Digital Commons Network^™

New Light On Jfk Assassination, Donald E. Wilkes Jr.

Popular Media

It has been 32 years since the most traumatic day of the century for this nation--that stunning Friday, Nov. 22, 1963, when President Kennedy was assassinated in broad daylight by sniper fire while being driven in an open car through the streets of downtown Dallas.

Reflections On Regional Human Rights Law, Gabriel M. Wilner

Scholarly Works

The principal purpose of the Colloquium, as can be seen from the great attention given to the papers presented by the second panel, was to discuss the uses of customary international human rights law in the defense of human rights before national courts. More generally, these discussions focused on the effectiveness of customary international human rights rules in influencing legislative and policy-making, administrative decisions and, particularly, judicial adjudication, at international and national levels. The initial and wider question of the feasibility of using custom as a source of human rights rules formed the underlying aspects of the debates in the …

Sources Of International Law, Louis B. Sohn

Scholarly Works

To summarize, States can agree on international law begin made in any way they wish. Once they agree on a method, the matter is over. As I have pointed out, every few y ears we invent a new method; there is no end to ingenuity of human beings. by the year 2000, there might be one or two more methods. We are still applying the 19th century rule that international law is made by the community of states, but in every generation the community has been able to invent new methods for crystallizing international law. We finally have accepted the …

The Georgia Death Penalty Habeas Corpus Reform Act Of 1995, Donald E. Wilkes Jr.

Popular Media

On April 10, 1995, Gov. Zell Miller signed into law Georgia's Death Penalty Habeas Corpus Reform Act of 1995. The Act is premised upon the following findings and determinations of the General Assembly: that through direct appeal, sentence review, and habeas corpus the state now provides persons sentenced to death "adequate opportunities" to assert their constitutional rights; that habeas corpus proceedings should not be used by persons sentenced to death "solely as a delaying tactic under the guise of asserting rights;" and that "strict compliance" with habeas corpus procedures "will prevent the waste of limited resources and will eliminate unnecessary …

The Georgia Death Penalty Habeas Corpus Reform Act Of 1995, Donald E. Wilkes Jr.

Scholarly Works

On April 10, 1995, Gov. Zell Miller signed into law Georgia's Death Penalty Habeas Corpus Reform Act of 1995. The Act is premised upon the following findings and determinations of the General Assembly: that through direct appeal, sentence review, and habeas corpus the state now provides persons sentenced to death "adequate opportunities" to assert their constitutional rights; that habeas corpus proceedings should not be used by persons sentenced to death "solely as a delaying tactic under the guise of asserting rights;" and that "strict compliance" with habeas corpus procedures "will prevent the waste of limited resources and will eliminate unnecessary …

Original Intent And Article Iii, Michael L. Wells, Edward J. Larson

Scholarly Works

Article III of the United States Constitution sets limits on the ability of the legislature to expand or contract the jurisdiction of the federal courts. The Supreme Court has generally held that Article III's restraints on the power of the legislature to restrict the jurisdiction of the federal courts are few and extremely permissive. Many scholars, however, argue that Article III imposes some strong limitations on the legislature's ability to define federal jurisdiction. Strangely, both sides of the debate rely on originalist arguments. This Article argues that reliance on the Framers' intent to resolve issues of federal courts law is …

Student Organization Officers, 1995-1996, Office Of Registrar

Materials from All Student Organizations

No abstract provided.

Volume 30, Issue 1 (Fall 1995), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• Graduation 1995: The Legacy of Total Excellence
• In Tribute: Dean Lindsey Cowen, 1920-1995
• Salute: Moot Court Alumni & Friends Honor Jere Morehead
• Introducing UGA Law Students to the World: A Wealth of Opportunity Through International Programs
• New York Times Spotlight on UGA Alums: Small-Town Practice Proves Attractive for Rising Number of Lawyers
• Faculty Scholarship - With the Court Overrule Garcia?--Professor Dan T. Coenen; Making the Case Against Physician-Assisted Suicide--Professor Edward J. Larson
• Report of Annual Giving: 20-Page Insert Found in the Center of The Georgia Advocate
• UGA in the News - Synopsis of the Year in the …

Law School Directory 1995-96, University Of Georgia School Of Law

Other Law School Publications

No abstract provided.

Customary (And Not So Customary) International Environmental Law, Daniel M. Bodansky

Scholarly Works

In this article, Professor Bodansky examines the creation and importance of customary international law. He suggests that the debate over the legal status of any given norm may be misplaced. Instead, he suggests that international lawmakers should spend their time and energy incorporating norms, regardless of their true status, into "concrete treaties and actions." The author begins his discussion by providing a working definition of customary international law. He asserts that such law can be based not just on uniformities of state behavior, as is traditionally held, but also on regularities in behavior. Thus, customary international law can be formed …

Commerce Clause Restraints On State Taxation After Jefferson Lines, Walter Hellerstein, Michael J. Mcintyre, Richard D. Pomp

Scholarly Works

The Supreme Court's 1977 decision in Complete Auto Transit, Inc. v. Brady signaled a paradigmatic shift in the Court's approach to state tax adjudication under the dormant Commerce Clause. In Complete Auto, the Court repudiated the formalistic school of interpretation that once had governed Commerce Clause analysis of state taxation because it bore ‘no relationship to economic realities.’ In its place, the Court embraced a decisional framework that ‘considered not the formal language of the tax statute but rather its practical effect.’ In furtherance of this objective, the Court suggested a four-part test to guide the constitutional analysis of state …

Idealism And The Individual Woman: Reading Bessie Head's A Question Of Power, Paul J. Heald

Scholarly Works

In A Question of Power, South African exile Bessie Head graphically illustrates the relevance of gender difference to religion, political philosophy, and human rights. At first glance, the novel is a startling interior view of the psychosis that can result from constant alienation. The madness so painfully described, however, is portrayed as specific to women. And the road from madness -- the rejection of idealism, the rejection of universalism, and the rejection of power -- carries an important message to those seeking to understand the various feminist perspectives on human rights and spirituality. In Head's view, the recognition of …

Student Handbook 1995-96, University Of Georgia School Of Law

Other Law School Publications

Welcome to the newly-enrolled 1L's and welcome back to the 2L's and 3L's. We hope you had an enjoyable and productive summer.
This student handbook is designed to delineate the policies and procedures of the University of Georgia Law School. along with the University of Georgia Student Handbook, it should be consulted for answers to questions which relate to student matters.
It is important that you familiarize yourself with the policies and procedures contained in this handbook and that you retain it for future reference for routine questions. The material in the handbook is subject to change and the …

Brussels Seminar, Twenty-Third Annual, Gabriel M. Wilner

Conferences & Lectures

Law & Institutions of the European Communities July 3-20, 1995

Institute of European Studies, Universite Libre de Bruxelles

Faculty of Law, Vrije Universiteit Brussel

Dean's Report 1995, Edward D. Spurgeon

Other Law School Publications

No abstract provided.

Profiles In Excellence - Classes Of 1996 & 1997, 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. …

Reader's Guide 1995-96, University Of Georgia School Of Law Library

Other Law School Publications

THE LAW LIBRARY

The Law Library consists of the Main Law Library Building and the Law Library Annex. The Main Building contains three levels of book stacks which correspond to the three floors of the Law School building. These levels are commonly known as the Main Floor, the Balcony, and the Basement The Annex is connected to the Main Building by an over-the street walkway ("The Bridge") located at the west end of the Main Floor. The Annex also contains three floors, known simply as the first, second and third floors. The Bridge enters the Annex on the second floor.

Balancing Federalism And Free Markets: Toward Renewed Antitrust Policing, Privatization, Or A "State Supervision" Screen For Municipal Market Participant Conduct, James Ponsoldt

Scholarly Works

The past decade has witnessed an historic rejection of state control of markets in eastern Europe. Expansion of domestic antitrust immunity policy toward municipal businesses based upon federalism concerns, however, which occurred during the same period, has fostered autonomous governmental control of markets. The judicial application of the Parker doctrine to local government has tended to contradict the premise underlying several generations of U.S. foreign policy designed to support emerging competitive market economies outside the country. Academic analysis of the Parker doctrine during the 1980s was heated and creative. A number of commentators, with varying viewpoints, have addressed the bases …

From Legal Transplants To Legal Formats, Alan Watson

Scholarly Works

Most of the time rulers and governments in the Western world as a whole were little interested in making private law. Instead, the task devolved upon some group of the legal elite who became in effect subordinate law makers without having been given power to make law. Thus, Roman jurists as such were private individuals with no ties to government: they made law when their opinions came to win approval from other jurists. English judges in the Middle-Ages and later were appointed to decide cases: the tradition long was that they found the law but did not make it. Continental …

The Assassination Of Ashley Wilkes, Donald E. Wilkes Jr.

Popular Media

When we think of Ashley Wilkes, Margaret Mitchell's quintessential antebellum Southern gentleman, we instinctively visualize Leslie Howard, the gifted, exquisitely sensitive English actor who played the character so memorably in the classic 1939 motion picture Gone With the Wind.

Jane Anderson: The Nazi Georgia Peach, Donald E. Wilkes Jr.

Popular Media

The thrill-packed life of a little-known Georgian, Jane Anderson, proves that truth is stranger than fiction.

Anderson led an amazing life filled with exciting adventures, daring deeds, breathtaking escapades, and romantic interludes, a life stranger than the dreams of most people. She changed her name several times. She often traveled across the United States, and lived in Georgia, Arizona, Texas, Colorado, and New York City. She criss-crossed the Atlantic ocean in ships numerous times; in Europe she visited 20 countries and lived in London, Paris, Spain, Germany, and Austria. As a young woman she was blessed with a stunning physical …

News, Students Of The University Of Georgia School Of Law

Materials from All Student Organizations

Law Library School of Law

Editor: Booby "go-go" Pettix

Positivism And Antipositivism In Federal Courts Law, Michael Wells

Scholarly Works

What is the proper role of rules in federal courts law? Some scholars associated with the Legal Process assert that rules are unimportant here. They believe that the values of principled adjudication and reasoned elaboration should take precedence over the making and application of rules. The area is, in the jargon of jurisprudence, "antipositivist." Others maintain that rules do, or at any rate should, count heavily in federal courts' decisionmaking. In this Article, I argue that Legal Process scholars are right to spurn formalism in most parts of federal courts law. But the Legal Process model of federal courts law …

Lawyers As Exchange Engineers In Commerce: An Empirical Overview, Sandra M. Huszagh, Fredrick W. Huszagh

Scholarly Works

This article empirical explores the exchange relationship between lawyers and their clients with particular attention on the variables of experience and practice specialty. The lawyers' perceptions of client relationships are preliminarily analyzed in terms of their discrete or relational properties and their distribution within experience segments within the firm. Enriched understanding of these matters can assist both lawyers and their clients in crafting more efficient and effective exchange relationships here viewed as critical to commercial activities.

Volume 29, Issue 2 (Spring 1995), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• Free Trial v. Fair Press
• Striving for Excellence: The School of Law's Service to the Profession and the Public
• Law Day 1995
• Remembering Dean Rusk: February 9, 1909 - December 20, 1994
• My, How Times Have Changed!
• From Athens to Albania
• Faculty Scholarship
• Faculty
• Law Library
• Programs
• Alumni
• Students Compendium
• Class Notes

The Role Of The United Nations In The Maintenance Of Peace Before And After The Year Two Thousand, Gabriel M. Wilner, Karri Palmetier, Richard Bilder, Jordan Paust, Larry D. Johnson, William Clontz, Louis B. Sohn, Frederic Kirgis, Danilo Türk, Josef Rohlik, T.P. Sreenivasan, John A. Macinnis, Raymond Sommereyns, Winston Tubman, Ramu Damodaran, Sean Murphy

Conferences and Symposia to 2010

Two-day conference on United Nations held at the University of Georgia School of Law on March 3 and 4, 1995. The conference consisted of three panels ("United States attitudes on the role of the United Nations regarding the maintenance and the restoration of peace," "Global attitudes on the role of the United Nations on the maintenance and restoration of peace," and "The role of the United Nations with respect to the means for accomplishing the maintenance and restoration of peace"). Included dinner remarks by Louis B. Sohn.

Law And Literature Defining Itself, Paul J. Heald

Scholarly Works

Earlier this spring, the University of Chicago Law School convinced Martha Nussbaum, University Professor of Philosophy, Comparative Literature, and Classics at Brown University, to join its faculty to teach law and literature. At Michigan and Duke, James B. White and Stanley Fish have long held joint appointments in their respective law schools and English departments. What use can law schools possibly have for literary critics? Although over 60 law schools, including Georgia, currently offer a class in law and literature, the focus of this interdisciplinary enterprise remains somewhat fuzzy.

Constitutional Torts: Combining Diverse Doctrines And Practicality, Thomas A. Eaton, Michael Wells

Scholarly Works

Constitutional Torts is, in part, a response to our sense that the upper level curriculum could be improved by courses that bring together areas of doctrine that are often studied in isolation. We think there is substantial value in bringing together seemingly disparate areas of doctrine that bear on a common real-world problem. Students benefit from learning how to put together concepts from different substantive areas in order to solve problems they will face in practice.

Osborne Tried To Overturn Brown Decision, Donald E. Wilkes Jr.

Popular Media

In regard to Richard Stenger's article, "The Bulldog Bell Curve," which appeared in The Observer on Jan. 26th, I wish to point out a few facts concerning R. T. Osborne and his claim that his research and studies show that blacks are in some way intellectually inferior to whites.

Medea And The Un-Man: Literary Guidance In The Determination Of Heinousness Under Maynard V. Cartwright, Paul J. Heald

Scholarly Works

In particular, this Essay brings Dante, C.S. Lewis, and Euripides to bear on a discrete problem examined by the U.S. Supreme Court in Maynard v. Cartwright. Reading Dante's Inferno, Lewis's Perelandra, and Euripides's Medea provides guidance in responding to the Court's mandate that the state channel discretion in capital sentencing. Specifically, these works imply an ethical framework for determining what constitutes an "especially heinous, atrocious, or cruel" murder. Other literary texts are certainly relevant to Maynard. This Essay, however, is not an attempt to survey comprehensively and distill the insights provided by all relevant material, but rather …