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Articles 1 - 4 of 4
Full-Text Articles in Law
The Nature Of Standing, Matthew I. Hall, Christian Turner
The Nature Of Standing, Matthew I. Hall, Christian Turner
Scholarly Works
Standing to raise a claim before a judicial tribunal is notoriously contested. Federal courts during the last century developed an increasingly rule-like and rigid doctrine around the concept of private injury to govern access to the federal forum. Some states followed the federal lead. Others have created important exceptions, and even in federal courts, issues like organizational standing, legislative standing, and standing of qui tam relators have proved controversial. We describe a broader taxonomy of agenda control rules, of which standing rules are a special case, to understand why and how courts and other institutions govern their choices of what …
Puppies, Puppies, Puppies: Why Georgia Should “Adopt” A Progressive Puppy Lemon Law And Engage In Much-Needed Statutory Reform, Jonathan T. Tortorici
Puppies, Puppies, Puppies: Why Georgia Should “Adopt” A Progressive Puppy Lemon Law And Engage In Much-Needed Statutory Reform, Jonathan T. Tortorici
Georgia Law Review
The Georgia Animal Protection Act—a set of animal
protection laws that has remained unchanged for nearly two
decades—was passed to promote animal welfare across the
state. Although the Act was progressive at its inception, its
failure to curb the atrocious conditions created by puppy mills
has become increasingly apparent, resulting in serious
consequences for both consumers and dogs. Georgia must
amend its animal protection laws to shift the costs of puppy
mills to where they belong: on pet sellers. Among other
innovative solutions to this problem, many states have enacted
“puppy lemon laws” that generally provide pet purchasers with
the …
Georgia’S Runoff Election System Has Run Its Course, Graham P. Goldberg
Georgia’S Runoff Election System Has Run Its Course, Graham P. Goldberg
Georgia Law Review
Georgia requires candidates to earn a majority of
votes in their party’s primary to win elected office. The
majority-vote requirement—passed by the General
Assembly in 1964—is stained by racially-fraught
politics of the era, and even its alleged “good
government” goals are now antiquated. This Note
explores the history of Georgia’s majority-vote
requirement, examines two legal challenges to the law,
and analyzes its flaws and virtues. Finally, this Note
demonstrates that more appealing alternatives to the
majority-vote requirement exist and recommends that
Georgia replace its current runoff election system with
either ranked choice voting or a forty-percent
threshold-vote requirement.
The Independent State Legislature Doctrine, Federal Elections, And State Constitutions, Michael T. Morley
The Independent State Legislature Doctrine, Federal Elections, And State Constitutions, Michael T. Morley
Georgia Law Review
The U.S. Constitution does not confer authority to regulate
federal elections on states as entities. Rather, it grants that
authority specifically to the “Legislature” of each state. The
“independent state legislature doctrine” teaches that a state
constitution is legally incapable of imposing substantive
restrictions on the authority over federal elections that the U.S.
Constitution confers directly upon a state’s legislature. Over the
past 130 years, the U.S. Supreme Court has repeatedly adopted
conflicting positions on this doctrine without recognizing its
deep historical roots or normative justifications.
The independent state legislature doctrine reflects the
prevailing understanding of states, Congress, and other …