Digital Commons Network^™

Redress For 'Some Folks': Pursuing Justice For Victims Of Torture Through Traditional Grounds Of Jurisdiction, Karen Hoffman Esq.

Georgia Journal of International & Comparative Law

No abstract provided.

American Hypocrisy: How The United States' System Of Mass Incarceration And Police Brutality Fail To Comply With Its Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, R. Danielle Burnette

Georgia Journal of International & Comparative Law

No abstract provided.

Contorting Common Article 3: Reflections On The Revised Icrc Commentary, Michael A. Newton

Georgia Journal of International & Comparative Law

No abstract provided.

Comment: Containerization Of Contraband: Battling Drug Smuggling At The Fourth Busiest Container Handling Facility In The United States, Adam Smith

Georgia Journal of International & Comparative Law

No abstract provided.

Let Your Conscience Be Your Guide: Comparing And Contrasting Washington's Death With Dignity Act And Pharmacy Regulations After The Ninth Circuit's Decision In Stormans, Inc. V. Wiesman, Jared B. Magnuson

Georgia Law Review

In 2015, the Ninth Circuit held in Stormans, Inc. v.
Wiesmani that the Christian owners of a pharmacy in
Washington who objected to carrying and distributing
emergency contraception because it conflicted with their
religious beliefs must distribute those drugs under the
state's pharmacy regulations. Washington's
Pharmacist Responsibility Rule and Delivery Rule
require pharmacy owners to carry and distribute
emergency contraception but do not allow any
exemptions for owners or pharmacists who object to
doing so for conscience reasons. At the same time,
Washington's Death with Dignity Act makes physician-
assisted suicide legal in the state and contains a broad
exemption …

Bail And Mass Incarceration, Samuel Wiseman

Georgia Law Review

It is widely known that the United States has the highest incarceration rate in the developed world, and the causes and ramifications of mass incarceration are the subject of intense study. It is also increasingly widely recognized that the high rates of pretrial detention, often linked to the use of money bail, are unjust, expensive, and often counterproductive. But, so far, the links between money bail, pretrial detention, and mass incarceration have been largely unexplored. Our criminal justice system relies primarily on plea bargains to secure convictions at a relatively low cost. And, as shown by recent empirical work, the …

Bailing On Bail: The Unconstitutionality Of Fixed, Monetary Bail Systems And Their Continued Use Throughout The United States, Margaret E. Margaret

Georgia Law Review

Incarceratingdefendants prior to trial was designed to be
the exception, not the norm. Many state and local
jurisdictionsthroughout the United States, however, employ
fixed, monetary bail systems that result in the systematic pre-
trial incarceration of indigent defendants solely because of
their inability to pay for their release. Not only do such bail
systems violate indigent defendants' constitutional rights,
they also contribute to the billions spent by local governments
each year on maintainingovercrowded jails and have lasting
effects on those indigent defendants wrongfully detained.
This Note explores the constitutionalityof fixed, monetary
bail systems through the lens of a recent Georgiacase, …

Volume 52, Issue 1 (2018), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• From the law school's leaders
• From the Dean: Delivering on our promise
• 2017-18 Advocacy Season: Three national titles and coveted state trophy
• New legal clinic: Assisting Georgia veterans
• Benham Scholars Program to enhance diversity in legal education and the profession
• Jackson named associate director of admissions and diversity programs
• Committed to preparing legal leaders
• Students answering public service call in record numbers
• School of Law hosts Supreme Court of Georgia
• Batten becomes instructor-in-residence in Atlanta
• Appellate clinic expands to Ninth Circuit
• Conference and symposia highlights
• Law School Life
• Student Profiles
• Support your passion. Make an impact. Commit …

Volume 51, Issue 1 (Summer 2017), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• From the law school's leaders
• From the Dean: Prepare. Connect. Lead.
• Distinguished jurists teach; five jurists, including a U.S. Supreme Court justice. lead law courses
• Committed to excellence
• Record-breaking public interest fellowships: 36 students awarded grants totaling $68,000
• Building Relationships: Mentorship program offers connection
• Appellate Litigation Clinic wins case, serves clients
• Chambliss continues as Sanders Scholar
• Three national titles claimed in advocacy and negotiation
• Commit to the School of Law, Commit to Georgia
• Conference highlights
• Scholarships provide for first-rate training and opportunities
• Law School Life
• Student profiles
• Class of 2017 Commencement
• Conference addresses child endangerment and sexual …

Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Mass Suppression: Aggregation And The Fourth Amendment, Nirej Sekhon

Georgia Law Review

The FourthAmendment's exclusionary rule requires that
criminal courts suppress evidence obtained as a result of
an unconstitutionalsearch or seizure. The Supreme Court
has repeatedly stated that suppression is purely
regulatory, not remedial. Its only purpose is to deter
future police misconduct, not to remedy past privacy or
liberty harms suffered by the defendant. Exclusion, in
other words, is for the benefit of community members who
might, sometime in the future, be subject to police
misconduct like that endured by the defendant.
Exclusion's regulatory purpose would be greatly aided if
criminal courts could identify when a suppression motion
involved Fourth Amendment …

Disparate Impact In Big Data Policing, Andrew D. Selbst

Georgia Law Review

Data-driven decision systems are taking over. No
institution in society seems immune from the
enthusiasm that automated decision-making generates,
including-and perhaps especially-the police. Police
departments are increasingly deploying data mining
techniques to predict, prevent, and investigate crime.
But all data mining systems have the potential for
adverse impacts on vulnerable communities, and
predictive policing is no different. Determining
individuals' threat levels by reference to commercial
and social data can improperly link dark skin to higher
threat levels or to greater suspicion of having
committed a particularcrime. Crime mapping based
on historical data can lead to more arrests for nuisance
crimes …

The Problematic Prosecution Of An Asian American Police Officer: Notes From A Participant In People V. Peter Liang, Gabriel J. Chin

Georgia Law Review

Peter Liang is a former New York City Police Officer convicted
of accidentally killing a twenty-eight-year-old African-American
man, Akai Gurley in the stairwell of a Brooklyn housing project.
On the evening of Thursday, November 20, 2014, Mr. Liang was a
rookie officer, 11 months out of the police academy. He and his
partner Shaun Landau, also a rookie, were on patrol in the Louis
Pink Houses, a public housing project built by Robert Moses in
East New York, Brooklyn. They were pulling, a mandatory
overtime shift ordered because of recent shootings in the Pink

Houses. This was only their second …

"G" Is More Than "Pc" For Georgia: Why Prospective Adoption Of Aba Model Rule 8.4(G) Is A Viable Measure To Combat Discrimination And Harassment, Katie M. Wroten

Georgia Law Review

In August 2016, the American Bar Association
passed Model Rule 8.4(g) into its Model Rules of
Professional Conduct. The rule declares it misconduct
for a lawyer to harass or discriminate based on race,
sex, religion, national origin, ethnicity, disability, age,
sexual orientation, gender identity, marital status or
socioeconomic status. The scope of the rule extends to
lawyers' conduct outside of the courtroom, including
conduct related to the practice of law. The rule aims to
eliminate bias in the profession and justice system.
The Supreme Court of Georgia has yet to adopt any
version of Model Rule 8.4(g) in its comment …

You Have The Right To Free Speech: Retaliatory Arrests And The Pretext Of Probable Cause, Katherine G. Howard

Georgia Law Review

An important question about an individual's First
Amendment freedoms arises when a citizen or journalist is
arrested while verbally challenging, filming, or writing
about police actions. Did the police officer have legitimate
law enforcement reasons for the arrest, or was the arrest in
retaliationfor engaging in First Amendment activities the
officer did not like? Courts have grappled with the best
way to resolve this question, often importing the Fourth
Amendment's bright-line rule about probable cause into
analyses of FirstAmendment retaliatoryarrest claims and
barringthose claims were the officer had probable cause to
arrest. This Note argues that when retaliatory arrest
claims …

An Aggravating Adolescence: An Analysis Of Juvenile Convictions As Statutory Aggravators In Capital Cases, Lesley A. O'Neill

Georgia Law Review

In death penalty cases there is a requirement that
certain statutory aggravators must be present in order to
reach a death verdict. One such statutory aggravator in
most states is the defendant having previously committed
a felony, which can include crimes committed as a
juvenile. While the Supreme Court ruled in 2005 that
sentencing a defendant to death for crimes they committed
as a juvenile is unconstitutional, many states' death
penalty statutes allow for the possibility that the sole
aggravator relied on for a verdict of death is a previous
juvenile conviction. This Note argues that based on the
Court's …

Keynote Address, Erwin Chemerinsky

Georgia Law Review

Michael Brown, Eric Garner, Walter Scott, Laquan McDonald,
Freddy Gray. So many others like them, who died as a result of
police abuses. It is, of course, why we are here today. We are also
here, as we have discussed throughout the day, to discuss the day
to day violations of constitutional rights by police that are endemic
across the country.
It is important to remember this is not new. Almost fifty years
ago, the National Commission on Civil Disorders, often called the
Kerner Commission, released its report, and discussed how almost
every major riot that occurred in a city …

Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, And Automatic Activation, Mary D. Fan

Georgia Law Review

A movement toward police regulation by recording is
sweeping the nation. Responding to calls for
accountability, transparency and better evidence,
departments have rapidly adopted body cameras.
Recording policies require the police to record more law
enforcement encounters than ever before. But what
happens if officers do not record? This is an important,
growing area of controversy. Based on the collection
and coding of police department body camera policies,
this Article reveals widespread detection and
enforcement gaps regarding failures to record as
required. More than half of the major-city departments
in the sample have no provisions specifying
consequences for not recording …

Give It To Me, I'M Worth It: The Need To Amend Georgia's Record Restriction Statute To Provide Ex-Offenders With A Second Chance In The Employment Sector, Bonita A. Huggins

Georgia Law Review

In the era of mass criminalization, where over 70
million Americans and almost four million Georgians
have a criminal record, the collateral consequences that
accompany criminal records have become barriers to
employment for many ex-offenders trying to reenter the
workforce. Blanket exclusionary hiring policies that
apply to all individuals with a record regardless of the
nature of the offense or time since its commission have
left a portion of the population with little to no
opportunity to act as productive, contributing members
of society.
Georgia's current statutory scheme built to alleviate
the effects of the collateral consequences of a criminal …

The Grand Jury: A Shield Of A Different Sort, R. M. Cassidy, Julian A. Cook Iii

Georgia Law Review

According to the Washington Post, 991 people were shot to
death by police officers in the United States during calendar year
2015, and 957 people were fatally shot in 2016. A
disproportionate percentage of the citizens killed in these police-
civilian encounters were black. Events in Ferguson, Missouri;
Chicago, Illinois; Charlotte, North Carolina; Baton Rouge,
Louisiana; and Staten Island, New York-to name but a few
affected cities-have now exposed deep distrust between
communities of color and law enforcement. Greater transparency
is necessary to begin to heal this culture of distrust and to inform
the debate going forward about police practices …

Youth-Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig Futterman, Chaclyn Hunt, Jamie Kalven

Georgia Law Review

We write from Chicago, a city in upheaval following revelations
about the police shooting of seventeen-year-old Laquan McDonald.
In a matter of days, public debate about patterns of police abuse
and impunity, a discourse extending back to the 1960s and beyond,
has undergone a Copernican revolution. A set of propositions about
the nature of the problem, fiercely resisted for decades by public
and private interests, has been embraced by officials and the
media as axiomatic.
Perhaps the most striking expression of this sea change was the
speech Mayor Rahm Emanuel gave to the Chicago City Council on
December 9, 2015. …

"Clientless" Prosecutors, Russell M. Gold

Georgia Law Review

Class counsel and prosecutors have a lot more in
common than scholars realize. Because these lawyers
have to make decisions on their client's behalf that clients
would make in other contexts, they prompt substantial
concerns about lawyers' accountability to their clients.
Accordingly, there is a lot that each context can learn from
the other about how to hold these lawyers accountable.
This Article considers what criminal law can learn from
class action law. Its central insights are first that diffuse
entities comprised largely of apathetic individuals cannot
be expected to hold their lawyers accountable. And second,
to combat that accountability …

Commodifying Policing: A Recipe For Community-Police Tensions, Nora V. Demleitner

Georgia Law Review

Deadly police-citizen encounters do not occur in a vacuum.
They reflect our times and our society. Since the fatal shooting of
Michael Brown in Ferguson, Missouri, the nation's attention has
been riveted on police killings. In small towns and large cities,
virtually all of the victims have been African-American. In some
cases, the fatal encounters led to riots. Large-scale investigations
by the Department of Justice's Civil Rights Division have provided
insight into some of the incidents.
Deadly police actions against citizens can be viewed as an
internal police problem,' as a symbol of larger societal challenges,
especially racism, or as …

State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett

Georgia Law Review

In April of 1997, the U.S. Department of Justice (DOJ) reached
a settlement agreement with the Pittsburgh Bureau of Police
(PBP) to correct a pattern of unconstitutional misconduct.' It was
the first time the DOJ had used 42 U.S.C. § 14141 to intervene
into a local police department to correct systemic misconduct.
The statute, passed in response to the Rodney King beating,
provides the U.S. Attorney General with the power to seek
equitable relief against troubled local police departments.
As the reform process began to unfold in Pittsburgh, "problems
soon emerged." The consent decree required Pittsburgh to
improve its process …

Urban Policing And Public Policy-The Prosecutor's Role, Bruce Green

Georgia Law Review

No abstract provided.

Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.

Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.

Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin

Georgia Journal of International & Comparative Law

No abstract provided.

Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.