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121st Sibley Lecture: American Democracy In Peril, J. Michael Luttig

Georgia Law Review

No abstract provided.

Billionaire Taxes And The Constitution, Andy Grewal

Georgia Law Review

The United States now has ten times as many billionaires as it had just a few decades ago. This ever-growing class has sparked congressional interest in “billionaire tax” proposals. These proposals would generally require that billionaires recognize income when their asset values increase, even if they have not sold their assets.

Under existing doctrine, billionaire taxes likely violate the realization requirement embedded in the Sixteenth Amendment of the Constitution. However, this Article argues that existing Sixteenth Amendment doctrine suffers from deep infirmities and theoretical inconsistencies. With the conceptually sound interpretive approach advanced in this Article, a billionaire tax could pass …

Parting The Red Sea: Prescriptions For The Rluipa Equal Terms Provision's Expanding Circuit Split, Braden T. Meadows

Georgia Law Review

Congress unanimously passed the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000. The Act marked the culmination of a decades-long dialogue between Congress and the Supreme Court. RLUIPA’s passage embodied Congress’s resolve to provide religious free exercise protections—particularly as it pertained to religious land use. Since 2000, however, RLUIPA’s Equal Terms Provision has been subject to differing judicial interpretations, resulting in an expanding circuit split. This Note analyzes the circuit split and offers guidance to future interpreters.

First, this Note examines the social, legislative, and judicial history leading to RLUIPA’s enactment. Second, it analyzes the contours of interpretations …

The Original Meaning Of "Emoluments" In The Constitution, Robert G. Natelson

Georgia Law Review

THE ORIGINAL MEANING OF
"EMOLUMENTS" IN THE CONSTITUTION
Robert G. Natelson*
This Article explores the original meaning of the
word "Emolument(s)" in the Constitution. It identifies
four common definitions in founding-era political
discourse. It places the constitutional use within its
context as part of a larger reform movement in Britain
and America and as driven by other historical events.
The Article examines how the word was employed in
contemporaneous reform measures, in official
congressional and state documents, in the
constitutional debates, and in the constitutional text.
The author concludes that the three appearances of
"emoluments" in the Constitution had a …

The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews

Journal of Intellectual Property Law

No abstract provided.

The European Economic Community: The Right Of Member State Withdrawal, John A. Hill

Georgia Journal of International & Comparative Law

No abstract provided.

Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn

Georgia Journal of International & Comparative Law

No abstract provided.

The President, The Congress, And The Panama Canal: An Essay On The Powers Of The Executive And Legislative Branches In The Field Of Foreign Affairs, Griffin B. Bell, H. Miles Foy

Georgia Journal of International & Comparative Law

No abstract provided.

Outsourcing, Data Insourcing, And The Irrelevant Constitution, Kimberly N. Brown

Georgia Law Review

Long before revelations of the National Security Agency's data collection programs grabbed headlines, scholars and the press decried the burgeoning harms to privacy that metadata mining and new surveillance technologies present. Through publicly accessible social media sites, web-tracking technologies, private data mining consolidators, and its own databases, the government is just a mouse click away from a wealth of intimate personal information that was virtually inaccessible only a decade ago. At the heart of the conundrum is the government's ability to source an unprecedented amount of personal data from private third parties. This trail of digital information is being insourced …

Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski

Georgia Journal of International & Comparative Law

No abstract provided.

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

A Constitution For An Enlarged Europe, Manuel Medina Ortega

Georgia Journal of International & Comparative Law

No abstract provided.

Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla

Georgia Journal of International & Comparative Law

No abstract provided.