Law Commons^™

Bennett L. Kight Et Al., Order, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Viken Securities Limited, Order Granting Plaintiffs' Motion For Summary Judgment On All Defendants' Counterclaims, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Viken Securities Limited, Order Granting Defendants' Motion For Summary Judgment And Denying Plaintiffs' Motion For Partial Summary Judgement As To Counts I & Ii, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Jeanne Viator, Order On Defendant Tom Woodward’S Renewed Partial Motion To Dismiss, Or Alternatively, Motion For A More Definite Statement, And Motion To Strike, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Bernard H. Bronner, Order On Plaintiff's Motion To Dismiss, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Global Aerospace, Inc., Corrected Order On Choice Of Law, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

John Souza, Order On Plaintiff’S Motion For Temporary Restraining Order, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Financiación Por Promotores De Vivendas Asequibles Para La Clase Trabajadora Mediante Impuestos Y Recuperación De Plusvalías: Una Comparación De Los Enfoques Estadounidense Y Español, Julian Conrad Juergensmeyer

Faculty Publications By Year

Este artículo explora las diferencias, similitudes, ventajas y desventajas comparativas entre los deberes de financiación de los promotores urbanos de viviendas asequibles y para la clase trabajadora en los Estados Unidos y España. Se hace hincapié en las impact fees como fuente de ingresos en los Estados Unidos y los requisitos de recuperación de plusvalías en España y en Cataluña en particular. El autor concluye que las impact fees norteamericanas proporcionan una base más amplia para los deberes de los promotores de financiación, pero que los programas españoles de recuperación de plusvalías ofrecen una mayor flexibilidad a las autoridades encargadas …

The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel

Faculty Publications By Year

The U.S. Department of Justice is currently investigating the state of Wisconsin with respect to its administration of the Milwaukee Parental Choice Program (MPCP), which provides low-income students with public money to attend private schools. Faced with complaints of disability discrimination by private schools accepting voucher students, DOJ has ordered Wisconsin to oversee and police these schools to ensure compliance with Title II of the Americans with Disabilities Act, which applies to states and their agencies, and § 504 of the Rehabilitation Act, which applies to recipients of federal funding. Although conditioning its directive on the state's coverage under these …

Affordable Housing For Sustainable Cities: A North American Perspective, Detroit Metropolitan Area And Montreal (Quebec), Courtney Lauren Anderson, Maryse Grandbois

Faculty Publications By Year

Housing is an integral part to elevating and maintaining a quality of life to ensure a healthy and productive citizenship. The overwhelming number of citizens in Montreal and the United States who are unable to find housing that is less than 33% of their income stifles that economic progression of individuals and the society in which these individuals live. The ability for cities to dictate their own plans for creating and maintaining affordable housing without mandates from the federal vacillates among the various levels of government with each level having certain positive and negative elements. Although city autonomy can provide …

The Smart Cities Movement And Advancing The International Battle To Eliminate Homelessness - Barcelona As Test Case, John Travis Marshall, Jessica Venegas

Faculty Publications By Year

Barcelona is a leader in the smart cities movement, a movement that aims to help cities deliver services to citizens more efficiently and economically as a way of making the city a more inviting and inclusive place to live and work. As with any city committed to forward-looking economic, social, and urban development initiatives, it is important to consider whether ambitious goals to reinvent the city include an agenda to solve the persistent problems that have faced major cities for decades, including affordable housing and caring for roofless or homeless men and women. This article ties together the challenges Barcelona …

Developer Funding Of Affordable And Work Force Housing Through Impact Fees And Land Value Recapture: A Comparison Of American And Spanish Approaches, Julian C. Juergensmeyer

Faculty Publications By Year

This article explores the differences, similarities, comparative advantages and disadvantages between developer funding requirements for Affordable and Work Force Housing in the United States and Spain. Emphasis is placed on impact fees as a revenue source in the United States and value recapture requirements in Spain and in Catalonia in particular. The author concludes that American impact fees provide a broader base for developer funding requirement but that Spanish land value recapture programs offer greater flexibility to planning officials when they are applicable.

Alleviating Barcelona's Public Housing Shortages Through Historic Properties, Ryan Rowberry

Faculty Publications By Year

Creating public housing space in Barcelona requires rethinking how its historic properties might maintain their cultural and structural vitality while serving critical social and economic needs. Drawing on programs from the United States, Europe, and China, I suggest two strategies that Catalan officials might use to effectively leverage Barcelona's historic properties to reduce its public housing deficit. The first strategy considers successful financial incentives promoting public housing in historic properties within the United States - the Low Income Housing Tax Credit and the Historic Rehabilitation Tax Credit - and proposes how the Catalan government might find seed money to fund …

Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas

Faculty Publications By Year

In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment.

This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …

Rudy Blake Frazier Et Al., Order On Defendant's Emergency Motion For Sanctions, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

La Famiglia Trust, Final Order And Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Michael D. Sullivan, Order On Directed Verdict In Favor Of Defendant Marc Cello And The Cello Law Group And Order Transferring Case To The Superior Court Of Cherokee County, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Amicus Brief In "Obergefell V. Hodges", Tanya M. Washington, Catherine Smith, Lauren Fontana, Susannah Pollvogt

Faculty Publications By Year

Supreme Court precedent establishes that the government may not punish children for matters beyond their control. Same-sex marriage bans and non-recognition laws (“marriage bans”) do precisely this. The states argue that marriage is good for children, yet marriage bans categorically exclude an entire class of children – children of same-sex couples – from the legal, economic and social benefits of marriage.

This amicus brief recounts a powerful body of equal protection jurisprudence that prohibits punishing children to reflect moral disapproval of parental conduct or to incentivize adult behavior. We then explain that marriage bans punish children of same-sex couples because …

Avoiding Ethical Problems In Social Media, Nicole G. Iannarone

Faculty Publications By Year

No abstract provided.

Drummond Financial Services Llc, Order On Motion To Strike Affidavit And To Disqualify Counsel, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Global Aerospace Inc., Omnibus Order On Discovery Motions, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Global Aerospace Inc., Order On Motions For Sanctions, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Glen W. Rollings Et Al., Order On Defendants' Motion To Dismiss And For Judgment On The Pleadings, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Georgia Interlocal Risk Management Agency, Order On Defendant's Motion To Dismiss, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Jay Ordan, Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

The First Amendment And The Rpas, Caren M. Morrison

Faculty Publications By Year

No abstract provided.

Memorial: Nancy P. Johnson (1949-2014), Kristina L. Niedringhaus

Faculty Publications By Year

No abstract provided.

The Comprehensive Capital Analysis And Review And The New Contingency Of Bank Dividends, Robert F. Weber

Faculty Publications By Year

Historically, bank regulators have restricted bank dividends as part of a larger effort to preserve banks’ capital and make them more able to withstand losses. In today’s dynamic banking markets, the formulaic and rigid ways by which regulators have traditionally policed dividends have become anachronistic. Against this background, the Federal Reserve Board has attempted to update and reinvigorate dividend regulation through two regulatory reforms: (1) the Comprehensive Capital Analysis and Review (CCAR) program and (2) the Dodd-Frank Act stress testing program.

This Article explores the important practical and theoretical implications that result from these regulatory reforms. As a practical matter, …

Are The Courts Singing A Different Tune When It Comes To Music?: What Ever Happened To Fair Use In Music Sampling Cases?, Michael B. Landau

Faculty Publications By Year

As "fair use" has become more common as a defense to copyright infringement, often successfully, it has not gained any ground in cases involving music sampling. In the years since Campbell v. Acuff-Rose Music, Inc.,we have seen the introduction of "transformative use" to fair use analysis. "Transformative use" has led to the holdings that thumbnail reproductions of photographs, parodies of novels, parodies of advertisements, changed artworks, the inclusion of legal briefs in searchable databases, the inclusion of music in film, and the mass digitization of millions of books are all "fair use." Almost every day we read of another …

Jurisprudential Ties That Blind: The Means To Ending Affirmative Action, Tanya M. Washington

Faculty Publications By Year

No abstract provided.