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Dean's Report 2002, David E. Shipley

Other Law School Publications

No abstract provided.

Book Review: The Betrayal Of America: How The Supreme Court Undermined The Constitution And Chose Our President (2001), And Supreme Injustice: How The High Court Hijacked Election 2000 (2001), Donald E. Wilkes Jr.

Popular Media

Book Review of THE BETRAYAL OF AMERICA: HOW THE SUPREME COURT UNDERMINED THE CONSTITUTION AND CHOSE OUR PRESIDENT, by Vincent Bugliosi (Thunder's Mouth Press/Nation Books, 2001), and SUPREME INJUSTICE: HOW THE HIGH COURT HIJACKED ELECTION 2000, by Alan Dershowitz (Oxford University Press, 2001).

The U.S. Supreme Court Hears The Mickey Mouse Case, L. Ray Patterson

Popular Media

The case of Eldred v. Ashcroft, argued before the U. S. Supreme Court on October 9, 2002, is the most important copyright case since 1834, when the court decided its first, Wheaton v. Peters. In Wheaton, the court ruled that under the Copyright Clause of the U.S. Constitution only Congress can grant copyright for published works. In Eldred, the court will decide the scope of Congress’ copyright power. May Congress grant, in the words of the Copyright Clause, copyright only for a "limited time" or may Congress extend the time already granted for existing copyrights? This is what Congress did …

Employee Interests In Bankrupcy: Lessons From Enron, Lorie Johnson

Popular Media

Enron employees lost over $1 billion in retirement savings when the company failed and filed for bankruptcy protection. Many of these employees also lost their jobs. Enron employees were both visible and vocal about their losses, quickly obtaining the support of both the AFL-CIO and Jesse Jackson’s Rainbow/Push Coalition in their fight to get some redress for their losses. Since Enron was current on its payroll at the time of the bankruptcy filing, employees’ losses consisted of severance payments totaling $145 million and the losses associated with investments in Enron stock through their 401(k) accounts.

An End To The Political Question Doctrine In Korea?: A Comparative Analysis, Myeong-Sik Kim

LLM Theses and Essays

The political question doctrine is one of the controversial issues in Korea and U.S. The most important point is, however, that the current trend on political questions in Korea is in line with that of American judicial activism. In other words, both countries are trying to narrow the range of the doctrine. Nonetheless, the two are proceeding in sharply opposite directions. Fully matured, even excessively extended American judicial activism should return to the classical separation of powers doctrine. In contrast, a developing Korean judicial activism should be accelerated by the support and encouragement of the people, in support of the …

Conflict Of Laws In The Enforcement Of Foreign Awards And Foreign Judgments: The Public Policy Defense And Practice In U.S. Courts, Anupama Parameshwaran

LLM Theses and Essays

Public policy is one of the defenses that a court or a party may invoke in order to resist enforcement of an unjust foreign award or judgment. The purpose of this study is to analyze the status of the public policy as a defense to enforcement in the U.S and to examine its success rate. The thesis will contain suggestions to make public policy a more meaningful defense with respect to the enforcement of foreign judgments and its role in bringing about uniformity in the field of foreign judgments will be analyzed.

International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga

LLM Theses and Essays

Corporate governance has become a bonafide subset of company’s law that is concerned with who directs the company and for whose benefit. Its application varies in countries found in the main legal jurisdictions of common and civil law. This thesis identifies these differences by highlighting national corporate governance systems existing in Germany, Japan, United Kingdom and United States. Together, these countries represent systems adopted by several countries located on all continents. Increased cross border investment in this era of globalization has been significantly affected by these governance systems. The thesis shows the reasons why investors, multinational corporations and nations have …

The Rosetta Stone Of The Jfk Assassination?, Donald E. Wilkes Jr.

Popular Media

In his book November 22, 1963: You Are the Jury (1973), David Belin, Assistant Counsel to the Warren Commission and one of the chief defenders of the Warren Report, asserts that “[t]he Rosetta Stone to the solution of President Kennedy’s murder is the murder of Officer J. D. Tippit. . . . Once [it] is admitted that Oswald killed Patrolman J. D. Tippit, there can be no doubt that the overall evidence shows that Lee Harvey Oswald was the assassin of John F. Kennedy.”

Conference On Problems In Discovery And Professionalism, Office Of Communications And Public Relations

Conferences and Symposia to 2010

Conference Agenda from the Conference on Problems in Discovery and Professionalism

The Emerging Law Of The Internet, Arthur Miller

Sibley Lecture Series

The consequences of living in a totally global environment have been given new meaning with the Internet. Any piece of information about anyone of us can move anywhere in the world in two seconds. … It [the Internet] can only be dealt with on an international basis. Today’s students will become the regulators of cyberspace tomorrow.

Llm Reunion Weekend 2002, University Of Georgia School Of Law Llm Alumni Association

Other Law School Publications

Video features Priti Suri, Christof Siefarth, Thomas Bentler, Bernd Thalmann, Patrick Specht, Ainhoa Veiga Torregrosa, Sanjiv Verma, Ravi Kini. Directed by Alan Sutin.

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2002-2003, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

Grade Distribution - Fall Semester 2002, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Law Library Guide 2002-2003, University Of Georgia School Of Law Library

Other Law School Publications

No abstract provided.

Student Organization Officers 2002-2003, Office Of Registrar

Materials from All Student Organizations

No abstract provided.

The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson

Scholarly Works

The thesis of this Article is that the Digital Millennium Copyright Act of 1998 (DMCA) in the United States is a modern version of the Licensing Act of 1662 in England. The English censorship statute is sufficiently obscure to merit an explanation of why the similarity and why it makes a difference. The reasons can be simply stated. The statutes are similar because they represent the same goals: the control of access to ideas. The similarities make a difference because a legal construct to control public access to ideas undermines -- and will eventually destroy -- the right of free …

Means/Ends Analysis In Copyright Law: Eldred V. Ashcroft In One Act, Dan T. Coenen, Paul J. Heald

Scholarly Works

Scene: The quiet hallway of a law school. A troubled young professor of Intellectual Property law stands in front of a senior colleague's office and studies a pencil sketch of Bushrod Washington taped to the door. After a moment's hesitation, he knocks and enters.

Class Schedule - Fall 2002, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Means/Ends Analysis In Copyright Law: Eldred V. Ashcroft In One Act, Dan T. Coenen, Paul J. Heald

Scholarly Works

The authors examine Eldred v. Ashcroft in a play setting where one of the characters plays a constitutional law professor and the other character plays an intellectual property professor.

Symposium On The Ilc's State Responsibility Articles: Introduction And Overview, Daniel M. Bodansky, John R. Crook

Scholarly Works

In August 2001, the International Law Commission (ILC) adopted its “Draft Articles on the Responsibility of States for Internationally Wrongful Acts,” bringing to completion one of the Commission's longest running and most controversial studies. On December 12, 2001, the United Nations General Assembly adopted Resolution 56/83, which “commend[ed the articles] to the attention of Governments without prejudice to the question of their future adoption or other appropriate action.”

The ILC articles address the fundamental questions: when does a state breach an international obligation and what are the legal consequences? Rather than attempting to define particular “primary” rules of conduct, the …

Volume 37, Issue 1 (Fall 2002), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• Headlines
• Hirsch Hall Highlights
• Graduation 2002: A Day to Remember
• International Insights
• A New Look for Georgia Law
• A Tribute to Ann Smith
• Faculty Accomplishments
• The Chaffin Legacy
• Student Briefs
• Homecoming 2002
• Alumni Activities
• Sanders Donates $1 Million to School of Law
• University of Georgia School of Law Nomination Form for the Law School Association's 2003 Distinguished Service Scroll Award
• Reunion Weekend 2001
• Reunion Weekend 2002
• Class Notes
• In Memoriam
• Calendar of Events

Sneak And Peak Search Warrants, Donald E. Wilkes Jr.

Popular Media

In his recent article "Taking Liberty with Freedom," author Richard P. Moore reminds us that the USA Patriot Act, signed by President Bush last Oct. 26 in the wake of the Sept. 11 terrorist attacks, "gives the government the kind of sweeping powers of arrest, detention, surveillance, investigation, deportation, and search and seizure that ... assault ... our most basic freedoms."

I want to examine here a single section of the USA Patriot Act--section 213, definitely one of the most sinister provisions of this monstrous statute.

Llm Alumni Newsletter September 2002, University Of Georgia School Of Law Llm Alumni Association

Other Law School Publications

No abstract provided.

Sneak And Peek Search Warrants And The Usa Patriot Act, Donald E. Wilkes Jr.

Popular Media

A sneak and peek search warrant (also called a covert entry search warrant or a surreptitious entry search warrant) is a search warrant authorizing the law enforcement officers executing it to effect physical entry into private premises without the owner’s or the occupant’s permission or knowledge and to clandestinely search the premises; usually, such entry requires a stealthy breaking and entering.

The Rehnquist Court, Structural Due Process, And Semisubstantive Constitutional Review, Dan T. Coenen

Scholarly Works

Semisubstantive review, as I use that label, entails four key features. First, the subject matter of judicial inquiry is not the process applied in adjudicating a discrete dispute; rather, the matter at hand is the constitutionality of a statute or other generalized expression of legal policy. Second, some procedural omission by the lawmaker -- rather than an incurably substantive flaw in the end product of its work -- lays the groundwork for a judicial intervention that invalidates the challenged rule or negates how that rule otherwise would operate. It may be, for example, that a federal statute read as a …

Modernizing The Law Of Secured Transactions: Nonuniform Provisions Of Georgia's Revised Article 9, James C. Smith

Scholarly Works

Article 9 of the Uniform Commercial Code governs secured transactions in personal property and fixtures. In 1990, the sponsors of the U.C.C. launched a major revision project, which culminated in Revised Article 9. Judged by the marketplace of state legislatures, the project turned out to be a remarkable success story of law reform. Between 1998 and 2001, all fifty states plus the District of Columbia enacted Revised Article 9. In Georgia, the revision process began in 1999 with the State Bar of Georgia's appointment of the Revised Article 9 Subcommittee of the Business Law Section. The seventeen-member committee, composed of …

Freedom Of Speech, Cinema And Censorship: A Comparative Analysis Of Issues Of Freedom Of Speech Violations As A Result Of The Rating Regulation Authorities In The Motion Picture Industry In France And The United States, Stephanie Grenier

LLM Theses and Essays

Motion pictures may be the single greatest cultural influence on the collective psyche, along with television. The silver screen has become a reflection of France (where it was first invented) and the United States (where cinema is a major art form) as nations. With, arguably, [sic] is the national character of these countries at stake; one would expect the government to assert a substantial interest in monitoring this powerful cultural instrument. They do so in France, the industry in charge of it in the United States. Therefore, the success of the motion picture industry has come at the expense of …

Minority Shareholders And Oppression In Close Corporations: Contracting As An Effective Protection Device, Marcella Machado Carneiro

LLM Theses and Essays

Minority shareholders have been facing problems generated by oppressive behavior of majority shareholders since people started to incorporate. Due to unique characteristics of close corporations, those problems acquire a different dimension when this kind of enterprise is involved. The absence of market for its shares, the nature of the relationship among its partners, and the expectations of the participants on the business create an environment in which oppression develops extremely easily. Along with the help courts and legislators have been providing through increasingly flexible decisions and statutes, practice has shown that there is much to be done by the minority …

An Analysis Of The Duty To Negotiate In Good Faith: Precontractual Liability And Preliminary Agreement, Aarti Arunachalam

LLM Theses and Essays

Good faith is one concept that defies a clear definition and courts have struggled to understand and establish its scope and ambit. This paper just seeks to analyze the scope of the duty of good faith as understood at the stage when actually no contract has been formed. Despite considerable support for the existence of a duty of good faith, courts in US have not been very receptive in recognizing the duty of good faith especially in the precontractual stage, especially when parties enter into preliminary agreement. Courts have relied on the a number of factors to determine the enforceability …

Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu

LLM Theses and Essays

Lawyers are facing strong competition from accounting firms in mergers and acquisitions. Finance and accounting globalization and multidisciplinary practice makes accounting firms more competent, challenging lawyers’ value. However, lawyers create enormous value in mergers and acquisitions, such as structuring the form of transactions, managing due diligence investigation, reducing the costs of acquiring and verifying information, ensuring corporations follow the relevant regulations preventing legal liabilities, and preventing antitrust issues or invoking antitrust challenge. Teamwork will facilitate mergers and acquisitions transactions. Restricted multidisciplinary practice will not affect lawyers’ and accountants’ ethics and independence. Legal education should be improved to help lawyers become …