Law Commons^™

Volume 42, Issue 2 (Spring/Summer 2008), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• Words of advice for the next president
• Remembrance of Lives Past: The challenge of addressing epigenetic risk in society
• Current awareness alerts make the Internet revolve around you
• Headlines
• Hirsch Hall Highlights
• Former U.S. Secretary of Education questions use of Guantanamo Bay
• Symposium explores the complexities of the U.S. patent system
• Faculty Accomplishments
• Students recognize top professors
• Student Briefs
• Advocacy program continues winning legacy
• Class of 2008 Commencement
• Alumni Activities
• Class Notes
• The Law School Fund

Whither Arbitration?, Peter B. Rutledge

Scholarly Works

Over the past several decades, scholars and policymakers have debated the future of arbitration in the United States. Those debates have taken on new significance in the present Congress, which is considering a variety of reform proposals. Among the most widely watched are ones that would prohibit the enforcement of predispute arbitration clauses in employment, consumer, and franchise contracts. Reviewing the available empirical literature, the paper explains how many of the assumptions driving the arbitration reform debate are unproven at best and flatly wrong at worst. It then tries to sketch out the economic impact of any move by Congress …

Drawing The Ethical Line: Controversial Cases, Zealous Advocacy, And The Public Good: Foreword, Lonnie T. Brown

Scholarly Works

Are lawyers handling controversial matters justified in being myopically fixated upon achieving their client's or the state's objectives, whatever the costs? Or is there a point at which the interests of the system or perhaps even the public must take precedence, requiring that unbridled zeal and loyalty take a backseat? Such fascinating questions were skillfully examined during the 10th Annual Legal Ethics and Professionalism Symposium, "Drawing the Ethical Line: Controversial Cases, Zealous Advocacy, and the Public Good." The published remarks and the articles that follow provide a glimpse into the difficult ethical line-drawing that was engaged in by a distinguished …

A Rodent In Robes, Donald E. Wilkes Jr.

Popular Media

Because of the credible (but ultimately unresolved) sexual harassment charges leveled against him by Anita Hill and others at his confirmation hearings, as well as his creepy-crawly anti-individual rights voting record on the Supreme Court, nearly every time U.S. Supreme Court Justice Clarence Thomas visits a university campus there are protests by faculty and students, and now Michael Adams' decision to invite Thomas to be the commencement speaker at the upcoming UGA graduation ceremony has created a furor. For years, UGA administrators appear to have tolerated sexual harassment on campus, and in recent months there have been startling revelations of …

Cafa's Impact On Litigation As A Public Good, Elizabeth Chamblee Burch

Scholarly Works

Class actions regulate when government fails. Perhaps this use as an ex post remedy when ex ante regulation founders explains the fervor and rhetoric surrounding Rule 23's political life. In truth, the class action does more than aggregate; it augments government policing and generates external societal benefits. These societal benefits - externalities - are the spillover effects from facilitating small claims litigation. In federalizing class actions through the Class Action Fairness Act (CAFA), Congress, in some ways, impeded class action practice, thereby negating its positive externalities and inhibiting backdoor regulation. This Article critically considers those effects on the common good. …

Arbitration And Article Iii, Peter B. Rutledge

Scholarly Works

Does arbitration violate Article III? Despite the critical need for a coherent theory to answer this question, few commentators or courts have made serious attempts to provide one. For much of the country's history, federal courts conveniently could avoid this nettlesome question. Prior to the twentieth century, courts simply declined to enforce pre-dispute arbitration agreements as unenforceable attempts to appropriate their jurisdiction. From the early decades of the twentieth century (with the enactment of the Federal Arbitration Act (“FAA”) in 1925) through the 1960s, the non-arbitrability doctrine prevented arbitrators from resolving issues of federal statutory law. Notably, while both of …

Can Red Clay Go Green? Adapting Law And Policy In The Face Of Climate Change, 20th Annual Red Clay Conference, Daniel M. Bodansky, David D. Caron, Mary Carr, Heidi Davison, David Hunter, Josh Love, James Marlow

Conferences and Symposia to 2010

Program for the 20th Annual Red Clay Conference held Friday, April 4, 2008 at the University of Georgia School of Law's Dean Rusk Hall.

Lighting And Dark Sky Regulation, Marjorie Palmer

Land Use Clinic

Thousands of lighting ordinances are currently in force in the United States. This memo: (1) explains and summarizes several examples of approaches to lighting control, including the International Dark-Sky Association’s (IDA) guidelines, a model lighting ordinance by another organization, and two lighting ordinances from counties in the United States; and (2) assesses and evaluates the IDA guidelines and other approaches.

News @ Georgia Law, April 2008, Office Of Communications And Public Relations

News @ UGA School of Law

The Report of the Secretaries of State: Bipartisan Advice to the Next Administration; School of Law advocacy program wins three national championships; U.S. Rep. John Barrow to speak at graduation; Three new professors will bolster offerings in international law, constitutional law, election law and civil procedure; Faculty on the Record: Professors Walter Hellerstein, Erica J. Hashimoto, Peter Bowman "Bo" Rutledge and Lonnie T. Brown; Yale law grad to lead Admissions Office; Roseboro tapped for diversity post; Congratulations to all Awards Day recipients.

Level Of Skill And Long-Felt Need: Notes On A Forgotten Future, Joe Miller

Scholarly Works

The Supreme Court's KSR decision transforms the way we think about patent law's ordinary artisan. The ordinary artisan, the Supreme Court states, is also a person of ordinary creativity, not an automaton. This transformation, which sweeps aside a contrary precept that had informed the Federal Circuit's nonobviousness jurisprudence for a generation, raises a key question: How do we fill out the rest of our conception, in a given case, of the ordinary artisan's level of skill at the time the invention was made? Reaching back to a large vein of case law typified by Judge Learned Hand's decisions about nonobviousness, …

Who Can Be Against Fairness? The Case Against The Arbitration Fairness Act, Peter B. Rutledge

Scholarly Works

In this brief essay, I hope to lay out the case against the Arbitration Fairness Act.3 Part I of this Article addresses the “findings” on which the act is premised. It explains how in several respects the current research on arbitration flatly contradicts the premises animating those findings (in other respects, the data is incomplete, so the “findings” at best are better described as “untested hypotheses” or “assumptions”). Part II of this Article explains why postdispute arbitration is not a viable alternative to our present system of enforceable predispute arbitration clauses.

Awards Day 2008, Office Of Registrar

Other Law School Publications

No abstract provided.

Grade Distribution - 2007- 2008 Academic Year, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Class Schedule - Spring 2008, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Point Allocation History For Spring Semester 2008, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Sanctionable Conduct: How The Supreme Court Stealthily Opened The Schoolhouse Gate, Sonja R. West

Scholarly Works

The Supreme Court's decision in Morse v. Frederick signaled that public school authority over student expression extends beyond the schoolhouse gate. This authority may extend to any activity in which a student participates that the school has officially sanctioned. The author argues that this decision is unsupported by precedent, and could encourage schools to sanction more events in the future. Because the Court failed to limit or define the power of a school to sanction an activity, the decision could have a chilling effect on even protected student expression. The author commends the Court for taking up this issue after …

Law And Governance In The 21st Century Regulatory State, Jason M. Solomon

Scholarly Works

Legal scholarship and pedagogy on the regulatory state are at parallel, important junctures, and two new books stand at the cutting edge. The first, Law and New Governance in the EU and the US, edited by Gráinne de Búrca and Joanne Scott, is a collection of works by some of the leading scholars in the "new governance" field. New governance scholars have both described and laid the theoretical foundation for what they see as promising and innovative efforts to address public problems. These efforts attempt to be less hierarchical, more transparent, and more democratic than traditional top-down forms of …

Drafting Local Ordinances For Natural Resource Protection, Jamie Baker Roskie, James W. Hawhee, Jeremy Cole

Land Use Clinic

Drafting, passing, and enforcing a successful ordinance can be a very difficult and complicated task.The purpose of this manual is to familiarize lay people interested in environmental protection with the tools necessary to draft and pass local ordinances that address their particular needs. A well-crafted ordinance can be a key tool in protecting the environment at the local level, and organizations and citizens can play a crucial role in drafting such laws.

Discovery, Judicial Assistance And Arbitration: A New Tool For Cases Involving U.S. Entities?, Peter B. Rutledge

Scholarly Works

Limited discovery is one of the regularly cited advantages of international arbitration, as opposed to international litigation, particularly in contrast to litigation in the US. courts. Recent decisions by US. courts, however, have threatened to upend this comparative advantage. Invoking a little known US. law, 28 U.S.C. section 1782, these courts have permitted parties in an arbitration to petition for subpoenas issued by US. courts against their adversaries or third parties. Bucking the trend in the academic literature, which largely supports this development, this article opposes reading section 1782 to authorize subpoenas in support of an arbitration. Not only does …

Promoting Ethical Standards In Globalized Drug Trials Through Market Exclusion, Fazal Khan

Popular Media

With the increasing accessibility of cheap internet communication, human research subjects and concerned citizens in developing nations can be empowered to effectuate much of the surveillance and monitoring activities of clinical drug trials. For instance, WHO could maintain a multilingual website for the reporting of alleged ethical violations. A credible report could then prompt WHO officials to obtain a sworn statement from the reporter, which would then trigger an investigation into the alleged ethical abuses. Verified reports of ethical abuses can then be taken into account by drug regulatory agencies when determining whether a drug should obtain market approval.

Mock Trial Executive Board And Teams, 2008-09, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

Newsletter, Winter/Spring 2008, Vol. 3, Issue 1, The Dean Rusk International Law Center

Newsletters

Rusk Center to Host Former Secretaries of State; Co-chair of Iraq Study Group Delivers Foreign Policy Talk; Announcements; International Law Colloquium Series; Director's Note; E.U. and U.S. Experts Tackle International Terrorism; Vice President of the European Parliament Speaks at Rusk; Armenian and Brazilian Judges Take Part in Judicial Training Program; Delegation of Chinese Officials and Academics Visit Rusk Center; West Bank Librarian Trains at UGA Law; 2 Continents, 6 Weeks, 7 Credits...and the Experience of a Lifetime; Gaining a Global Perspective of the Law; Op Ed: Promoting Ethical Standards in Globalized Drug Trials through Market Exclusion;

Moot Court Executive Board, Teams And Coaches, 2008-09, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

Glannon Guide To Property: Learning Property Through Multiple-Choice Questions And Analysis, James C. Smith

Books

Reproduced with the permission of Aspen Publishers from Smith, James Charles. 2008. The Glannon Guide to Property: Learning Property through Multiple-choice Questions and Analysis. Austin: Wolters Kluwer Law & Business/Aspen Publishers.

Universal Human Rights And Threat To International Peace And Security: The United Nations' Obligation To Intervene, Godfrey Mhlanga

LLM Theses and Essays

This thesis seeks to establish the following:

• The nexus between the origins of the state and the universality of Human Rights
• That abuse of Human Rights is a threat to international peace and security, and
• It is an obligation for the international community under the auspices of the United Nations (UN) to intervene in the ‘internal affairs’ of a state which violates Human Rights.

The paper focuses on the paramountcy of Human Rights and argues that the doctrine of state sovereignty and cultural relativism undercut the essence and universality of Human Rights. The paper puts into perspective the interpretation of …

Infrastructure Development In Emerging Economies And The Roles Played By Multilateral Institutions, Amjad Ahasan Basheer

LLM Theses and Essays

This thesis is a study of the development of long-term infrastructure projects in the emerging economies. The essay addresses the emerging economies’ particular attraction to project finance to bring in much needed foreign investment for implementing infrastructure projects instead of obtaining loans, grants, and assistance from international institutions and wealthy donor countries. While the investors have found new opportunities to invest in the emerging economies, it is not without its own set of risks. To assist both the host nations and the investors, bilateral institutions as well as multilateral institutions provide risk insurance for long-term infrastructure projects. These institutions not …

2008-2009 Student Handbook, Office Of The Registrar

Other Law School Publications

No abstract provided.

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2007 the Eleventh Circuit interpreted the United States Supreme Court’s decision in Rapanos v. United States, regarding the federal government’s jurisdiction over waters under the Clean Water Act (“CWA”), and held that in order for federal jurisdiction to exist over a water that is not navigable in fact, the water must have a “significant nexus” with a water that is navigable in fact. Also under the CWA, the court partially reversed a granting of summary judgment to the Florida Department of Environmental Protection, holding that the department had improperly excluded some types of evidence in approving Florida’s 2002 …

"I'M Sorry, I Can't Answer That": Supreme Court Confirmations, Judicial Independence, And Positive Legal Scholarship, Lori A. Ringhand

Scholarly Works

The United States Constitution grants to the Senate the duty to provide its “advice and consent” to the appointment of Supreme Court Justices. Just how senators should exercise that duty, however, is deeply contested. Much of the dispute about the Senate's role involves the appropriate scope of questions the senators should ask, and what nominees should be expected to answer, at the confirmation hearing held by the Senate Judiciary Committee. Opponents of vigorous senatorial questioning argue that such questioning infringes on the independence of the judiciary; proponents argue that the nominees' failure to answer probing questions hinders the Senate's constitutional …

Making The Law: Unpublication In The District Courts, Hillel Y. Levin

Scholarly Works

In recent years, one particular area of focus for legal scholars concerned about the increasing privatization and opacity of courts has been the issue of systematic unpublication of judicial opinions by the appellate courts. Judges have issued dueling opinions on the constitutionality of the practice and traded polemics on its appropriateness. Practitioners – whose voices often seem lost (or at least muted) on issues like this – are in the thick of the debate. No longer merely academic, this debate has even spawned a change in the rules of appellate procedure (one that amusingly pulled off the difficult feat of …