Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (44)
- Constitutional Law (10)
- International Law (9)
- Courts (6)
- Tax Law (5)
-
- Civil Rights and Discrimination (3)
- Criminal Law (3)
- Dispute Resolution and Arbitration (3)
- Law and Society (3)
- Military, War, and Peace (3)
- Business Organizations Law (2)
- Civil Procedure (2)
- Education Law (2)
- European Law (2)
- Human Rights Law (2)
- Intellectual Property Law (2)
- Labor and Employment Law (2)
- Legal Education (2)
- Legal Ethics and Professional Responsibility (2)
- Legal History (2)
- Litigation (2)
- State and Local Government Law (2)
- Supreme Court of the United States (2)
- Torts (2)
- Comparative and Foreign Law (1)
- Environmental Law (1)
- First Amendment (1)
- Judges (1)
- Law and Politics (1)
- Legal Biography (1)
- Keyword
-
- International Law (4)
- Arbitration (3)
- International law (3)
- Supreme Court (3)
- Alternative minimum tax (2)
-
- Class action (2)
- Constitutional Law (2)
- Courts (2)
- Federal Arbitration Act (2)
- First Amendment (2)
- Human rights (2)
- Iraq (2)
- Litigation (2)
- Patent (2)
- Rule 23 (2)
- 9/11 (1)
- Abuse of discretion (1)
- Advocacy (1)
- Afghanistan (1)
- Age Discrimination in Employment Act (1)
- Alternative dispute resolution (1)
- Americans with Disabilities Act (1)
- Asbestos (1)
- Atkins v. Virginia (1)
- Bankruptcy (1)
- Blackmail settlements (1)
- Blonder-Tongue (1)
- Board of Directors (1)
- Bounty (1)
- Brain drain (1)
Articles 1 - 30 of 45
Full-Text Articles in Entire DC Network
Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells
Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells
Scholarly Works
While most section 1983 suits are brought against local governments and officials, an increasing number of plaintiffs target private persons and businesses who have collaborated with government in one way or another. In such cases, plaintiffs claim that private entities have acted "under color of state law" in violation of the plaintiffs' rights. They must establish that the defendants are nonetheless "state actors" in order to prevail on the constitutional claims they raise. The broad range of cases includes, among others, efforts to obtain relief against creditors who use self-help remedies, litigation directed at persons who have cooperated with state …
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Proffitt Dupre
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Proffitt Dupre
Scholarly Works
This Article examines how the landscape of school funding litigation has changed over the three decades since Serrano and Rodriguez. The first part of the Article sets forth the history of school funding litigation since Serrano and Rodriguez and unravels the legal theories that have driven the school financing cases, explaining past dispositions and point out likely future trends. At first blush it would appear that the attorneys seeking social change through greater equity in school funding are litigating similar issues in each state. Yet judges have approached these matters from different directions with results that vary significantly from state …
Foreword: Rethinking Reconstruction After Iraq, Diane Marie Amann
Foreword: Rethinking Reconstruction After Iraq, Diane Marie Amann
Scholarly Works
Foreword to a symposium held on March 12, 2004 by the UC Davis Journal of International Law & Policy. Entitled “Rethinking Reconstruction After Iraq,” the symposium was designated a regional meeting of the American Society of International Law and the American Branch of the International Law Association, and further was sponsored by the American National Section of the International Association of Penal Law and the International Human Rights Committee of the Bar Association of San Francisco.
Employment Discrimination Remedies And Tax Gross Ups, Gregg D. Polsky, Stephen F. Befort
Employment Discrimination Remedies And Tax Gross Ups, Gregg D. Polsky, Stephen F. Befort
Scholarly Works
This article considers whether a successful employment discrimination plaintiff may be entitled, under current law, to receive an augmented award (a gross up) to neutralize certain adverse federal income tax consequences. The question of whether such a gross up is allowed, the resolution of which can have drastic effects on litigants, has received almost no attention from practitioners, judges, and academics. Because of the potentially enormous impact of the alternative minimum tax (AMT) on discrimination lawsuit recoveries, however, the gross up issue is now beginning to appear in reported cases.
The three principal federal anti-discrimination statutes - Title VII, the …
Toward A Contractual Approach To Arbitral Immunity, Peter B. Rutledge
Toward A Contractual Approach To Arbitral Immunity, Peter B. Rutledge
Scholarly Works
This Article breaks from conventional wisdom in both case law and scholarship. It proposes a simple but novel thesis: Arbitrators and arbitral institutions, in cases of voluntary submission of disputes, should not be entitled to any form of legal immunity. Instead, any limit on or waiver of the arbitrator's or institution's liability should come in the form of a contractual release-either adopted in the parties' arbitration agreement or negotiated between the parties and the arbitrator.
Central to this thesis is a distinction between two types of immunity. The first form of immunity is “contractual immunity.” The hallmark of contractual immunity …
An End Of Term Exam: October Term 2003 At The Supreme Court Of The United States, Peter B. Rutledge, Nicole L. Angarella
An End Of Term Exam: October Term 2003 At The Supreme Court Of The United States, Peter B. Rutledge, Nicole L. Angarella
Scholarly Works
The goal of this Essay is to provide a resource of digestible proportions that any Court watcher (judge, lawyer, professor, student) can use to inform himself or herself about current developments at the Court. While the Essay discusses how the current Term compares to past ones, it does not do so simply as an exercise in dry social science. Instead, it highlights those trends of interest to both the scholar and the practitioner. Likewise, while the Essay discusses particular cases, it does not simply summarize facts and holdings. Instead, it places those doctrinal developments in a larger context, analyzes them, …
I Do Know How She Does It (But Sometimes I Wish I Didn't), Rebecca White
I Do Know How She Does It (But Sometimes I Wish I Didn't), Rebecca White
Scholarly Works
I care deeply about the issue of women's attrition from the legal profession. Admittedly, I have not written any scholarly work on this exact topic. When I learned who the other symposium guests were and how much extensive work they have done on this subject, I was left to wonder what I could contribute to our discussion. I have not conducted any empirical studies; I do not have any new and brilliant insight. What I do have, is experience. I have performed ‘the juggling act’ that simultaneous full-time lawyering and mothering requires. I have worked part-time in a large law …
Unsettling Efficiency: When Non-Class Aggregation Of Mass Torts Creates Second-Class Settlements, Elizabeth Chamblee Burch
Unsettling Efficiency: When Non-Class Aggregation Of Mass Torts Creates Second-Class Settlements, Elizabeth Chamblee Burch
Scholarly Works
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scale aggregation of mass torts. In the 1990s, attorneys settled seventy-four percent of the mass tort cases consolidated for transfer by the Judicial Panel on Multidistrict Litigation. Even though most mass tort litigation settles, the judicial system ensures the fairness and integrity of settlements only in the bankruptcy and class action contexts. Consequently, the fairness of the settlement can vary depending on how the judicial system aggregates the claims. Only thirty-nine percent of aggregated claims resulted in class action settlements. Two percent received bankruptcy protections. Approximately …
Race And Equality Across The Law School Curriculum: The Law Of Tax Exemption, David A. Brennen
Race And Equality Across The Law School Curriculum: The Law Of Tax Exemption, David A. Brennen
Scholarly Works
What is the relevance of race to tax law? The race issues are apparent when one studies a subject like constitutional law. The Constitution concerns itself explicitly with such matters as defining rights of citizenship, allocating powers of government, and determining rights with respect to property. Given the history of our country -- with slavery followed by periods of de jure and de facto racial discrimination -- these constitutional law matters obviously must have racial dimensions.
Tax law, however, does not generally concern itself explicitly with matters of race. Tax law is often thought of as completely race neutral in …
"May It Please The Camera,...I Mean The Court"--An Intrajudicial Solution To An Extrajudicial Problem, Lonnie T. Brown
"May It Please The Camera,...I Mean The Court"--An Intrajudicial Solution To An Extrajudicial Problem, Lonnie T. Brown
Scholarly Works
This Article explores the depths of the ethical issues presented when lawyers zealously advocate on behalf of their clients to the media, as well as the negative public policy ramifications that such behavior generates. The latter effect most seriously signals the need for reform in this area. Part II of the Article provides insight into the principal source of the problem--the ineffectiveness of the existing regulatory devices. This section traces the evolution of the ethical rules that pertain to public commentary by lawyers from the early days of steadfast condemnation to the modern appraoch of cautious equivocation. It also considers …
Two Early Codes, The Ten Commandments And The Twelve Tables: Causes And Consequences, Alan Watson
Two Early Codes, The Ten Commandments And The Twelve Tables: Causes And Consequences, Alan Watson
Scholarly Works
Comments on the legal history of the ten commandments and the Roman Twelve Tables, and a comparison of the two legal collections. This paper also discusses the peculiarities in the traditions behind the collection of these laws; and the rules of behavior between humans covered by these laws.
Necessity Never Made A Good Bargain: When Consumer Arbitration Agreements Prohibit Class Relief, Thomas V. Burch
Necessity Never Made A Good Bargain: When Consumer Arbitration Agreements Prohibit Class Relief, Thomas V. Burch
Scholarly Works
The American system of arbitration is constantly evolving. From the first formal arbitration tribunal in 1786—established by the New York Chamber of Commerce—to the creation of the Federal Arbitration Act in 1925—passed to suppress judicial hostility towards arbitration -- the system has continuously adapted to accommodate changing business practices and rising judicial concerns over the legitimacy of the institution. In fact, the system’s adaptation has been so effective that the Supreme Court now recognizes a “national policy favoring arbitration.” This “national policy” is the most recent phase of the arbitration evolution, and it raises several concerns. Most significantly, lower courts …
Between 'Merit Inquiry' And 'Rigorous Analysis': Using Daubert To Navigate The Gray Areas Of Federal Class Action Certification, Elizabeth Chamblee Burch
Between 'Merit Inquiry' And 'Rigorous Analysis': Using Daubert To Navigate The Gray Areas Of Federal Class Action Certification, Elizabeth Chamblee Burch
Scholarly Works
In recent years, the class action certification hearing has become the latest forum for disputes over the reliability of expert testimony. Since these hearings may involve complex technical matters, litigants frequently try to introduce expert testimony to either establish or challenge the basic requirements for class certification. Yet, most courts do not conduct a Daubert analysis before admitting expert testimony during certification, evaluate the evidence according to a uniform standard, or adequately weigh opposing expert opinions.
Even though the Federal Rules of Evidence codify procedures to ensure the reliability of expert testimony, courts have been reluctant to employ them during …
Report Of The Governor's Workers' Compensation Review Commission, Thomas A. Eaton, David B. Mustard
Report Of The Governor's Workers' Compensation Review Commission, Thomas A. Eaton, David B. Mustard
Scholarly Works
The editors of the Georgia Law Review asked me to write this Foreword to explain why a government report of this nature should be published in an academic journal. I write solely in my capacity as a law professor--not as Chair of the Governor's Workers' Compensation Review Commission. My case, simply put, is that the Report illustrates how service and scholarship can go hand in hand.
The Embarrassing Rule Against Perpetuities, Peter A. Appel
The Embarrassing Rule Against Perpetuities, Peter A. Appel
Scholarly Works
The Rule Against Perpetuities offers an opportunity for those who teach property or trusts and estates to review some of the major schools of jurisprudence and how accurately or inaccurately those schools characterize law and legal development. At first blush, the idea that the rule can be used to advance a student's mastery or consideration of theory seems absurd. But this essay will outline an innovative approach to the rule that allows those who teach it to mix theory in with the difficult problems that the rule creates.
The modern pedagogical approach to the rule treats it as an embarrassment …
Fifteen Famous Supreme Court Cases From Georgia, Dan T. Coenen
Fifteen Famous Supreme Court Cases From Georgia, Dan T. Coenen
Scholarly Works
John Inscoe, UGA professor of history and editor of the New Georgia Encyclopedia, invited Hosch Professor Dan T. Coenen to contribute a series of essays on the most significant U.S. Supreme Court cases that originated in the state of Georgia. This article, which proposes an unranked top 15 list, is built on this work.
The Use Of International Sources In Constitutional Opinion, Daniel M. Bodansky
The Use Of International Sources In Constitutional Opinion, Daniel M. Bodansky
Scholarly Works
My argument for the use of international materials to interpret the Constitutional will proceed in four parts. First, I will argue that international law has a venerable history in constitutional interpretation. Second, I will argue that American courts and foreign courts are engaged in a common legal enterprise and could learn from one another. Third, I will argue that the text of certain constitutional provisions invites the use of international materials. Finally, I will argue that taking international opinion into account has strong pragmatic justifications.
International Norms In Constitutional Law, Michael Wells
International Norms In Constitutional Law, Michael Wells
Scholarly Works
Whether the Supreme Court should look to international law in deciding constitutional issue depends largely on what is meant by "looking to" international law. Some international norms are legally binding on American courts, either because we have agreed to follow them by adopting treaties or because they form part of the federal common law. I certainly agree that the Supreme Court, like the rest of us, ought to obey these aspects of international law. But the role of international norms in American courts has recently attracted attention for a different reason. In Lawrence v. Texas the Supreme Court, overruling Bowers …
Building A Better Bounty: Litigation-Stage Rewards For Defeating Patents, Joe Miller
Building A Better Bounty: Litigation-Stage Rewards For Defeating Patents, Joe Miller
Scholarly Works
A patent challenger who defeats a patent wins a prize that it must share with the whole world, including all its competitors. This forced sharing undermines an alleged infringer's reason for fighting the patent case to the finish - especially if the patent owner offers an attractive settlement. Too many settlements, and too few definitive patent challenges, are the result. A litigation-stage bounty would correct this defect in patent litigation's basic framework, for it would provide cash prizes to successful patent challengers that they alone would enjoy. After briefly describing the free rider problem with inventions that patent law attempts …
Let The Money Do The Governing: The Case For Reuniting Ownership And Control, Usha Rodrigues
Let The Money Do The Governing: The Case For Reuniting Ownership And Control, Usha Rodrigues
Scholarly Works
Part I of the Article outlines the problems with the current method of board selection and functioning. Management or management-sympathetic board members often select the board nominees, who share social ties with other board members. Boards tend to avoid "rocking the boat" by questioning management's recommendations, and because of the way the proxy process is structured, shareholders cannot effectively use their votes to oust unsatisfactory board members.
Part II analyzes the SEC's recent proposals for reform, which center on granting shareholders more opportunities to nominate candidates to the board. These proposals attempt to give shareholders a greater voice in the …
Unipolar Disorder: A European Perspective On U.S. Security Strategy, Diane Marie Amann
Unipolar Disorder: A European Perspective On U.S. Security Strategy, Diane Marie Amann
Scholarly Works
Much has been said about the National Security Strategy that U.S. President George W. Bush released one year after the terrorist assaults of September 11, 2001. The Strategy's declaration that the United States would strike first to prevent attack even before an enemy possessed the capability to attack-a point in time much earlier than when tradition would have condoned an act of anticipatory self-defense-provoked considerable comment. Debate within America encompassed multiple points of view; nonetheless, and perhaps not surprisingly, much of the debate reflected an American perspective. This essay, in contrast, considers the Strategy from a European perspective, one that …
The European Commission’S Report On Company Income Taxation: What The Eu Can Learn From The Experience Of The Us States, Walter Hellerstein
The European Commission’S Report On Company Income Taxation: What The Eu Can Learn From The Experience Of The Us States, Walter Hellerstein
Scholarly Works
The European Union Commission has proposed using consolidated base taxation and formulary apportionment to tax the EU-source income of multinational companies. This paper examines US state experience with a similar approach. Despite some positive lessons, especially the need to consolidate income of affiliated companies, lessons are mostly negative, especially regarding the choice of apportionment formula, the use of economic criteria to define the group whose income is to be consolidated, and complexity caused by lack of uniformity. US experience says nothing about using value added to apportion income—an approach that is conceptually attractive, but subject to transfer pricing problems.
Adrift On A Sea Of Uncertainty: Preserving Uniformity In Patent Law Post-Vornado Through Deference To The Federal Circuit, Larry D. Thompson
Adrift On A Sea Of Uncertainty: Preserving Uniformity In Patent Law Post-Vornado Through Deference To The Federal Circuit, Larry D. Thompson
Scholarly Works
Congress created the United States Court of Appeals for the Federal Circuit in 1982, and granted that court exclusive appellate jurisdiction over civil actions arising under patent law. Congress's primary goals in creating the Federal Circuit were to produce a more uniform patent jurisprudence and to reduce forum shopping based on favorable patent law. But in the 2002 decision of Holmes Group, Inc. v. Vornado Air Circulation Systems, the Supreme Court held that patent counterclaims alone could not create Federal Circuit jurisdiction. This decision not only overruled the Federal Circuit's longstanding jurisdictional rule, but also opened the door for Regional …
Can Treasury Overrule The Supreme Court?, Gregg D. Polsky
Can Treasury Overrule The Supreme Court?, Gregg D. Polsky
Scholarly Works
This article considers whether the Treasury's check-the-box regulations, which have been widely praised by tax practitioners, are valid. These regulations generally allow any unincorporated entity to elect whether it will be treated as a corporation or a partnership for tax purposes. When these regulations were first proposed, there was some debate as to whether such an elective regime was foreclosed by the statutory scheme, which requires that "associations" be taxed as corporations. This article argues that the focus of this debate was misplaced because, even assuming that the statutory scheme itself was sufficiently ambiguous as to permit an elective regime, …
Georgia General Assembly Adopts "Manifest Disregard" As A Ground For Vacating Arbitration Awards: How Will Georgia Courts Treat The New Standard?, John W. Hinchey, Thomas V. Burch
Georgia General Assembly Adopts "Manifest Disregard" As A Ground For Vacating Arbitration Awards: How Will Georgia Courts Treat The New Standard?, John W. Hinchey, Thomas V. Burch
Scholarly Works
Generally, courts may only set aside arbitration awards on the grounds listed in the Federal Arbitration Act or the applicable state arbitration code. However, all federal circuit courts and a few state courts have adopted a non-statutory exception that allows a court to overturn an arbitrator's decision if the arbitrator has exemplified a "manifest disregard" of the law.
In 2002, after several years of tentative lower court decisions, the Georgia Supreme Court, in Progressive Data Systems v. Jefferson Holding Corporation, held that manifest disregard is not a proper ground for vacatur in Georgia. The court emphasized that Georgia's Arbitration Code …
Rhetoric Or Rights?: When Culture And Religion Bar Girls' Right To Education, Elizabeth Chamblee Burch
Rhetoric Or Rights?: When Culture And Religion Bar Girls' Right To Education, Elizabeth Chamblee Burch
Scholarly Works
Women account for almost two-thirds of the world's illiterates. In the year 2000, the World Education Forum met in Dakar, Senegal and set goals to (1) eliminate gender disparities in primary and secondary education by 2005, and (2) achieve gender equality in education by 2015. Two months before 2004, the United Nations Educational, Scientific, and Cultural Organization (UNESCO) reported that sixty percent of the 128 countries that attended the Dakar Conference would not meet these goals. The report attributed the failure to sharp discrimination against girls in social and cultural practices.
The report failed to mention that social and cultural …
Guantánamo, Diane Marie Amann
Guantánamo, Diane Marie Amann
Scholarly Works
This article addresses not only offshore detainees at Guantánamo and elsewhere, but also the two Americans and one Qatari held in the United States as enemy combatants. It focuses on the critical issues in U.S. litigation - extraterritoriality and deference - yet also examines the scope of detention and the propriety of proposed special tribunals. After demonstrating that in the wake of September 11, 2001, no U.S. constitutional precedent governed these issues, the article then looks to norms drawn from international humanitarian and human rights law to aid decision. The Supreme Court increasingly consults such external norms as persuasive authority; …
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
In 2003 the United States Court of Appeals for the Eleventh Circuit decided two cases concerning the Clean Air Act, holding that provisions allowing the Environmental Protection Agency (“EPA”) to address compliance issues through the issuance of administrative compliance orders are unconstitutional2 and that the Clean Air Act does not waive the United States’ defense of sovereign immunity in an action for punitive penalties for past violations of air pollution laws. The court also considered for the first time the circumstances under which a state enforcement action would preempt a citizen suit under the Clean Water Act. This Article also …
Lyman Ray Patterson: Scholar And Gentle Man, Paul M. Kurtz
Lyman Ray Patterson: Scholar And Gentle Man, Paul M. Kurtz
Scholarly Works
The University of Georgia School of Law community and the legal academy lost a dear friend, an outstanding scholar, and a wonderful colleague and teacher when Ray Patterson died after a long career and a short illness in November 2003.
Popular Culture As A Lens On Legal Professionalism, Alex Scherr, Hillary Farber
Popular Culture As A Lens On Legal Professionalism, Alex Scherr, Hillary Farber
Scholarly Works
Why use art to teach lawyering?' Despite divergences in method and intention, the two disciplines overlap. If the prevalence of lawyers in movies, television, literature, and even humor means anything, popular culture remains fascinated with lawyers. Our practices, our ethics, and our professional personae serve as a mine for image and narrative, a target for cultural critique, and a catalyst for expression. Not surprisingly, images of lawyers in cartoons, film, television, and literature offer unique opportunities to teach and explore professionalism. The proliferation of lawyer images in popular culture provides an array of material ranging from career choice to particular …