 2012

Please take a moment to read our Spring 2012 newsletter.

Save the Date: Judicial Engagement Symposium

March 4, 2012

Thursday,
March 22, 2012

8:15am – 3:45 pm

Founders Hall
George Mason University School of Law

3301 Fairfax Drive
Arlington, Virginia

Register Here
by March 15!

CLE Credits Available

You Are Invited!

Institute for Justice & George Mason Law Review’s Judicial Engagement & the Role of Judges in Enforcing the Constitution

Thursday, March 22, 2012

The courts were meant to play an integral role in keeping legislators and executive branch officials within the proper bounds of their authority, but judges today are often unwilling or feel unable to enforce constitutional limits on government power.

The Institute for Justice and the George Mason Law Review invite you to a symposium that seeks to move beyond the imprecise and unhelpful rhetoric of so-called judicial activism and simply ask whether judges are properly engaged in their role of interpreting and applying the constitution.

Space is limited, to reserve your spot please RSVP now at www.ij.org/CJESymposium.

Symposium Agenda

Breakfast: (8:15-9:00 a.m.)

Introductory Remarks/Welcome: (9:00-9:15 a.m.)
Chip Mellor, Institute for Justice

Keynote Address: (9:15-10:00 a.m.)
Prof. Randy Barnett, Georgetown Law Center

Panel 1:  Judicial Engagement in Enforcing Individual Rights (10:00-11:30 a.m.)
Prof.  David Bernstein, George Mason University School of Law
Prof. Kurt Lash, University of Illinois College of Law
Prof. Eric Claeys, George Mason University School of Law
Moderator: Elizabeth Price Foley, Institute for Justice

Lunch: (11:30 a.m.-12:30 p.m.)

Panel 2:  Judicial Engagement in Enforcing Limits on Government Power (12:30-2:00 p.m.)
Prof. Stephen Presser, Northwestern University School of Law
Prof. Sanford Levinson, University of Texas School of Law
Prof. Douglas Kmiec, Pepperdine University School of Law
Moderator: Prof. Neomi Rao, George Mason University School of Law

Panel 3:  Judicial “Activism” & “Restraint” vs. “Engagement”:  How Judge-Made Doctrines Have Developed and How or Whether Judges Should Become More “Engaged” (2:00-3:30 pm)
Prof. Nelson Lund, George Mason University School of Law
Prof. Mark Tushnet, Harvard Law School
Clark Neily, Institute for Justice
Moderator: Steve Simpson, Institute for Justice

Closing Remarks: (3:30 pm-3:45 pm)

Please register by Thursday, March 15th, 2012

Judicial Engagement Symposium Flyer

If you have questions concerning the symposium, please email the Institute for Justice at training@ij.org or Katie Brown, Symposium Editor, at gmusymposium@gmail.com.

Announcing the 2012-2013 Board of Editors

February 20, 2012

Congratulations to the 2012-2013 George Mason Law Review Board of Editors!

Editor-in-Chief: Matthew Bowles
Executive Editor: Michael Mortorano
Managing Editor: Abby Uzupis
Production Editor: Andrew Alder
Symposium Editor: Melinda Meade
Senior Articles Editor: Cynthia Thaxton
Articles Editor: Tim Fox
Articles Editor: Lauren Hahn
Articles Editor: Wesley Weeks
Senior Notes Editor: Lisa Madalone
Notes Editor: Matt Brown
Notes Editor: Tashina Harris
Notes Editor: Raven Merlau
Senior Research Editor: Eric Sega
Research Editor: Sarah Collins
Research Editor: Valerie Hill
Research Editor: Ben Owen

Congratulations, and best wishes for a great year!

Congratulations to the Members Chosen for Publication

February 12, 2012

The George Mason Law Review is proud to congratulate the following student authors who have been selected for publication in the Law Review:

  1. Raven Merlau, The State Giveth and the State Taketh: Constitutional Pension Protections and the Retroactive Removal of Public Pension Tax Exemptions (Adrian S. Fisher Award, Best Student Note or Comment)
  2. Wesley E. Weeks, Picking Up the Tab for Your Competitors: Innovator Liability After PLIVA, Inc. v. Mensing
  3. Lauren Hahn, Juvenile Justice and Piracy: Prosecution of Juvenile Pirates in the United States
  4. Mark D. Quist, “Plumbing the Depths” of the CDA: Weighing the Competing Fourth and Seventh Circuit Standards of ISP Immunity under Section 230 of the Communications Decency Act
  5. Lisa P. Goldstein, Janus Capital Group: Why the Supreme Court’s Most Recent Securities Law Opinion Is Likely to Backfire
  6. Matthew R. Bowles, Speak Now or Forever Be Overruled: Giving Deference to Political “Judgment” in EPA Rulemakings
  7. Sarah Collins, Remember the Fourth Amendment?: Seizing Children in Homes with Drug Use but No Evidence of Neglect
  8. Steve Lavender, Extending the Noerr-Pennington Doctrine to Regional Transmission Organization Petitioners on a Case By Case Basis
  9. Jack Jarrett, What’s in a Name? Why Judicially-Named Grounds for Vacating Arbitral Awards Should Remain Available in Light of Hall Street
  10. Muhammad Elsayed, Contracting into Religious Law: Anti-Sharia Enactments and the Free Exercise Clause

 

Save the Date: 15th Annual Symposium on Antitrust Law

January 11, 2012

The George Mason Law Review, in partnership with the George Mason Law and Economics Center and sponsor Kelley Drye & Warren LLP, invites you to attend its 15th Annual Symposium on Antitrust Law on Thursday, January 26, 2012. The event will take place between the hours of 8 a.m. and 6 p.m. in Founders Hall on the Arlington Campus of George Mason University. CLE credits are available.

Featuring four distinguished panels of speakers, the symposium, entitled Antitrust in High-Tech Industries, will focus on the proper role of antitrust in high-technology industries, including the extent to which current competition policy is adequate to address dynamic competition concerns that are prevalent in rapidly evolving sectors.

Panel Topics Include:

• Perspectives on High-Tech Antitrust
• Social Media
• Mergers
• Search and Online Advertising

William E. Kovacic, Former Chairman of the Federal Trade Commission, will offer keynote remarks.

For further information and to register for the Symposium, please click here or contact Katie Brown, Symposium Editor, at gmusymposium@gmail.com or 703-375-9529

Fall 2011 Newsletter

November 17, 2011

Please take a moment to read our Fall 2011 newsletter.

2011 Arthur E. Schmalz Award Winner Announced

July 29, 2011

Candidate Member Michael Mortorano is this year’s winner of the Arthur E. Schmalz Award for the best write-on competition entry. Michael’s paper earned the highest marks from our Notes Editors out of all of this year’s write-on entries.  Congratulations, Mike!

Candidate Member Chelsea Sizemore is this year’s winner of the Arthur E. Schmalz Award for the best write-on competition entry. Chelsea’s paper earned the highest marks from our Notes Editors out of all of this year’s write-on entries. Congratulations, Chelsea!

Congratulations to the New Candidate Members

July 19, 2011

Please join us in congratulating the newest Candidate Members of the George Mason Law Review:

Andrew Alder
Thomas Baker III
Daniel Bram
Matthew Bowles
Matthew J. Brown
Sarah Collins
Patrick Curran
Muhammad Elsayed
Timothy Fox
Lisa Goldstein
Lauren Hahn
Tashina Harris
Valerie Hill
Daniel Hoffman
Robert Hopkins
Jack Jerrett
Matt Lafferman
Steven Lavender
Evan Lisull
Philip Lynch
Lisa Madalone
Tyler McComas
Melinda Meade
Raven Merlau
Michael Mortorano
Erik Mussoni
Benjamin Owen
Rachel Parker
Cynthia Phillips
Deirdre Potts
Mark Quist
Eric Sega
Scott Stemetzki
Abby Uzupis
Jue Wang
Wesley Weeks

Thank you to all the first-year students who participated in this year’s Write-On Competition and to the other journals for helping the Law Review put together another successful competition.

George Mason Law Review Student Author Wins 2011 Burton Award

April 30, 2011

Peter Cockrell is the recipient of a 2011 Distinguished Writing Award from the Burton Foundation for his student comment, Subprime Solutions to the Housing Crisis: Constitutional Problems with the Helping Families Save Their Homes Act of 2009. Founded in 1999, the Burton Awards program is run in association with the Library of Congress and its Law Library. Nominations for the award are made by law school deans and managing partners of the 1000 largest U.S. law firms. Fifteen Burton Award law school winners are selected annually from law schools across the nation to receive this award, which honors partners in law firms and law students who set a high standard for clarity and effectiveness in legal writing. Read the full story here.

Congratulations, Peter!

Spring 2011 Newsletter

April 5, 2011

Please take a moment to read our Spring 2011 newsletter.

Alumni Reception Rescheduled (Update)

March 7, 2011

The Law Review’s annual Alumni Reception has been rescheduled for Thursday, March 10, 2011 at the Washington, D.C. office of Latham & Watkins from 6:30 p.m. to 8:30 p.m. We hope our local alumni and friends can make it to meet with current editors, GMU professors, and our newest class of full members.

Announcing the 2011-2012 Board of Editors

February 21, 2011

Congratulations to the 2011-2012 George Mason Law Review Board of Editors!

Editor-in-Chief: Catherine Schmierer
Executive Editor: Matthew McGuire
Managing Editor: Kalynn Hughes
Production Editor: Mark DiGiovanni
Symposium Editor: Catherine Brown
Senior Articles Editor: Lora Barnhart
Articles Editor: Sean Clerget
Articles Editor: Angela Diveley
Articles Editor: Stacey Sklaver
Senior Notes Editor: Chelsea Sizemore
Notes Editor: Alissa Dutrow
Notes Editor: Emily Harp
Notes Editor: Matthew Long
Senior Research Editor: Paisly Bender
Research Editor: Robyn Burrows
Research Editor: Joshua Chamberlain
Research Editor: Meredith Schramm-Strosser

14th Annual Symposium on Antitrust

February 16, 2011

The George Mason Law Review, together with Navigant Economics and O’Melveny & Myers LLP, presented the 14th Annual Symposium on Antitrust Law on February 9, 2011 at the Willard InterContinental in Washington, D.C. The Law Review thanks all of our speakers and participants for a successful and enjoyable event. For more information about the event and the speakers, please visit our Symposium Web page. Below are some photos from the event.

Below, from left to right: Bret Lee (Managing Editor 2010-2011), Geoffrey B. Fehling (Editor-in-Chief, 2010-2011), Isaac Post (Symposium Editor, 2010-2011), and Anthony D. Peluso (Executive Editor, 2010-2011)

Below, Keynote Address delivered by J. Thomas Rosch:

Below, from left to right: Isaac Post (Symposium Editor, 2010-2011), FTC Commissioner J. Thomas Rosch, and Geoffrey B. Fehling (Editor-in-Chief, 2010-2011)

Below, Panel One: “The Impact of the 2010 Horizontal Merger Guidelines on the Litigation of Merger Cases”

Below, Panel Two: “Current Trends in Criminal Cartel Enforcement”

Congratulations to Members Chosen for Publication

February 15, 2011

The George Mason Law Review is proud to congratulate the following student authors who have been selected for publication in the Law Review:

  1. Sean ClergetTiming is of the Essence: Reviving the Neutral Law of General Applicability Standard and Applying it to Restrictions Against Religious Face Coverings Worn While Testifying in Court (2011 Adrian S. Fisher Award, Best Student Note or Comment)
  2. James Kim - For a Good Cause: Reforming the Good Cause Exception to Notice and Comment Rulemaking under the Administrative Procedure Act
  3. Chelsea A. Sizemore – Enforcing Islamic Mahr Agreements: The American Judge’s Interpretational Dilemma
  4. Lora E. Barnhart – Citizens United v. Central Hudson: A Rationale for Simplifying and Clarifying the First Amendment’s Protections for Non-Political Advertisements
  5. Robyn Burrows – Judicial Confusion and the Digital Drug Dog Sniff: Pragmatic Solutions Permitting Warrantless Hashing of Known Illegal Files
  6. Paisly Bender - Exposing the Hidden Penalties of Pleading Guilty: A Revision of the Collateral Consequences Rule
  7. Matthew McGuire - (Mis)Understanding “Undue Discrimination:” FERC’s Attempt to Encourage Transmission Infrastructure Investment by Protecting Independent Transmission Companies
  8. Mark F. DiGiovanni - Weeding Out a New Theory of Insider Trading Liability and Cultivating an Heirloom Variety: A Proposed Response to SEC v. Dorozhko
  9. Carly Humphrey – Keep Recording: Why On-Duty Police Officers Do Not Have a Protected Expectation of Privacy Under Maryland’s State Wiretap Act
  10. Genevieve McCarthy – A Short-lived Benchmark: How the Supreme Court Deviated from Brown v. Board Long Before Parents Involved

Save the Date: 2010 Symposium

January 3, 2011

SAVE THE DATE

George Mason Law Review
14th Annual Symposium on Antitrust

Wednesday, February 9, 2011
8:30am – 12:30pm

The Willard Room
The Willard InterContinental Washington
1401 Pennsylvania Avenue, NW
Washington, DC  20004

The George Mason Law Review, together with Navigant Economics and O’Melveny & Myers LLP, invite you to attend our 14th Annual Symposium on Antitrust Law.

The Symposium will focus on two timely topics in antitrust litigation:

(1)  The impact of the 2010 Horizontal Merger Guidelines on the litigation of merger cases, discussing the following issues:  the Guidelines’ shift from evaluating competitive effects through a focus on market definition and step-by-step merger analysis to instead emphasizing diversion analysis and upward pricing pressure analysis; how the Courts will respond, if at all, to changes in the Guidelines; how the new Guidelines change the Government’s burden of proof in suing to oppose a merger, and the type of evidence that the parties can provide to rebut the Government’s allegations.  Speakers include scholars and practitioners who have participated in merger litigations and have been involved in drafting the new Guidelines.

(2)  Current trends in criminal cartel enforcement, focusing on the following issues:  converging and diverging interests of company counsel and individual counsel; the “volume of commerce” analysis under the post-Booker U.S. Sentencing Guidelines; and whether economic damages analyses are useful in measuring “volume of commerce”.  Speakers include a senior Department of Justice official responsible for cartel enforcement, and attorneys and an economist who work on cartel matters.

Confirmed speakers include FTC Commissioner J. Thomas Rosch; Howard Shelanski, Deputy Director for Antitrust, Bureau of Economics, Federal Trade Commission; Lisa Phelan, Chief, National Criminal Enforcement Section, U.S. Department of Justice; Kevin Murphy, George J. Stigler Distinguished Service Professor of Economics, Booth School of Business and Department of Economics at the University of Chicago, and Navigant Economics; James Langenfeld, Navigant Economics and Adjunct Professor, Loyola University Chicago Law School; David Scheffman, Owen Graduate School of Management, Vanderbilt University; Ian Simmons and Steve Bunnell, O’Melveny & Myers LLP; and Barry Boss, Cozen O’Connor.

For further information, please visit
www.law.gmu.edu/gmulawreview/symposium/

or contact Isaac Post, Symposium Editor at
gmusymposium@gmail.com or 202-277-5409

Fall 2010 Newsletter

December 8, 2010

Please take a moment to read our Fall 2010 newsletter.

Arthur E. Schmalz Award Winner Announced

July 18, 2010

Candidate Member Chelsea Sizemore is this year’s winner of the Arthur E. Schmalz Award for the best write-on competition entry. Chelsea’s paper earned the highest marks from our Notes Editors out of all of this year’s write-on entries. Congratulations, Chelsea!

Congratulations to the New Candidate Members

July 10, 2010

Please join us in congratulating the newest candidate members of the George Mason Law Review:

Lora Barnhart
Paisley Bender
Catherine M. Brown
Erik Burggraf
Robyn Burrows
Joshua Chamberlain
Sean Clerget
Mark DiGiovanni
Angela Diveley
Alissa Dutrow
Stephen Foster
Adam C. Fowles
Ashley Fry
Emily Harp
Kalynn Hughes
Carly Humphrey
James Kim
Alysa Kociuruba
Matthew Long
Genevieve McCarthy
Matthew McGuire
Linda America Santiago
Catherine Schmierer
Meredith Schramm-Strosser
Zach Shoup
Chelsea Sizemore
Stacey Sklaver
Mark Smatlak
Raymond B. Sperry

Thank you to all the first-year students who participated in this year’s Write-on Competition and to the other journals for helping the Law Review put together another successful competition.

George Mason Law Review quoted in U.S. Supreme Court opinion

July 2, 2010

Congratulations to Clayton E. Cramer, Nicholas J. Johnson, and George A. Mocsary, whose essay, “This Right Is Not Allowed By Governments That Are Afraid Of The People’: The Public Meaning of the Second Amendment When the Fourteenth Amendment Was Ratified,” was recently cited in the U.S. Supreme Court opinion McDonald v. City of Chicago, Ill. Their essay details the public meaning of “the right to keep and bear arms” in the period preceding the enactment of the Fourteenth Amendment.  McDonald has stirred a lot of public debate since it was issued on June 28, and we are excited that the outstanding scholars published in the George Mason Law Review contributed to the Court’s decision.

2010 Transfer Write-On Competition

The 2010 Transfer Write-On Competition Packet has now ended.

2010 GMU 1L Write-On Competition

May 12, 2010

The 2010 GMU 1L Write-On Competition Packet has been posted. Good luck to all competitors!

George Mason Law Review Student Author Wins 2010 Burton Award

April 27, 2010

Joshua Newborn (Senior Research Editor 2009-2010) is the recipient of a 2010 Distinguished Writing Award from the Burton Foundation for his student casenote, An Analysis of Credible Threat Standing and Ex Parte Young for Second Amendment Litigation. Founded in 1999, the Burton Awards program is run in association with the Library of Congress and its Law Library. Nominations for the award are made by law school deans and managing partners of the 1000 largest U.S. law firms. Fifteen Burton Award law school winners are selected annually from law schools across the nation to receive this award, which honors partners in law firms and law students who set a high standard for clarity and effectiveness in legal writing. Read the full story here.

Congratulations, Joshua!

George Mason Law Review Student Author Cited in Supreme Court Brief

April 16, 2010

Alyssa DaCunha (Editor-in-Chief 2009-2010) recently had her student casenote cited in a brief submitted to the Supreme Court in City of Ontario v. Quon. Alyssa’s casenote, Txts R Safe 4 2Day: Quon v. Arch Wireless and the Fourth Amendment Applied to Text Messages, 17 Geo. Mason L. Rev. 295 (2009), examined both the statutory and constitutional protections for text messages and argued that the current statutory protections under the Act are both outdated and inadequate. Read the full story here.

Congratulations, Alyssa!

Spring 2010 Newsletter

March 18, 2010

Please take a moment to read our Spring 2010 Newsletter

Announcing the 2010-2011 Associate Editors

March 16, 2010

Congratulations to the 2010-2011 George Mason Law Review Associate Editors!

Bryan Andersen
Mitchell Calhoun
Kieran Carter
Jessica Farace

Announcing the 2010-2011 Board of Editors

February 28, 2010

Congratulations to the 2010-2011 George Mason Law Review Board of Editors!

Editor-in-Chief: Geoffrey Fehling
Executive Editor: Anthony Peluso
Managing Editor: Bret Lee
Production Editor: Michael Manteuffel
Symposium Editor: Isaac Post
Senior Articles Editor: Lindsey Champlin
Articles Editor: Brendan Coffman
Articles Editor: Joshua Cumby
Articles Editor: Tony Tran
Senior Notes Editor: Michael D’Anello
Notes Editor: Mitchell Bashur
Notes Editor: Aaron Brotman
Notes Editor: Kendal Smith
Senior Research Editor: Cattleya Concepcion
Research Editor: Joe Barrier
Research Editor: Nate Chubb
Research Editor: Stephanie Cook

2010 Publication Announcement

February 19, 2010

Congratulations to the following ten members whose note or comment was chosen for publication in forthcoming issues of the George Mason Law Review.

  1. Peter Cockrell - Subprime Solutions to the Housing Crisis: Constitutional Problems with the Helping Families Save Their Homes Act of 2009 (2010 Adrian S. Fisher Award, Best Student Note)
  2. Lindsey ChamplinShould the Sherman Act Restrain State Power Under the Twenty-First Amendment? Why Federal Courts Should Abandon the Fourth Circuit’s Balancing Test From TFWS v. Schaefer
  3. Jeremy GraboyesNow, Voyager: Deixis and the Temporal Pragmatics of Legislative Speech Acts
  4. Anthony PelusoA Distinction Without a Difference: How Callahan v. Millard County Drew an Unwarranted Line in the Sand of Fourth Amendment Jurisprudence
  5. Ted BrownNot a Tecom Party: There’s “Very Little Likelihood” Geren v. Tecom Will Promote Sound Government Contracting Practices
  6. Cattleya ConcepcionBeyond the Lens of Lenz: Looking to Protect Fair Use During the Safe Harbor Process Under the DMCA
  7. Geoff Fehling - Verdugo, Where’d You Go?: Stoot v. City of Everett and Evaluating Fifth Amendment Self-Incrimination Civil Liability Violations
  8. Nathan ChubbMerger Review: How “Serious Questions” in Preliminary Injunctions May Improve Antitrust Law
  9. Kendal SmithHuman Trafficking and RICO: A New Prosecutorial Hammer in the War on Modern Day Slavery
  10. Joshua CumbyThe Sixth Amendment: Version 1.0 et seq–Commas, Clauses, and the Constitution

The George Mason Law Review Holds its Annual Full Member & Publication Selection Party

The Law Review celebrated the accomplishments of its newly-minted full members and announced which student notes would be published over the course of the next year.

Annual Law Review Alumni Reception

January 22, 2010

The George Mason Law Review is once again excited to host its annual alumni reception on January 28th, 2010, at Arent Fox LLP. The reception will begin at 6:30 p.m. We look forward to seeing all of our distinguished alumni and introducing them to the Law Review’s newest candidate members. Please take a look at the invitation.

Event Photos:

From left: Mark Cowen (ME, 2009-10), David Pettit (SAE, 2009-10), Alyssa DaCunha (EiC, 2009-10), Dylan Brown (AE, 2009-10)

From left: Mark Cowen (ME, 2009-10), David Pettit (SAE, 2009-10), Alyssa DaCunha (EiC, 2009-10), Dylan Brown (AE, 2009-10)

Law Review Alumni enjoying the reception

2009 Murphy Prize Awarded to George Ingham

September 15, 2009

Dean Polsby selected George Ingham (Sr. Notes Editor, 2009-2010) for the honor based upon demonstrated excellence in the study of law and promise of contributing to the thoughtful study and analysis of the law.  Read the full story here.  Congratulations, George!

Congratulations to the New Transfer Members of the George Mason Law Review

August 4, 2009

Please join us in congratulating the newest transfer members of the George Mason Law Review:

Geoffrey Fehling
Michael Manteuffel

Arthur E. Schmalz Award Winner Announced

July 28, 2009

Candidate Member Anthony Peluso is this year’s winner of the Arthur E. Schmalz Award for the best write-on competition entry.  Anthony’s paper earned the highest marks from our Notes Editors out of all of this year’s write-on entries. Congratulations, Anthony!

Law Review alumnus Arthur Schmalz (EiC 1992-93), stands with Schmalz Award winner Anthony Peluso

Congratulations to the 2009-2010 Candidate Members of the George Mason Law Review

July 12, 2009

Please join us in congratulation to the newest candidate members of the George Mason Law Review:

Bryan B. Andersen
Joseph Barrier
Mitchell A. Bashur
Aaron Brotman
Edward R. Brown
Mitchell Calhoun
Kieran Carter
Lindsey Champlin
Teresa Chin
Nathan Chubb
Peter Cockrell
Brendan Coffman
Cattleya Concepcion
Stephanie Cook
Joshua Cumby
Michael D’Anello
Jessica Farace
Benjamin Fleming
Henry Gola
Jeremy Graboyes
Kelly Hollrah
Julie M. Honan
Bret Lee
Zach Olson
Janice Pardue
Anthony Peluso
Kevin Pettrey
Isaac Post
Kendal Smith
Jacob Stewart
Tony Tran

George Mason Law Review Featured in the National Law Journal

July 2, 2009

A study in a George Mason Law Review article by David Thompson and Melinda Wachtell is featured in the National Law Journal.  Visit the National Law Journal website to read the article (subscription required) or read the PDF version here.  Read Thompson and Wachtell’s article and full study here.