Digital Commons Network^™

Dean's Report 2003, Rebecca H. White

Other Law School Publications

No abstract provided.

U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh

LLM Theses and Essays

There is an upsurge for foreign investment in developing countries. Developing countries that seek foreign investment actually prefer foreign direct investment. The issue of foreign direct investment has become a controversial issue among developing countries. Though this type of investment provides economic growth, employment, and infrastructure development, developing countries may also suffer legal and economic manipulation by the foreign investors at the expense of their countries’ resources. The foreign investment policies of developing countries that seek such foreign direct investment ultimately determine the actions of foreign investors. In many developing countries, foreign investment policies and other investment regulation are catalysts …

A Historical View Of Intellectual Property Rights In The Palestinian Territories, Ihab G. Samaan

LLM Theses and Essays

Before introducing any new intellectual property (IP) laws in the Palestinian Territories, it is necessary to determine which IP laws are in force there today. This study traces the development of IP laws in Palestine since the end of the Ottoman era until the Palestinian Authority assumed responsibilities in certain parts of the West Bank and Gaza Strip. The study then summarizes the pertinent laws established as currently in force , and offers a comparative analysis of these laws with the requirements of the TRIPS Agreement. Finally, this study raises a number of crucial issues that must be addressed prior …

Legislating Morality: The Duty To The Tax System Reconsidered, Watson

Scholarly Works

Four years ago, I presented a paper at a symposium on professionalism jointly sponsored by the University of Kansas Law School and the Kansas Bar Association. That paper espoused the view (contrary to what appears to be the popular view among tax scholars) that tax lawyers owe no special duty to the "tax system" other than to abide by the law and the applicable standards of professional conduct. During the four-year interim since my last visit to Kansas, however, we have witnessed the deleterious effect of the IRS Restructuring and Reform Act of 1998 (RRA '98) on IRS enforcement and …

Sen. Richard Russell And The Great American Murder Mystery, Donald E. Wilkes Jr.

Popular Media

It has now been forty years since Friday, Nov. 22, 1963, when President John F. Kennedy was assassinated and what is now known as the Great American Murder Mystery was born: Who was involved in the planning and execution of JFK's slaying, and why was it committed?

Understanding Price-Based Antidilution Protection: Five Principles To Apply When Negotiating A Down-Round Financing, Robert P. Bartlett

Scholarly Works

As most venture capital investors are aware, the economic downturn of the past two years—and the concomitant decrease in private company valuations—has created an opportunity for significant returns on new venture investments seldom seen since the early 1990s. Yet while the investment opportunities of the current economic environment may have attractive financial valuations, they frequently come with the added cost of significant transactional complexity. In particular, the issuance of securities by a private company at a price that is below the price previously paid by the company's investors (typically referred to as a “down-round” financing) may trigger one or more …

Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alex Scherr

Scholarly Works

The opinions of experts in prediction in civil commitment hearings should help the courts, but over thirty years of commentary, judicial opinion, and scientific review argue that predictions of danger lack scientific rigor. The United States Supreme Court has commented regularly on the uncertainty of predictive science. The American Psychiatric Association has argued to the Court that "[t]he professional literature uniformly establishes that such predictions are fundamentally of very low reliability." Scientific studies indicate that some predictions do little better than chance or lay speculation, and even the best predictions leave substantial room for error about individual cases. The sharpest …

Lawrence V. Texas: An Historic Human Rights Victory, Donald E. Wilkes Jr.

Popular Media

The Lawrence decision is one of the most momentous pro-individual rights decisions ever adjudicated by the Court, and joins the exalted ranks of the Court's other benchmark decisions advancing human rights, including Brown v. Board of Education (the 1964 school desegregation decision), Roe v. Wade (the 1973 abortion rights decision), and West Virginia Board of Education v. Barnette (the 1943 decision upholding the right of Jehovah's Witnesses schoolchildren to refuse to salute the flag).

Rededication Ceremony, University Of Georgia Alexander Campbell King Law Library

Other Law School Publications

Program from the rededication ceremony for the Alexander Campbell King Law Library which had been extensively remodeled and refurbished.

Student Organization Officers 2003-2004, Office Of Registrar

Materials from All Student Organizations

No abstract provided.

Class Schedule - Fall 2003, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Grade Distribution - Fall Semester 2003, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2003-2004, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

I Am Glad I Got To Know Him, David Shipley

Scholarly Works

This article is part of a number of articles in tribute to L. Ray Patterson, which appear in 11 J. Intel Prop i (2003).

The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen

Scholarly Works

As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …

Race-Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen

Scholarly Works

Part I of this Article examines how the Equal Protection Clause limits the government's ability to engage in race-based affirmative action. Part I focuses on how constitutional law analysis has evolved in light of the Supreme Court's recent decisions in Grutter v. Bollinger and Gratz v. Bollinger. Part II provides a brief description of tax law's public policy limitation. This part shows how the IRS, though not required to do so, has generally followed Equal Protection Clause jurisprudence when applying the public policy limitation to race-based activity by private tax exempt 501(c)(3) institutions. Part III discusses how the Supreme …

Resigning As Dean: Stepping Down Or Stepping Up?, David E. Shipley

Scholarly Works

I am sure that I will enjoy being a regular law professor again, but there are some aspects of being Dean that I will miss. There are also some parts of the job I am happy to leave to my successor. Let me start with the things I am happy are no longer my responsibility.

The Death Flight Of Larry Mcdonald, Donald E. Wilkes Jr.

Popular Media

Twenty years ago, on Thursday, Sept. 1, 1983, Georgia Congressman Larry McDonald suffered a horrible death when a Soviet fighter interceptor shot down the Boeing 747 airliner he was aboard over the Sea of Japan. The 268 other persons on the plane also perished. The airliner, Korean Air Lines 007, on its way to Seoul, South Korea, had twice entered Soviet airspace and was downed as it was about to leave Soviet airspace for the second time.

Jurisdiction To Tax Income And Consumption In The New Economy: A Theoretical And Comparative Perspective, Walter Hellerstein

Scholarly Works

The collection of rules that falls under the rubric of "jurisdiction to tax" has aptly been described as "a body of law in search of a theory." Although this Article lays no claim to advancing such a theory, it does seek to provide a broad theoretical perspective on jurisdiction-to-tax issues raised by income and consumption taxation in the new economy. It is designed to suggest ways of thinking about the fundamental questions involved, questions that are often obscured by a preoccupation with the application of specific jurisdiction-to-tax rules to individualized fact patterns in particularized contexts. In short, this Article is …

Opening Statement -- Making It Stick, Ronald L. Carlson, Michael S. Carlson

Popular Media

Every lawyer who sits down to plan her opening remarks for a coming trial has the same question: How far can I go in arguing my case during the opening statement? Can I mention the law? What about drawing a diagram of the accident on a blackboard? Will my opponent be able to stop me from displaying a couple of my dramatic exhibits to the jury?

Making one's theory of the case "stick" from the very start of the trial depends mightly on how far the lawyer can go in opening statement. Where the defense is primarily a legal or …

Moot Court Teams 2003-2004, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

Interim Measures In International Commercial Arbitration: Past, Present And Future, Sandeep Adhipathi

LLM Theses and Essays

This work is a comparative study of the availability and handling of interim measures in international commercial arbitration in different legal systems. It studies the difference in handling of interim measures and the need for a harmonized structure. It also contains a review of the proposed draft amendment to the UNCITRAL Model Law and further suggests a different version for the amendment.

The Convergence Of Trade And Environment And The Relative Role Of Wto, Xiaoxi Meng

LLM Theses and Essays

The purpose of this thesis is to give a comprehensive explanation of the worldwide trade and environment conflicts and a thorough analysis of the trade and environment debate between trade specialists and environmentalists. After a general introduction of the origin of and the critical issues involved in the trade and environment debate, this thesis discusses the complicated relation between trade and environment on the basis of economic theory and empirical studies. Then it examines the resolution of specific trade and environment conflicts within a multilateral trading system and the relative role of WTO in accommodating environmental interest into the trade …

Protection Of Consumer Privacy In E-Commerce, Choong L. Ha

LLM Theses and Essays

Among the negative effects on Internet consumers, the divulgence of personal information to the public has been reported as one of the most serious infringements on consumer rights. Both consumers and sellers around the world have sought to come up with an optimal solution for information privacy. Several incompatible characteristics of regulating consumer privacy in e-commerce between the U.S. and Korea were explored, and curative suggestions were made to establish a new legal framework to protect online consumer privacy. First, Korea’s regulations for protecting online consumer privacy were found to be centrally controlled, while the U.S. authorities have encouraged self-regulation. …

Security Interests In Intellectual Property Rights: The Time Has Come For The Enactment Of New Laws, Esteban Mazzucco

LLM Theses and Essays

This study deals with all the problematic issues surrounding the use of intellectual property as "collateral," analyzing two legal systems, and addressing that the time has come for the enactment of laws which regulate how security interest in intellectual property should effect. This study also points out the importance of intellectual property rights as another asset in business transactions and the difficulties that the valuation process presents. The central idea of this work is that if lenders and borrowers can successfully utilize IP assets for collateral, borrowers can tap and additional source of funding, and creditors can finance a broader …

Explosive Dynamic Entry: The Increasing Militarization Of The Police Makes Citizens Into Enemies, Donald E. Wilkes Jr.

Popular Media

At 6 a.m. on Friday, May 16, 2003, 57-year old Alberta Spruill was in her residence, Apartment 6F at 310 W. 143rd Street in the Harlem Section of New York City, preparing to leave for work. Spruill, a quiet, church-going woman, was a municipal worker, employed at the Division of Citywide Administrative Services. She had been a city employee for 29 years, and each weekday would take the bus to her job. To her, that Friday morning must have seemed like the beginning of just another ordinary day. She mercifully did not know that she would never again head for …

A Little Bit Of Shooty Face, Donald E. Wilkes Jr.

Popular Media

The Wall Street Journal, citing unnamed government sources, recently revealed that American intelligence agents and law enforcement officials stationed in Afghanistan and at Guantanamo Bay have been authorized to use “a little bit of smacky face” to make prisoners talk during interrogation. “If you don’t violate someone’s human rights some of the time, you probably aren’t doing your duty,” one anonymous U. S. official was quoted as saying. Americans were assured, however, that the face-slapping of prisoners to induce them to talk was nothing to worry about. There would be no revival of the third degree for persons arrested on …

Class Schedule - Summer 2003, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Volume 37, Issue 2 (Summer 2003), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• A Message to Alumni from Dean David E. Shipley
• Headlines
• Hirsch Hall Highlights
• Class of 2003 Commencement
• Making the Grade--The Law Library Sports A+ Furnishings
• Awards Day 2003
• George T. Smith Has Grown Accustomed to Standing Out in a Crowd
• Salute to Alumni in the Military
• International Insights
• Faculty Accomplishments
• Happy 75th Anniversary, Helen!
• Student Briefs
• Alumni Activities
• Class Notes
• In Memoriam
• Calendar of Events

Federal Taxation (2002 Eleventh Circuit Survey), David A. Brennen

Scholarly Works

During 2002 federal courts in the United States decided nineteen cases that directly impact federal tax law in the Eleventh Circuit. These cases involve a variety of tax law matters including Federal Insurance Contributions Act ("FICA") payroll tax, estate and gift tax, IRS authority to levy and assess tax, and discharges in bankruptcy. Other tax-related matters addressed by courts in 2002 that impact tax law in the Eleventh Circuit include inventory recapture in an S-corporation conversion, attorney fees for the prevailing party in a tax dispute, and injunctions against tax preparers. By far the most important tax case decided in …