Digital Commons Network^™

Book Review: The Human Measure: Social Thought In The Western Legal Tradition (1990), Alan Watson

Scholarly Works

Book review of THE HUMAN MEASURE: SOCIAL THOUGHT IN THE WESTERN LEGAL TRADITION, by Donald R. Kelley (Cambridge, Mass.: Harvard University Press, 1990).

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

Scholarly Works

This paper focuses on the problems of those who do not qualify for a regular admission as refugees, but are detained at the entrance point, or are detained in the United States after being released on temporary parole or pending repatriation. The thesis I shall try to defend is that these persons must be treated according to basic rules of humanitarian law; that they are entitled to be treated as human beings, regardless of any particular legislation or administrative regulations depriving them of basic legal protection granted to citizens and regular residents of the country.

The Beginning And End Of The Rise Of American Tort Law, Gary T. Schwartz

Sibley Lecture Series

No abstract provided.

Admissions Overview Entering Class Of 1994, Office Of Admissions

Other Law School Publications

No abstract provided.

Law School Directory 1991 (First Year), University Of Georgia School Of Law

Other Law School Publications

We are please to publish this Directory for the entering Law school Class of 1991. In addition, information is included for the LL.M. students enrolled for the 1988-89 academic year.

I hope this Directory will be useful to you as you get to know our first-year students. Students are listed in alphabetical order. When available the following information is included: Athens address and telephone number, class section, Law School message box number, undergraduate institution, and hometown. In some instances, no photograph of the student was available; these students' information is provided at the back of the First-year Student section.

With …

Law School Directory 1991-92, University Of Georgia School Of Law

Other Law School Publications

No abstract provided.

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

Scholarly Works

It is virtually impossible to think seriously about torts and not think of negligence; it is virtually impossible to think seriously about negligence and not think of the jury. The staples of the common-law negligence system--striking a liability profile, and assessing a causal loss--are the staples of the civil jury province. The historic inevitableness of the fact, however, has never put the matter beyond reflection, scrutiny, reconsideration, challenge, nor controversy. Assuredly, controversy.

Mindlessness And The Law, Paul J. Heald, James E. Heald

Scholarly Works

No less an authority than Milton Friedman has argued that improving the realism of assumptions in economic theory, although hardly essential to establishing the absolute validity of the theory (purely an empirical question), may offer several benefits. First, a “restructuring” (to use Posner's term) of an assumption may help explain divergences between predicted and observed results. Second, an explanation of why a seemingly unrealistic assumption does not destroy the predictive value of a theory may strengthen the theory by connecting it to “a more general theory that applies to a wider variety of phenomena . . . and has failed …

A Slave's Marriage: Dowry Or Deposit, Alan Watson

Scholarly Works

This articles examines the concept of dowry among marriage of slaves in ancient Rome.

Student Handbook 1991-92, University Of Georgia School Of Law

Other Law School Publications

No abstract provided.

Brussels Seminar, Nineteenth Annual, Gabriel M. Wilner

Conferences & Lectures

Law & Institutions of the European Communities July 2-19, 1991

Institute of European Studies, Universite Libre de Bruxelles

Faculty of Law, Vrije Universiteit Brussel

Dean's Report 1991, C. Ronald Ellington

Other Law School Publications

No abstract provided.

Profiles In Excellence - Classes Of 1992 & 1993, 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. …

Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson

Scholarly Works

The purposes of this Article are twofold. Our first purpose is to reexamine the legal foundations of a patient's right to refuse treatment. The Court's equivocal handling of the federal constitutional issues in Cruzan v. Director, Missouri Department of Health invites a closer look at state constitutional, statutory and common law. The source of the underlying right will affect state experimentation with substantive and procedural rules in this area. Our second purpose is to describe the current status of the states' experiments with the right to die. That is, we elaborate in more detail on the state constitutional, statutory and …

Federal Intellectual Property Law And The Economics Of Preemption, Paul J. Heald

Scholarly Works

In the Sears/Compco decisions, the United States Supreme Court established that federal patent law preempts state prohibitions on the mere copying of unpatented product configurations. After years of harsh criticism by commentators, apparent rejection by the lower courts, and allegedly inconsistent treatment by the Court itself, most had proclaimed this principle far beyond resuscitation. The Court, however, miraculously resurrected the principle in Bonito Boats, Inc. v. Thunder Craft Boats, Inc., which unanimously reaffirmed that intentional copying often should be privileged under federal law. In so doing, the Court provided an expressly economic rationale to be used in future determinations …

Behind The Parity Debate: The Decline Of The Legal Process Tradition In The Law Of Federal Courts, Michael L. Wells

Scholarly Works

Whether there is parity between federal and state courts has become a central question in the law of federal courts, dividing judges and commentators into two well-defined camps. Although the issue rarely arose thirty years ago, it now enters into virtually every discussion of the rules concerning access to federal court for constitutional claims. On one side of the debate, advocates of broad federal jurisdiction over constitutional challenges to state action claim that federal courts are better than state courts at adjudicating these controversies. On the other side, advocates of state court jurisdiction insist that state courts are fully adequate …

Should Michigan Rule Of Evidence 703 Be Revised?, Brian Benner, Ronald L. Carlson

Popular Media

Technical witnesses regularly assist the fact-finding process in Michigan trials. Jury or bench trials in federal and state courts routinely feature the appearance of experts. Properly policed by our courts, few forms of testimony hold more promise for advancing the truth-seeking function of American litigation. The expanding presence of experts raises hard questions. Are the Michigan rules in turn with modern needs? Should the state rule controlling the basis for expert opinion be aligned with the federal pattern? If Michigan Rule of Evidence 703 could stand revision, does proper alteration require significant additions not presently contained in either state or …

Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein

Scholarly Works

This paper considers Justice Scalia's substantive views of the restraints that the commerce clause imposes on state taxation. My purpose is to examine critically Justice Scalia's dormant or "negative" commerce clause analysis of the state tax issues on which he has opined and to draw from that examination some general conclusions about Justice Scalia's commerce clause jurisprudence.

Police Are The Problem, Donald E. Wilkes Jr.

Popular Media

How did a country dedicated to the protection of human rights get into this predicament? There are a number of reasons, but I will mention only a few of the most important.

First, the siege mentality induced by the prevalence of crimes of violence and by the so-called "wars" on crime and drugs produces an atmosphere in which concern for police illegalities is subordinated to the need to "get" criminals. The American public wants the crime problem solved by any means necessary, and they don't care much about what the police do as long as "criminals" are jailed and punished. …

Lawlessness In Law Enforcement, Donald E. Wilkes Jr.

Popular Media

We have all seen the sickening video. Black-uniformed, heavily-armed officers of the law, all of them white, sadistically and repeatedly club and kick a helpless, unarmed black male who writhes on the ground in pain. Numerous other officers of the law stand by and watch, doing nothing to stop the obviously cruel, illegal, and horrifying brutality of their fellow officers.

The Effect Of Interstate Branching On National, State And Local Economies, Walter Hellerstein

Presentations and Speeches

Testimony before the Subcommittee on Economic Stabilization to consider an administration proposal that would permit interstate branching by state and national banks and allow bank holding companies to acquire depository institutions across state lines.

The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen

Scholarly Works

A cornerstone of the United States Constitution is its separation of powers among the legislative, executive, and judicial branches of the national government. The Framers of the Constitution reasoned that separated powers would guard against tyranny by blocking the undue concentration of authority in any single governmental department. In crafting the Constitution, however, the Framers could not anticipate every dispute their scheme of separated powers might engender. One modern separation-of-powers conflict not specifically anticipated by the constitutional text involves so-called "intracircuit nonacquiescence.”

Intracircuit nonacquiescence occurs when executive-branch decision makers refuse to follow a circuit court's precedents even when acting subject …

The Finnigan Case: A Reply To Vogelenzang's Second Stage Apportionment Of Unitary Income, Walter Hellerstein, Jerome R. Hellerstein

Scholarly Works

In this article J. Hellerstein and W. Hellerstein take issue with arguments made by Pierre Vogelenzang in a special report in Tax Notes that California’s second-stage apportionment of the income of a unitary business amounts to unconstitutional extraterritorial taxation. In the Finnigan case, the California State Board of Equalization held that sales made into California by a corporation that is not itself taxable in California, but is a member of a unitary group that is taxable there, are includable in the numerator of the state’s sales factor in apportioning income. The authors defend this result, arguing that the separate identity …

The Incredible Shrinking Bill Of Rights, Donald E. Wilkes Jr.

Popular Media

"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of the civilization of any country. A calm dispassionate recognition of the rights of the accused, and even of the convicted criminal against the state; a constant heart-searching by all charged with the duty of punishment; a desire and an eagerness to rehabilitate . . .; tireless efforts toward the discovery of creative and regenerative processes; unfailing faith that there is a treasure, if you can only find it, in the heart of every man. These are …

Advocate, Spring 1991, Vol. 26, No. 2, Office Of Communications And Public Relations

News @ UGA School of Law

INSIDE

Coif Inducts Class of 1990

First Verner Chaffin Scholar Named

LL.M. Alumni Group Organized

Moot Court Victories

King & Spalding Fund Scholarship

Calendar

Class Notes

Volume 26, Issue 2 (Spring 1991), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• Coif Inducts Class of 1990
• First Verner Chaffin Scholar Named
• LL.M. Alumni Group Organized
• Moot Court Victories
• King & Spalding Fund Scholarship
• Calendar
• Class Notes

Broken Promises Revisited: The Window Of Vulnerability For Surviving Spouses Under Erisa, Camilla E. Watson

Scholarly Works

While there are pervasive problems with the current ERISA legislation, this Article will focus only on survivor benefits and will concentrate in particular on the short-term marriage provision. This Article will maintain that facial neutrality notwithstanding, the short-term marriage provision is discriminatory in effect, grounded in dubious logic, and unsupportable from a historical perspective. In order to demonstrate this, this Article will delve thoroughly into the historical development of ERISA, with particular emphasis on the survivor benefit provisions. The depth to which this Article plumbs the general development of ERISA is intended to demonstrate the weak historical foundation on which …

Home And Business Directory For The Class Of 1990, Office Of Legal Career Services

Other Law School Publications

No abstract provided.

Mock Trial Board, 1991-92, University Of Georgia School Of Law

Materials from All Student Organizations

No abstract provided.

United States Government Contract: The Unilateral Act Of Government Contracting, Sawvalak Chulpongstorn

LLM Theses and Essays

The debarment, suspension, and termination of the Government contract can cause a sudden financial ruin or bankruptcy of the contractor. Consequently, the question of whether the Government’s debarment, suspension, and termination is proper can be of vital importance. This thesis, in consequence, will focus on two major problem areas of the unilateral act of the government in contracting with the contractor. The first problem area is whether the debarment and suspension meet the requirement of due process of law. The second problem area is whether or not the government’s right to terminate the contract is proper or legal in specific …