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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 …

The Trial Of The Century--And Of All Time, Donald E. Wilkes Jr.

Popular Media

The defeat of Nazi Germany brought to the forefront a problem the Allies had been grappling with for years -- what should be done with the Nazi leaders who had not been killed, committed suicide, or escaped into hiding? The Allies agreed that the top Nazi leadership could not allowed their liberty. But beyond that the Allies were in sharp disagreement. Some wanted to summarily execute the Nazi leadership without further ado. Others wanted to place the Nazi leaders on trial and punish them only if convicted. On August 8, 1945 the four principal Allies -- the United States, the …

The Intra-Enterprise Conspiracy Doctrine As Applied To Affiliated Corporations Under Section 1 Of The Sherman Act, Michael B. Menz

LLM Theses and Essays

The thesis revisits antitrust law’s intra-enterprise conspiracy doctrine in the context of affiliated corporations. After an analysis of the doctrine, its tension with the inevitable cooperation in a corporate group, and the reasons for its rejection in a limited setting by the Supreme Court, the paper goes on to explore the groundings for a broader solution. It clarifies how far the lower courts have extended the Supreme Court’s rationale and suggests a consistent standard as to when corporate groups form a single economic unit for purposes of section 1 of the Sherman Act. According to this standard, courts should assess …

Class Schedule - Summer 2002, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Book Review: Sources Of State Practice In International Law, Anne E. Burnett

Articles, Chapters and Online Publications

Book review of SOURCES OF STATE PRACTICE IN INTERNATIONAL LAW, by Ralph Gaebler and Maria Smolka-Day, eds. (Ardsley, NY: Transnational, 2002).

Secured Credit And Insolvency Law In Argentina And The U.S.: Gaining Insight From A Comparative Perspective, Guillermo A. Moglia Claps, Julian B. Mcdonnell

Scholarly Works

It is not the purpose of this study to argue for or against changes in the secured credit or insolvency law of Argentina or the U.S. The perpetual clash of interested noted by James Madison and the contemporary pressures of the global economy are likely to assure that these areas of law will be subject to continuing scrutiny in both countries. Instead, we first urge that the law governing the creation and enforcement of security devices and the way in which insolvency laws impact these devices be considered together as part of one system of financing. The power which secured …

Class Of 2002 Commencement, Larry D. Thompson

Graduation Addresses

No abstract provided.

Government Appeals In Criminal Cases In Georgia, Donald E. Wilkes Jr.

Popular Media

At common law the government was not permitted to appeal in criminal cases unless government criminal appeals were expressly authorized by statute.

Current Problems Of International Taxation Of Electronic Commerce, Nuran G. Kerimov

LLM Theses and Essays

This thesis discusses the main problems that face tax authorities of many countries in the process of taxation of electronic commerce. It analyzes examples of problems posed by the growth of e-commerce in the context international direct and indirect taxation. Current international policy issues are the subject of discussion of the thesis. The thesis also analyzes some of the proposals regarding taxation of electronic commerce.

Public And Private Interests In Copyright Law: Creativity, Science And Democracy Vs. Property And Market, Daryana I. Kotzeva

LLM Theses and Essays

Copyright law in USA has a utilitarian objective, which has to be fulfilled through economic incentives given to authors. Creative works produce social and cultural benefits for society. Often the market power of the copyright owner, combined with property aspirations prevents the free flow of information and impedes learning. Restrictions of copyright owner’s monopoly such as the doctrine of fair use are inevitable. Free speech values in the Copyright Clause are consistent with broad public interest of information and are justified by the notion of liberty. The idea-expression dichotomy reconciles the conflict between the Copyright Clause and the First Amendment. …

The Right To Freedom Of Religion Vis A Vis Religious Intolerance In The New Millennium, Buihe P. Okenu

LLM Theses and Essays

The right to freedom of religion has come to limelight with the increase in religious violence and intolerance. With the multiplicity of religions, there tends to be an increase in conflicts. Protection of religion as well as protection from religion has become a dire necessity, if there is to be peace in our world today. Individual religious rights as well as group rights and religious minority rights need to be addressed. There is need for a convention on religion, which will have binding and legal effect on all nations. The issue of the enforcement of the right to freedom of …

A Comparison Of Environmental Impact Assessment Process Between The National Environmental Protection Act (Nepa) And The Basic Environmental Protection Act (Bepa), V An Rhee

LLM Theses and Essays

The importance of environmental laws in the developed countries has been well recognized for a long time and a number of regulations, orders and statutes are practically operated for protection of human environments. The environmental laws are firmly located as one of major laws in the legal systems of the United States. Although Korea’s environmental laws were made when those of the United States were created, different backgrounds Korea has affect from establishment of them to development and have brought about harms to environments, which are not originally intended. After several amendments of environmental laws of Korea, there is the …

Offshore Investments, Ana Maura M. Safrin

LLM Theses and Essays

This paper presents a study about offshore investments. It offers a broad analysis of the most popular structures used to carry those investments, the reasons why individuals and corporations choose this path and places that offer benefits for foreign investors. It also presents a discussion about the point of view of some international organizations regarding the use of offshore jurisdictions. Since the author is from Brazil, a brief description of the Brazilian laws for investors that "go offshore" is included in addition to the American laws. The work experience of the author with the subject was a good source of …

Balancing Interests: Statute Of Limitations And Repose In Medical Malpractice Cases, Laurie L. Paterson

LLM Theses and Essays

In the 1970s a crisis occurred in the medical malpractice insurance industry. As tort law began to favor plaintiffs, the number and severity of medical malpractice claims increased. Insurance companies inundated with a deluge of claims correspondingly increased their premiums or pulled out of the malpractice insurance industry all together. Some physicians were unable to obtain medical malpractice insurance and others were faced with as much as a 300% rise in insurance premiums. As a result, the medical profession urged states to enact medical malpractice tort reform. Some states’ tort reform included legislation such as award caps, collateral source offset, …

Human Rights And Devolving Standards Of Decency, Donald E. Wilkes Jr.

Popular Media

In 1958 in Trop v. Dulles the U. S. Supreme Court, construing the Bill of Rights provision prohibiting cruel and unusual punishments, struck down a statute under which American soldiers convicted of desertion in wartime were to be stripped of their American citizenship. In his classic opinion for the Court, Chief Justice Warren stated that the Bill of Rights provision at issue, the Eighth Amendment of the U. S. Constitution, "must draw its meaning from the evolving standards of decency that mark the progress of a maturing society."

Book Review: The War Journal Of Major Damon "Rocky" Gause (1999), Donald E. Wilkes Jr.

Popular Media

Book Review of THE WAR JOURNAL OF MAJOR DAMON "ROCKY" GAUSE, by Damon Gause (NY: Hyperion, 1999).

Grade Distribution - 2001 - 2002 Academic Year, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Volume 36, Issue 1 (Spring 2002), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• The Law School Association Celebrates 50 Years
• Family and Friends Day 2002
• Room Dedicated to Alumnus
• Faculty/Staff Foreign Exchange
• $3.2 Million in Renovations
• Graduation 2001
• Homecoming 2001
• Awards Day 2002
• Headlines
• Hirsch Hall Highlights
• Rusk Center's International Insights
• Faculty Accomplishments
• Alumni Activities
• Student Briefs
• Class Notes

Class Schedule - Spring 2002, Office Of Registrar

Semester Schedules and Information

No abstract provided.

On The Importance Of Institutions: Review Of Arbitral Awards For Legal Errors, Peter B. Rutledge

Scholarly Works

In my view, legislatures, rather than courts or parties, should decide whether (and to what extent) courts should review arbitral awards for errors of law. The optimal legislative mechanism should not be compulsory but should offer parties the choice whether to "opt-in" to this regime of expanded review by inserting language to that effect in their arbitration agreement. A legislative solution with an "opt-in" feature has a sounder doctrinal foundation, better respects the distribution of power between various branches of government, involves a lower risk of error and minimizes transaction costs. From this position, two additional conclusions follow: first, courts …

Securing Justice For Women In The United Nations International War Crimes Tribunals And Beyond, Kelly Dawn Askin

Edith House Lectures

Askin is a fellow at the Carr Center for Human Rights Policy at Harvard University as well as a legal consultant to the United Nations and other world agencies in the areas of international humanitarian and criminal law. She has previously served as acting executive director of the War Crimes Research Office at the Center for Human Rights and Humanitarian Law, Washington College of Law, American University. She teaches primarily in the areas of international humanitarian law and international gender issues. She is the author of War Crimes Against Women: Prosecution in International War Crimes Tribunals and chief editor of …

Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson

Scholarly Works

Presidential election controversies are nothing new. They have plagued our republic since 1801, when the fourth election for the office ended in a muddle that nearly deprived the rightful winner of the presidency. Each controversy has led to calls for reform. In every instance, the cryptic and troublesome constitutional text has hampered congressional efforts to correct the problems. Simply stated, the Constitution offers little explicit guidance on when and how Congress can regulate the selection of the President. In this Article, we explore the implications of this textual deficiency, looking both at what Congress has done in the past and …

Federal Guilty Pleas Under Rule 11: The Unfilled Promise Of The Post-Boykin Era, Julian A. Cook

Scholarly Works

Rule 11 of the Federal Rules of Criminal Procedure governs perhaps the most essential and common practice in the federal criminal justice system--the guilty plea. Despite the public's focus on the excitement and drama engendered by real and fictional criminal trials, the overwhelming majority of criminal matters reach a negotiated resolution. Indeed, the importance of the guilty plea to the judiciary, prosecutors, and even defense attorneys cannot be overstated. Without guilty pleas, the criminal justice system would malfunction; the system is simply incapable of accommodating the constitutional exercise of a defendant's trial right in each instance.

The federal plea process …

Annual Report 2001-2002, Office Of Development

Annual Donor Report

No abstract provided.

Admissibility Of Confessions Under Ocga § 24-3-50, The "Hope Of Benefit, Fear Of Injury" Statute, Donald E. Wilkes Jr.

Popular Media

Georgia criminal defense attorneys know that in a state criminal trial aconfession may be inadmissible on federal constitutional grounds if itwas coerced in violation of the 14th Amendment due process clause, elicited in contravention of the right to counsel under the 6th Amendment, seized in violation of 4th Amendment protections, or compelled in violation of the 5th Amendment self-incrimination privilege as construed in Miranda v. Arizona4 and its progeny.

Joseph Henry Lumpkin Inn Of Court Team Members 2002-2003, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

Point Allocation History For Fall 2002, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Mini-Courses, Fall Semester 2002, University Of Georgia School Of Law

Semester Schedules and Information

No abstract provided.

No. 1 - Legal Systems In Transition, Ivana Janu, Josef Bejcek, Gabriel M. Wilner

Occasional Papers Series

A January 24-28, 2000 visit by Justice Ivana Janu, Dean Josef Bejcek, and some of the Czech colleagues to the Dean Rusk Center and the University of Georgia provided an occasion for the exchange of ideas concerning transition in the legal structure and content in the former Socialist states of central and eastern Europe. Justice Janu and Dean Bejcek prepared papers and agreed to their publication. The availability of these two important papers, one on constitutional courts and the other on transitions in commercial law, rendered to the Rusk Center the necessary impetus for the creation of the Occasional Papers …

2002-03 Managing And Editorial Boards, Georgia Journal Of International And Comparative Law

GJICL Editorial Boards

Managing and Editorial Boards for the Academic Year 2002-03