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The Stare Decisis "Exception" To The Chevron Deference Rule, Rebecca White

Scholarly Works

In this article, the author discusses how Chevron intersects with one important competing norm - stare decisis. Stare decisis counsels the Court to adhere to its own decisions, particularly statutory ones, absent substantial justification for departure. To what extent should stare decisis apply when an agency's interpretation of a statute, otherwise deserving of deference under Chevron, conflicts with a prior interpretation of the statute by the Supreme Court?

This article suggests the following answer: If the Court's prior opinion upheld the agency's interpretation as one reasonable reading of the statute, but not the only one possible, and the agency thereafter …

Foreign Duty: Export Control Goes Private, Anne Proffitt Dupre

Scholarly Works

If you're an exporter, it pays to be a know-it-all these days.

Does there appear to be even a slight potential that the item you're shipping could play any part at all in modern weaponry? then you need to know exactly how that item will or may be used. You also may need to know who will ultimately use it, and where.

If you're a lawyer advising either that exporter or a supporting financial institution, you, too, now need an extra measure of vigilance. For one thing, it helps to know how to write loan documents with the necessary safeguards …

Individual Rights And Governmental Powers, Richard H. Fallon Jr.

Sibley Lecture Series

My basic thesis is that, in American constitutional law, rights typically do not operate, as we often assume, as conceptually independent constraints on the powers of government. We have no way of thinking about constitutional rights independent of what powers it would prudent or desirable for government to have. Balancing tests offer an obvious, banal example: the interests supporting claims of right are balanced against interests in upholding governmental power to determine what rights we actually have. But there are other, deeper interconnections as well. Throughout our structure of constitutional discourse, I shall argue, rights are conceptually interconnected with, and …

Priorities In Accounts: The Crazy Quilt Of Current Law And A Proposal For Reform, Dan T. Coenen

Scholarly Works

Moe Promisee has a right under a contract to receive monetary payments from Mae Promisor. Moe assigns his right first to Faye and then to Clay. Whom must Mae pay, Faye or Clay? For more than a century, judges have struggled with successive assignments to different persons of the same contract right. These cases which typically involve rights to monetary payments called "accounts" have generated subtleties of doctrine and disagreements among courts. Today, as a general rule, the Uniform Commercial Code controls these cases. Ambiguities, however, lurk in the code. Cryptic common-law doctrines also continue to govern many successive-assignment problems. …

Law School Directory 1992-93 (First Year & Ll.M.), University Of Georgia School Of Law

Other Law School Publications

No abstract provided.

Law School Directory 1992-93, University Of Georgia School Of Law

Other Law School Publications

No abstract provided.

The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.

Scholarly Works

This is the second part of a two-part inquiry into the quality of jury performance in Georgia negligence cases. Evaluation begins from within. That is an especially prominent truth in respect to the trial of negligence cases. The lay-professional partnership composing the civil trial system is unique. the professional's continuity provides a point of perfect perspective on the transient lay component--both its capacity and its performance. If the professional will share that perspective, it can structure a benchmark for foundational appraisal. To their great credit, the state and federal trial judges of Georgia are unstinting in assisting to construct that …

Brussels Seminar, Twentieth Annual, Gabriel M. Wilner

Conferences & Lectures

Law & Institutions of the European Communities July 2-22, 1992

Institute of European Studies, Universite Libre de Bruxelles

Faculty of Law, Vrije Universiteit Brussel

Dean's Report 1992, C. Ronald Ellington

Other Law School Publications

No abstract provided.

Profiles In Excellence - Classes Of 1993 & 1994, University Of Georgia School Of Law

Other Law School Publications

Letter from the Dean

The high quality of our students is one of the points of pride of The University of Georgia School of Law. The men and women who enter this school as first-year students come to us with impressive academic credentials and a demonstrated capacity to excel. They are challenged here by a strong faculty, and by each other, to grow intellectually, to develop their skills and talents, and to appreciate the great traditions of the legal profession that they are about to enter. The School of Law commends these outstanding students for their many and varied accomplishments. …

State Taxation Of Nonresidents' Pension Income, Walter Hellerstein

Scholarly Works

This article examines the issues raised by the efforts of some states to tax the pension income of their former residents and of the proposed congressional legislation to forbid such taxation. While there may be sound policy reasons for forbidding state taxation of nonresident pension income, they have yet to emerge clearly from the rhetoric that has thus far dominated the debate over the pension tax issue. The goal of the article is to examine the questions raised by the controversy over state taxation of nonresident pensions in the hope that dispassionate analysis of the problem may contribute to a …

The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson

Scholarly Works

To talk of Madame Justice Wilson in the context of her Scottish background, the Scottish Enlightenment and the Democratic Intellect is one of the most exciting yet daunting tasks I have undertaken. A huge problem, which I will mention first but not discuss, has been to get to grips with her towering intellect. As will become clear, this problem was much diminished by Madame Justice Wilson herself: she writes with a simplicity, grace, rationality and humanity that may even lead one to underestimate the complexity of her thought.

Book Review: Critical Documents Sourcebook Annotated: International Commercial Law And Arbitration (1991), Carol A. Watson

Articles, Chapters and Online Publications

Book review of CRITICAL DOCUMENTS SOURCEBOOK ANNOTATED: INTERNATIONAL COMMERCIAL LAW AND ARBITRATION, by Houston Putnam Lowry (Boston, Mass.: Little, Brown & Co., 1991).

Tragic Tale Recounts First Murder On Uga Campus, Donald E. Wilkes Jr.

Popular Media

Nearly three-quarters of a century ago there was a double-slaying, a murder-suicide, in the second-oldest building still standing on the UGA campus. The killings sent ripples of horror through the Athens community. Although both victims were nonstudents visiting Athens, the double-slaying remains to this day the greatest tragedy involving a homicidal crime ever to occur on the UGA campus. The tragic incident has escaped mention in virtually every published history of Athens or the University of Georgia. Indeed, except for contemporary newspaper accounts, there does not appear to be anything in print giving an account of the double-killing.

Tragic Tale Recounts First Murder On Uga Campus, Donald E. Wilkes Jr.

Popular Media

Nearly three-quarters of a century ago there was a double-slaying, a murder-suicide, in the second-oldest building still standing on the UGA campus. The killings sent ripples of horror through the Athens community. Although both victims were nonstudents visiting Athens, the double-slaying remains to this day the greatest tragedy involving a homicidal crime ever to occur on the UGA campus. The tragic incident has escaped mention in virtually every published history of Athens or the University of Georgia. Indeed, except for contemporary newspaper accounts, there does not appear to be anything in print giving an account of the double-killing.

Crime Statistics We Would Like To See, Donald E. Wilkes Jr.

Popular Media

Every day government agencies, especially those involved in law enforcement, deluge us with crime statistics intended to impress upon us the view that we are undergoing a crime wave and that more police, prosecutors, and prisons, as well as new and tougher laws, are needed.

Volume 27, Issue 2 (Spring 1992), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• 1992 Sibley Lecture
• International Trade Conference
• Professionalism & Ethics Conference
• 1992 Edith House Lecture
• Wilner Named Associate Dean
• Moot Court Victories
• Order of the Coif Induct New Members
• LL.M. Alumni Meet in Paris
• Red Clay Conference
• Client Counseling Competition
• At the Law School
• Calendar of Events
• Copyright Law Book Published
• Class Notes

Volume 27, Issue 1 (Spring 1992), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• A Clean Sweep - 1992 Win Is Most Recent Sign of Georgia's Successful Moot Court Program
• Georgia Law Review Celebrates Silver Anniversary
• Law Day 1991 A Celebration for Alumni and for the Legal Profession
• George T. Smith and George H. Carley Honored
• 1991 Law School Commencement Billy Payne Encourages Law Graduates to Dream
• Diplomas Return to Campus
• Class of 1941 Celebrates Golden Anniversary
• Fall Sibley Lecture - Schwartz Examines Tort Law in America

Advocate, Spring 1992, Vol. 27, No. 2, Office Of Communications And Public Relations

News @ UGA School of Law

INSIDE

• 1992 Sibley Lecture
• International Trade Conference
• Professionalism & Ethics Conference
• 1992 Edith House Lecture
• Wilner Named Associate Dean
• Moot Court Victories
• Order of the Coif Induct New Members
• LL.M. Alumni Meet in Paris
• Red Clay Conference
• Client Counseling Competition
• At the Law School
• Calendar of Events
• Copyright Law Book Published
• Class Notes

Scientific Policymaking And The Torts Revolution: The Revenge Of The Ordinary Observer, Michael Wells

Scholarly Works

My argument will make heavy use of a distinction, introduced by Professor Bruce Ackerman, between two styles of reasoning in addressing legal issues. One is the perspective of the "Ordinary Observer," who begins his analysis by looking at the common practices of laymen and makes legal rules based on the expectation of a well-socialized member of society, without regard to whether the resulting body of law fits into any coherent pattern. Ackerman contrasts this method with that of the "Scientific Policymaker," who begins from the premise that the law should serve some goal or small group of goals and who …

Are Local Governments Liable Under Rule 10b-5? Textualism And Its Limits, Margaret V. Sachs

Scholarly Works

Whether state and local governments can be sued for damages is a question that cuts across subject-area boundaries. This question, which has long confounded courts in the areas of both antitrust and civil rightslaw, now has arisen in a new area: section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5. The thesis of this Article is that a local government is an inappropriate rule 10b-5 defendant, regardless of whether it is the issuer of the securities in question or an alleged participant in a scheme involving corporate securities. The only appropriate rule 10b-5 defendants are private actors.

Crime Statistics We’D Like To See, Donald E. Wilkes Jr.

Popular Media

The federal and state governments gather, correlate, publish, distribute, and publicize vast quantities of crime statistics each year. The FBI, for example, has prepared its Uniform Crime Reports for years, and during the last decade the Bureau of Justice Statistics in the U. S. Department of Justice has each year published a massive volume entitled "Sourcebook of Criminal Justice Statistics." BJS also puts out numerous crime statistics "Bulletins" every year.

Experts As Hearsay Conduits: Confrontation Abuses In Opinion Testimony, Ronald L. Carlson

Scholarly Works

The dispute over whether litigants may use experts to run unexamined hearsay into the trial record is a microcosm of a larger debate. The larger question is whether judicial review of expert testimony should be passive, or whether the expert witness process should be marked by active judicial policing. Does the plethora of expert opinions presently being offered in modern trials merit special scrutiny by the courts?

Some scholars urge that courts must accommodate experts. Proponents of this view favor few challenges to the unrestricted rendition of opinions by an expert, whether the expert is real or self-proclaimed. Under this …

Home And Business Directory For The Class Of 1991, Office Of Legal Career Services

Other Law School Publications

No abstract provided.

Strategic Plan For The School Of Law, 1992, C. Ronald Ellington

Strategic Plan Documents

This 53-page spiral bound booklet includes a detailed strategic plan for the University of Georgia School of Law. It was intended to serve as a 10 year guide for the institution, and specifies that it is an update to the 1989 strategic plan in the document introductory section "The State of the Law School". Although portions of the planning booklet are works of the collective departments at the School of Law, the plan bears the Dean of the Law School's name as author, C. Ronald Ellington.

Strategic Plan For The School Of Law, C. Ronald Ellington

Other Law School Publications

A. The State of the Law School

This Strategic Plan is written in a different economic climate and is predicated on a different set of fiscal assumptions than the Strategic Plan submitted three years ago. The 1989 Strategic Plan formulated goals for improving the School of Law based on optimistic assumptions about five percent and ten percent increases in state funding levels. This Plan compels us to set priorities after a five percent budget reduction in FY92 that is expected to continue to be reflected in the budget base for future years.

The 1989 Strategic Plan, as this one must …

Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia

LLM Theses and Essays

This thesis describes the "intellectual property problem" and how it came to be a focus of the General Agreement on Tariffs and Trade. It addresses the concerns of the developed and the developing world regarding a reform in their intellectual protection regimes. One of the results of this thesis is that reforms that do not stem from developing countries' perceptions of their own interests and needs, and that are not articulated in keeping with broader economic and technological policies, are unlikely to result in stable and predictable rules or to be properly enforced.

The Deregulated Airline Industry: Legal Challenges For The Nineties, Vijayesh D. Roy

LLM Theses and Essays

The United States is one of the few nations where private airline ownership and more than one carrier are permitted, but traditionally the airline industry was heavily regulated by the Civil Aeronautics Board (CAB) with direct regulation of routes, rates, entry, and exit. However with the Airline Deregulation Act of 1978 and the International Air Transportation Competition Act of 1979, Congress removed many restrictions on the airline industry and allowed airlines to make their own economic decisions and operate as traditional commercial enterprises. Although deregulation has produced many benefits like improved efficiency, reduced costs, and a wider range of services, …

Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang

LLM Theses and Essays

One of the major international transactions today is the transfer of technology between nations. Because the U.S. and China are on opposite ends of the technology spectrum, one an advanced technological nation and the other technologically backward, they make excellent trading partners of technology. China’s history of self-reliance and its modern Open Door policy to realize its Four Modernizations are reviewed. This policy of openness is the key to the modernization of China’s economy through the importing of foreign technology. Likewise, the evolution of U.S. policy toward trade with China is analyzed. The U.S. has moved from a policy of …

Approach To Horizontal Restraint: Reliance On Exemption From Antimonopoly Act In Japan As Contrasted With Antitrust Laws In The United States, Yutaka Sumii

LLM Theses and Essays

American politicians and businessmen have criticized the Antimonopoly Act, Japanese antitrust legislation, for allowing horizontal restraints on trade known as cartels. This paper compares and contrasts U.S. antitrust laws with regards to horizontal restrains on trade from that of Japan. A highlighted difference between U.S. and Japanese antitrust legislation is the use of exemptions. The Antimonopoly Act provides for more exemptions immunizing a cartel, such as exceptions for cartels formed during a depression or when the defendants have little market power, than does similar legislation in the U.S. To illustrate how the exemption for cartels in a depressed industry applies …