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Articles 1 - 9 of 9
Full-Text Articles in Law
Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon
Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon
Georgia Journal of International & Comparative Law
No abstract provided.
Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley
Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley
Georgia Journal of International & Comparative Law
No abstract provided.
Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale
Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale
Georgia Journal of International & Comparative Law
No abstract provided.
Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera
Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera
Georgia Journal of International & Comparative Law
No abstract provided.
The Plaintiffs Keep Getting Richer, The Manufacturers Just Stay Poor: Design Defect Litigation In Georgia Post-Banks, Davis S. Popper
The Plaintiffs Keep Getting Richer, The Manufacturers Just Stay Poor: Design Defect Litigation In Georgia Post-Banks, Davis S. Popper
Georgia Law Review
How much proof of a reasonable alternative design is necessary to survive a claim for defective design and when should proof of a reasonable alternative design be denied as irrelevant to claims pertaining to products that exhibit open and obvious dangers? Design defect litigation is particularly important because it involves claims that take entire product lines out of the market and cost manufacturers exorbitant losses and expose them to steep damages. In these cases, plaintiffs often suffer life- changing injuries or death. In this Note, I provide a history of design defect litigation in the United States. In particular,I focus …
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
Georgia Law Review
This Article makes two claims, one descriptive and the other normative. The descriptive claim is that individual rights to education have not been realized under state constitutions because the currently dominant structure of education reform litigation prevents such realization. In state constitutional education clause claims, both pleadings and adjudication generally focus on the equality or adequacy of the system as a whole, rather than on any particular student's educational resources or attainment. The Article traces the roots of the currently dominant systemic approach, and finds these roots in federal institutional reform litigation. This systemic focus leads to a systemic, rather …
Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Georgia Law Review
Car crashes kill more teens each year than any other cause, and of the crashes in which they are involved, teens are overwhelmingly at fault. Teens crash at rates far higher than those of older drivers, and the younger the teen driver, the higher the risk-sixteen-year-old drivers have crash rates 250% higher than those of eighteen-year- olds. Driving experience does not explain the difference; younger beginners crash at rates higher than those of older beginners. Instead, younger teens' increased crash risk results primarily from immature regulatory competence. In other words, the capacities required for driving competence are still immature in …
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine M. Crocker
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine M. Crocker
Georgia Law Review
In the much-maligned 1985 case Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, the Supreme Court articulated a rule of "ripeness" requiring most Fifth Amendment regulatory- takings claimants to seek 'just compensation" in state court before attempting to litigate in federal court. Williamson County and its progeny have opened a Pandora's box of unforeseen complications, spawning many more questions than they purported to answer. At the forefront is what kind of requirement the rule is anyway. This Article contends that reading Williamson County as grounded in the Constitution (specifically, in Article III or the Fifth Amendment) runs …
Beyond A Reasonable Doubt: The Constitutionality Of Georgia's Burden Of Proof In Executing The Mentally Retarded, Veronica M. O'Grady
Beyond A Reasonable Doubt: The Constitutionality Of Georgia's Burden Of Proof In Executing The Mentally Retarded, Veronica M. O'Grady
Georgia Law Review
In 2002, the Supreme Court in Atkins v. Virginia announced that executing mentally retarded defendants violates the Constitution. Georgia's standard for determining whether a criminal defendant is mentally retarded-and therefore ineligible for the death penalty- is the highest in the nation, requiring defendants to prove mental retardation to a jury, during the guilt and innocence phase, beyond a reasonable doubt. As in the case of Warren Lee Hill, Jr., this high burden necessarily results in Georgia executing defendants who are almost certainly mentally retarded,arguably violating the Atkins directive. Though once the first state to create a ban on executing the …