Law Commons^™

Schools Fail To Get It Right On Rap Music, Andrea L. Dennis

Popular Media

School officials treat rap music as a serious threat to the school environment. Fear and misunderstanding of, as well as bias against, this highly popular and lucrative musical art form negatively shape their perspectives on this vital aspect of youth culture.

As a result, students who express themselves through rap music in a way that challenges the schoolhouse setting risk the possibility of suspension, permanent exclusion and referral to the criminal justice system.

The ongoing case of Taylor Bell is the latest and most complex battleground on which this issue is playing out.

The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer

Georgia Journal of International & Comparative Law

No abstract provided.

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Application Of The Mail And Wire Fraud Statutes To International Bribery: Questionable Prosecutions Of Questionable Payments, Richard A. Hibey

Georgia Journal of International & Comparative Law

No abstract provided.

For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.

Electroshock Injustice In Athens-Clarke County, Part 4, Donald E. Wilkes Jr.

Popular Media

This article, part 4 in a series, reviews the Athens Clarke County Police Department's (ACCPD) decision to purchase tasers and looks at comments from ACCPD's new police chief.

The Sentencing Legacy Of The Special Court For Sierra Leone, Shahram Dana

Georgia Journal of International & Comparative Law

No abstract provided.

Police Fatally Tase Another Georgian, Donald E. Wilkes Jr.

Popular Media

This article looks at the most recent taser fatality in Georgia.

Guerrilla Warfare And The Constitution, Sonja R. West

Popular Media

Earlier this week, the United States Supreme Court upheld, by a 5-4 vote, the states’ ability to execute death row inmates with a three-drug lethal injection cocktail that critics argue causes excruciating pain. The Court reasoned that states should be allowed to use the drug in question, despite its involvement in several botched executions, in part because states can no longer attain more effective alternatives. In the majority opinion, the justices spin an erroneous tale about “anti-death-penalty advocates” pressuring pharmaceutical companies into refusing to supply other, more humane drugs to the states for use in capital punishment. This alleged radical …

Tasers Kill: Electroshock Injustice In Athens-Clarke County, Part 3, Donald E. Wilkes Jr.

Popular Media

The Athens-Clarke County Police Department’s campaign to popularize its decision to begin using taser electroshock weapons on the local citizenry must be recognized for what it is—a public-relations crusade based on clever misrepresentations and shifty evasions, as well as outright denials of fact. This articles reviews the the concerns about implementing tasers in Athens.

Electroshock Injustice Coming To Athens-Clarke County Part 2: More On The "Benefits" Of Police Tasering, Donald E. Wilkes Jr.

Popular Media

This article reviews the Athens-Clarke County police department's arguments in implementing tasers and argues against using them in police enforcement.

Protecting The Constitutional Right To Counsel For Indigents Charged With Misdemeanors - Testimony Of Erica J. Hashimoto Before The U.S. Senate, Erica J. Hashimoto

Presentations and Speeches

Testimony of Professor Erica J. Hashimoto before the United States Senate Committee on the Judiciary on May 13, 2015 about the denial of the right to counsel in criminal misdemeanor cases. Professor Hashimoto's testimony begins at the 56:10 mark.

Taser Time: Electroshock Injustice Coming Soon To Athens-Clarke County, Donald E. Wilkes Jr.

Popular Media

On Sunday, Apr. 19, 2015, an article in the daily newspaper in Athens announced that Athens-Clarke County Police have already received a shipment of 145 tasers and will soon begin using them on the citizenry of this county.

Although taser electroshock devices are technically classified as nonlethal weapons, this means only that their purpose is to avoid fatalities, not that they are incapable of resulting in fatalities. Use of a nonlethal weapon may and sometimes does result in death or serious injury. In recent years, at least 600 Americans, perhaps as many as 1,000, have died suddenly, unexpectedly, or shortly …

Extraterritorial Jurisdiction Under The Proposed Federal Criminal Codes: Senate Bill 1630 And House Bill 1647, William A. Gillon

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review: Political Crime In Europe: A Comparative Study Of France, Germany And England. Barton L. Ingraham. University Of California-Berkeley Press, 1979., Albert M. Pearson Iii

Georgia Journal of International & Comparative Law

No abstract provided.

Income Tax - Deductions For Facilitating Payments To Foreign Government Officials, Birney Bull

Georgia Journal of International & Comparative Law

No abstract provided.

United States - Mexican Relations - 1981 Convention For Recovery And Return Of Stolen Vehicles And Aircraft - Agreement Replaces 1936 Convention And Clarifies Process For Recovery Of Stolen Vehicles, J. Kennard Neal

Georgia Journal of International & Comparative Law

No abstract provided.

The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser

Georgia Journal of International & Comparative Law

No abstract provided.

Suffocated Habeas Corpus And Merciless Clemency In The Execution Of Warren Hill, Donald E. Wilkes Jr.

Popular Media

On Tuesday, Jan. 27, 2015, the state of Georgia executed Warren Lee Hill, Jr. by lethal injection at the state prison in Jackson. This state unconstitutionally wielded its most dangerous and irreversible power, the power to kill. A prisoner with significantly sub-average intellectual functioning, a 54-year old man with the mind of a boy, was strapped down and killed in flagrant violation of a provision of the Bill of Rights intended to maintain human dignity.

This article discusses capital punishment against intellectually disabled individuals and how the erosion of habeas corpus at the Federal and state level and the abandonment …

Extradition Treaty Improvements To Combat Drug Trafficking, J. Richard Barnett

Georgia Journal of International & Comparative Law

No abstract provided.

Combatting International Terrorism: The Role Of Congress, Dante B. Fascell

Georgia Journal of International & Comparative Law

No abstract provided.

Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. Mccredie

Georgia Journal of International & Comparative Law

No abstract provided.

The Availability Of The "Cultural Defense" As An Excuse For Criminal Behavior, Julia P. Sams

Georgia Journal of International & Comparative Law

No abstract provided.

Modifying Unjust Sentences, E. Lea Johnston

Georgia Law Review

Judicial sentence modification offers a means to address the phenomenon of over-incarcerationas well as the harsh prison conditions that threaten unjust punishment. Indeed, some legislatures have framed states' early release provisions as fulfilling goals of proportionality and just punishment. This Article explores whether the tools available to judges at sentence modification hearings are adequate to respond to the unjust punishment experienced by prisoners. In examining this question, the Article focuses on one population particularly likely to experience disproportionate or inhumane punishment: inmates with serious mental disorders. A deep literature suggests that individuals with serious mental illnesses are especially likely to …

Collateral Consequences And The Preventive State, Sandra G. Mayson

Scholarly Works

Approximately eight percent of adults in the United States have a felony conviction. The “collateral consequences” of criminal conviction (CCs) — legal disabilities imposed by legislatures on the basis of conviction, but not as part of the sentence — have relegated that group to permanent second class legal status. Despite the breadth and significance of this demotion, the Constitution has provided no check; courts have almost uniformly rejected constitutional challenges to CCs. Among scholars, practitioners and mainstream media, a consensus has emerged that the courts have erred by failing to recognize CCs as a form of additional punishment. Courts should …

Applications Of Neuroscience In Criminal Law: Legal And Methodological Issues, John B. Meixner Jr.

Scholarly Works

The use of neuroscience in criminal law applications is an increasingly discussed topic among legal and psychological scholars. Over the past 5 years, several prominent federal criminal cases have referenced neuroscience studies and made admissibility determinations regarding neuroscience evidence. Despite this growth, the field is exceptionally young, and no one knows for sure how significant of a contribution neuroscience will make to criminal law. This article focuses on three major subfields: (1) neuroscience-based credibility assessment, which seeks to detect lies or knowledge associated with a crime; (2) application of neuroscience to aid in assessments of brain capacity for culpability, especially …