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Book Review: The I Chong: Meditations From The Joint (2006), Donald E. Wilkes Jr.

Popular Media

Book Review of THE I CHONG: MEDITATIONS FROM THE JOINT, by Tommy Chong (NY: Simon Spotlight Entertainment, 2006).

Pot Pope Imprisoned, Donald E. Wilkes Jr.

Popular Media

From 1995 to 2003, the most recent year for which we have statistics, sentenced drug offenders accounted for 49% of the growth in the number of inmates in federal prisons. In 2003, 55% of all federal prison inmates (87,000 of 158,000) were sentenced for drug offenses.

Crumbs From The Master's Table: The Supreme Court, Pro Se Defendants And The Federal Guilty Plea Process, Julian A. Cook

Scholarly Works

This Article will commence with a review of the rather significant evolution of Rule 11, including a review of several pertinent Supreme Court decisions that have helped shape its current structure. Thereafter, the predominant judicial methodology for conducting Rule 11 hearings will be discussed. Specifically, this Article will take a brief but critical look at, inter alia, the examination techniques employed by the judiciary when conducting Rule 11 hearings, and conclude that the process typically employed inadequately assesses whether a defendant's guilty plea was entered into knowingly and voluntarily. Next, this Article will discuss two very recent Supreme Court decisions--United …

Annual Report 2005-2006, Office Of Development

Annual Donor Report

No abstract provided.

Materiality And Social Change: The Case For Replacing "The Reasonable Investor" With "The Least Sophisticated Investor" In Inefficient Markets, Margaret V. Sachs

Scholarly Works

The current materiality standard for federal securities fraud is a mid-twentieth-century construct that fails to accommodate certain twenty-first century realities. This Article argues that its reach should be restricted to preserve it for the many circumstances in which it continues to function well.

The current standard measures materiality from the standpoint of "the reasonable investor," a savvy person who grasps market fundamentals. This standard has a fatal flaw: its inability to protect unsophisticated investors who are duped by implausible falsehoods in inefficient markets. This flaw can no longer be ignored given Internet and telemarketing securities fraud and its many unsophisticated, …

After The Catastrophe: Disaster Relief For Hospitals, Elizabeth Weeks Leonard

Scholarly Works

Disaster planning for health care providers following the September 11, 2001, terrorist attacks and, more recently, Hurricane Katrina, focuses on preparing hospitals and other emergency services to respond to victims' medical needs. But little attention has been paid to the challenges that providers would face resuming normal operations after responding to the catastrophe. A large-scale catastrophe could create unprecedented demand for health care and emergency services. Hospitals already struggle to fulfill the high demand for and high costs of emergency care. Following a major disaster, hospitals would face additional financial challenges. Strained capacity and financial reserves, may force hospitals to …

Jfk Blown Away -- Hooray! Kennedy's Dallas Visit Roiled Hate Groups, Donald E. Wilkes Jr.

Popular Media

Exactly 43 years ago, on Nov. 22, 1963, 46-year old President John F. Kennedy was assassinated at 12:30 p.m. in Dealey Plaza in downtown Dallas, TX.

Dallas was then, as Matthew Smith notes in JFK: THE SECOND PLOT (1992), "the southwest hate capital of Dixie... In its politics and in its people, Dalls represented the right wing as far as it could go." Before and during his Dallas visit, local right-wingers busied themselves to make JFK unwelcome. They were angry and indignant that JFK was coming to their city. In fact, at the very time shots were being fired at …

Habeas Corpse: The Great Writ Hit, Donald E. Wilkes Jr.

Popular Media

Twice within the last year the current, 109th Congress has enacted anti-habeas corpus statutes–statutes that curtail the efficacy of the writ of habeas corpus. These dreadful statutes are Orwellian nightmares. They are, in the words of Sen. Patrick Leahy, “un-American” and “undercut everything this nation stands for.” They are practically unparalleled in our history in opening the door to legalized oppression. They are colossal mistakes which future generations will deride in the same way our generation scorns the Alien and Sedition Acts of 1798 or the congressional legislation that authorized the internment of the Japanese-Americans during WW2.

Newsletter, Spring 2006, Vol. 1, Issue 1, The Dean Rusk International Law Center

Newsletters

Inaugural issue. Articles include: Director's Note; ABA Approval of Summer Program in China; New Funding for International Externships and Brussels Seminar; Profile of Dean Rusk; New Appointments; Rusk Center Conferences; Profiles of Visiting Scholars

2006 Talmadge Moot Court Competition Winning Brief, Tully Blalock, Emily Shingler

Competition Materials

No abstract provided.

The Rhetoric For Ratification: The Argument Of "The Federalist" And Its Impact On Constitutional Interpretation, Dan T. Coenen

Scholarly Works

Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important information for use in constitutional argument and interpretation. In recent years, commentators have questioned this view. Their skepticism grows out of two major concerns. First, Justice Scalia's challenge to the use of legislative history in the statutory context casts a cloud over judicial use of background texts such as The Federalist in seeking the meaning of the Constitution. Second, even if courts may rely on some background materials in interpreting the Constitution, there is reason to conclude that The Federalist does not qualify as the sort of …

The Problem Of Social Cost In A Genetically Modified Age, Paul J. Heald, James C. Smith

Scholarly Works

In Part I of this Article, we apply the Coase Theorem and its most useful corollary to the problem of pollen drift. We conclude that the liability of pollen polluters should be governed by balancing rules against nuisance law, to be applied on a case-by-case basis, rather than by a blanket liability or immunity rule. We also conclude that truly bystanding non-GMO farmers should have a viable defense to patent infringement because liability would result in the application of a reverse Pigovian tax that cannot be justified under accepted economic theory. Only a contextual approach can account for the wide …

Harold G. Maier: A World Class Fellow Indeed, Kurtz

Scholarly Works

Hal Maier has played many roles in my life: he has been my teacher, my boss, my advisor, my colleague, and most and best of all, my friend. In all those roles, he has exhibited enthusiasm, patience, tact, and brilliance. Not at all a bad combination, I would say. This is an article in tribute to Harold G. Maier.

A Teacher's Teacher, Lonnie T. Brown

Scholarly Works

This article is a tribute to Harold G. Maier which focuses on his career and his influence on Professor Brown.

I Accuse...! A Letter To The Honorable Clarence Thomas, Donald E. Wilkes Jr.

Popular Media

My dear Mr. Justice Thomas,

With all respect, will you permit me to express candidly my concerns about your proclivity for demeaning human rights? Will you allow me to tell you frankly, sir, that because of your relentless hostility to human rights claims you are a painful embarrassment to the Court you sit on, to America's heritage of liberty, and to the rule of law?

2006-07 Faculty Appointments & Honors, Office Of Communications And Public Relations

Other Law School Publications

Georgia Law’s commitment to a strong scholarship agenda is demonstrated by the listing of recently published work found in this brochure. Notable publishers of these completed or forthcoming pieces include: the Oxford University Press, the Harvard University Press, Random House, Aspen Publishers, LexisNexis, Thomson/West and the Foundation Press, among others. Some of the journals carrying recent work of the Georgia Law faculty are affiliated with the law schools at these leading universities and colleges – California at Los Angeles, Duke, Georgetown, Illinois, Michigan, North Carolina at Chapel Hill, Northwestern, Notre Dame, Ohio State, Stanford, Washington, Washington and Lee, William & …

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2006-2007, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

Student Organization Officers 2006-2007, Office Of Registrar

Materials from All Student Organizations

No abstract provided.

Grade Distribution - Fall Semester 2006, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Point Allocation History For Fall Semester 2006, Office Of Registrar

Semester Schedules and Information

No abstract provided.

U.S. Supreme Court Justice Thomas Makes Third Visit To Georgia Law Since 2003, Office Of Communications And Public Relations

Other Lectures and Presentations

In October 2006, U.S. Supreme Court Justice Clarence Thomas spent three days at Georgia Law, where he lectured in constitutional law and education law classes, met with various student groups, held a question and answer session with the student body and mingled with alumni at a tailgate prior to the Mississippi State football game, which he attended as a guest of UGA President Michael F. Adams. Justice Clarence Thomas spoke at a lunch with members of the Davenport-Benham Black Law Students Association.

Protecting The Future Forever: Why Perpetual Conservation Easements Outperform Term Easements, Paul Mitchell

Land Use Clinic

Conservation easements are amassing increasing popularity as a private means for accomplishing a public good. In 1980, conservation easements protected 128,001 acres. By 2003, that number had jumped to over 5 million acres. In Georgia, over 131,000 acres had been protected by conservation easements by the end of 2005, more than double the acreage of just a few years before.

A conservation easement is a legal arrangement whereby a landowner chooses to transfer certain development rights to an eligible easement holder, usually a non-profit or government agency, in order to achieve a qualified purpose. The landowner can sell or donate …

Venture Capital, Agency Costs, And The False Dichotomy Of The Corporation, Robert P. Bartlett

Scholarly Works

An implicit dichotomy of the corporation exists in legal scholarship. On one side of the dichotomy rests the publicly held corporation suffering from a significant conflict of interest between its managers and dispersed shareholders; on the other side, the closely held corporation plagued by intershareholder conflict. This Article argues that understanding the agency problems that can exist within a firm demands a rejection of this traditional dichotomy and the theories of the firm built upon it. Using venture capital (VC) finance, this Article demonstrates how this dichotomy obscures how all firms -- public and private -- often face the same …

The Story Of Me: The Underprotection Of Autobiographical Speech, Sonja R. West

Scholarly Works

This Article begins the debate over the constitutional underprotection of autobiographical speech. While receiving significant historical, scientific, religious, and philosophical respect for centuries, the timehonored practice of talking about yourself has been ignored by legal scholars. A consequence of this oversight is that current free speech principles protect the autobiographies of the powerful but leave the stories of “ordinary” people vulnerable to challenge. Shifting attitudes about privacy combined with advanced technologies, meanwhile, have led to more people than ever before having both the desire and the means to tell their stories to a widespread audience. This Article argues that truthful …

The City Of God And The Cities Of Men: A Response To Jason Carter, Randy Beck

Scholarly Works

Law school seminars sometimes educate the professor as much as the students. That proved true for me in the spring of 2004, when seventeen law students and two colleagues from other departments joined me for a seminar focused on ancient and contemporary perspectives on law found within various Christian theological traditions. One seminar student who repeatedly spurred my own thinking was Jason Carter. Particularly thought provoking was the paper Jason presented in the final weeks of the seminar.

The returns from the 2004 election suggested that Jason had been unusually prescient in his analysis of U.S. religious and political trends. …

Class Schedule - Fall 2006, Office Of Registrar

Semester Schedules and Information

No abstract provided.

A Diversity Theory Of Charitable Tax Exemption -- Beyond Efficiency, Through Critical Race Theory, Toward Diversity, David A. Brennen

Scholarly Works

Part I of the article presents Robin Paul Malloy's Law and Market Economy Theory (“LMT”) as an example of the basis for a normative explanation of the charitable tax exemption. LMT addresses the relationship among law, markets, and culture. Thus, using LMT, this part demonstrates how traditional law and economic analysis, premised on self-interest and wealth maximization, simply does not capture the essence of the many values that impact the marketplace and the market exchange process. Instead, LMT approaches legal analysis in a broader market context and is premised on the need to promote a process of sustainable wealth formation …

Swatstika Policing, Donald E. Wilkes Jr.

Popular Media

At 9:35 p.m. on Tuesday, Jan. 24, 2006, in Fairfax county, Virginia, a police SWAT team, armed to the teeth, decked out in battle fatigues, helmets, flak vests, and other military accouterments, arrived at the townhouse of Dr. Salvatore J. Culosi, Jr., a 37-year old optometrist. Culosi was a suspected bookie who had been making illegal sports bets from his home, and Fairfax police had obtained a warrant for his arrest and a search warrant to search his residence for gambling paraphernalia. Culosi had no history of violent behavior and his alleged crimes were nondangerous, but the practice in Fairfax …

Executive Moot Court And Mock Trial Boards 2006-2007, Kellie R. Monk

Materials from All Student Organizations

No abstract provided.

The Seductive Comparison Of Shareholder And Civic Democracy, Usha Rodrigues

Scholarly Works

This Comment takes the common comparison of shareholder democracy and political democracy in a new direction by exploring the parallels between the board of directors and the Electoral College, examining both institutions in light of the differences between nation and corporation and their contrasting histories. Both are "once removed" representative democracies, because both systems only give the voters the right to vote for representatives who then select those who actually govern. The Comment next considers, with a critical eye, the underlying premise that shareholder and civic democracies can be compared at all, given the radically different nature of the corporate …