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A Judicial Solution To The Forum-Selection Clause Enforcement Circuit Split: Giving Erie A Second Chanc, Kelly A. Blair

Georgia Law Review

In The Bremen v. Zapata Off-Shore Co., the Supreme
Court established the federal standard of enforcing forum-
selections clauses as presumptively reasonable. The Court,
however, first addressed the enforceability of forum-
selection clauses in a diversity case in Stewart
Organization, Inc. v. Ricoh Corp., in which the Court held
that under Erie, federal law, specifically 28 U.S.C.
§ 1404(a), governs the enforceability of forum-selection
clauses. After Stewart, a split within the United States
Courts of Appeals developed when litigants used Rule 12
motions to dismiss-a procedural vehicle unaddressed by
the Stewart Court-to enforce these clauses. The circuit
split has two …

Human Rights And Counterterrorism: A Contradiction Or Necessary Bedfellows?, Amos N. Guiora

Georgia Law Review

Ten years after the 9/11 terrorist attacks, questions
remain regarding the relationship between human rights
and counterterrorism. The historical track record of the
Executive Branch, Supreme Court, and Congress in this
vein is troubling. While the contradiction suggested in
this Essay's title need not be the case, it is, nevertheless,
the persistent reality in American history.
This Essay assesses the current relationship between
human rights and counterterrorism. In doing so, it
reflects on wartime measures implemented by presidents
throughout U.S. history and recommends a way forward
that facilitates more effective protection of human rights

without impinging on legitimate national security …

State Amici, Collective Action, And The Development Of Federalism Doctrine, Michael E. Solimine

Georgia Law Review

State attorneys general (SAGs) have been individually
and collectively active on many legal and regulatory fronts
in recent years. One of those activities has been the filing
of amicus curiae briefs in the United States Supreme

Court, especially in cases impacting the states and
federalism doctrine. Frequently SAGs will join in one
amicus brief, and briefs signed by forty or more states are
not uncommon. This phenomenon has been the subject of
attention by legal scholars and political scientists, but the
normative jurisprudential significance of such briefs has
not. In their opinions, the Justices vary in how much legal
weight, …

The Gangs Of Asylum, Linda K. Hill

Georgia Law Review

Should immigrants fleeing gang violence be entitled to
refuge in the United States? Today, the response of most
U.S. courts is "no." The principal means by which an
individual fleeing his home country seeks safety in the
United States is by qualifying for asylum or withholding
of removal. Notwithstanding some critical distinctions
between asylum and withholding of removal, each
protection requires a claimant to demonstrate his fear of

persecution is on account of race, religion, nationality,
membership in a particular social group or political
opinion. Yet rather than evaluating gang-based claims
upon existing refugee standards, the courts are
manipulating the …

Runaway Usance: Limiting The Exercise Of The Fugitive Disentitlement Doctrine In The Context Of Wenqin Sun V. Mukasey And Bright V. Holder, Lawrence S. Winsor

Georgia Law Review

The fugitive disentitlement doctrine prevents an evasive
party from obtaining standing in the court whose
authority is evaded. With its 2011 decision in Bright v.
Holder, the Fifth Circuit Court of Appeals created a circuit
split regarding whether the fugitive disentitlement
doctrine applies to an alien appealing an adverse
immigration decision that maintained the same address
throughout removal proceedings, this address was known
to the Department of Homeland Security (DHS), and DHS
made no attempt to locate or arrest the alien for failure to
report for removal. Unlike the Ninth Circuit Court of
Appeals' decision in Wenqin Sun v. Mukasey, …