Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (22)
- International Law (14)
- Human Rights Law (12)
- Constitutional Law (8)
- Civil Rights and Discrimination (7)
-
- Comparative and Foreign Law (7)
- Election Law (7)
- Health Law and Policy (7)
- Internet Law (6)
- Criminal Procedure (5)
- Criminology and Criminal Justice (5)
- Legal Studies (5)
- Social and Behavioral Sciences (5)
- Administrative Law (4)
- Law and Society (4)
- Privacy Law (4)
- Property Law and Real Estate (4)
- State and Local Government Law (4)
- International Trade Law (3)
- Labor and Employment Law (3)
- Commercial Law (2)
- Courts (2)
- Criminal Law (2)
- Dispute Resolution and Arbitration (2)
- Estates and Trusts (2)
- European Law (2)
- Immigration Law (2)
- Jurisprudence (2)
- Law and Politics (2)
- Keyword
-
- Copyright (8)
- Georgia (4)
- COVID-19 (3)
- Pandemic (3)
- Covid-19 (2)
-
- DMCA (2)
- ICCPR (2)
- Originalism (2)
- Patent law (2)
- Privacy (2)
- TRIPS (2)
- Table of Contents (2)
- Trade secrets (2)
- Trademark (2)
- "copyright; scope of protection; merger; scenes a faire; fair use; Feist decision; facts and ideas (1)
- Academic Freedom (1)
- Accountability (1)
- Acting Principal Officers (1)
- Administrative State (1)
- Alexander Hamilton (1)
- American Democratic Practice (1)
- Architectural works (1)
- Architectural works copyright protection act (1)
- Article 14 (1)
- Article 7(1) (1)
- BITs (1)
- Bipartisan Consensus (1)
- Blockchain (1)
- Blockchain; voting; election; Postal Service (1)
- Blurred lines (1)
Articles 1 - 30 of 90
Full-Text Articles in Law
The Lost History Of Delegation At The Founding, Christine Chabot
The Lost History Of Delegation At The Founding, Christine Chabot
Georgia Law Review
The new Supreme Court is poised to bring the administrative state to a grinding halt. Five Justices have endorsed Justice Gorsuch’s dissent in Gundy v. United States—an opinion that threatens to invalidate countless regulatory statutes in which Congress has delegated significant policymaking authority to the Executive Branch. Justice Gorsuch claimed that the “text and history” of the Constitution required the Court to replace a longstanding constitutional doctrine that permits broad delegations with a more restrictive one. But the supposedly originalist arguments advanced by Justice Gorsuch and like-minded scholars run counter to the understandings of delegation that prevailed in the Founding …
Agents Of Bioshield: The Fda, Emergency Use Authorizations, And Public Trust, Kirstiana Perryman
Agents Of Bioshield: The Fda, Emergency Use Authorizations, And Public Trust, Kirstiana Perryman
Georgia Law Review
The SARS-CoV-2 pandemic spurred the U.S. Food & Drug Administration (FDA) to utilize the Emergency Use Authorization (EUA) procedure more than ever before. The pandemic pushed the relatively obscure procedure into public consciousness, making it a frequent topic of discussion and debate. The EUA procedure permits the FDA Commissioner to authorize the introduction of drugs, devices, or biological products into interstate commerce for use in an actual or potential emergency. To issue an authorization, the FDA Commissioner must determine that it is “reasonable to believe,” based on the “totality of the evidence,” that the product “may be effective.” This standard …
Criticizing Judges: A Lawyer's Professional Responsibility, Lonnie T. Brown
Criticizing Judges: A Lawyer's Professional Responsibility, Lonnie T. Brown
Georgia Law Review
Lawyers, as officers of the court, are expected to act with deference and respect toward judges. Speaking sharply to or publicly criticizing members of the bench is frowned upon and not infrequently met with punitive responses. The judiciary, however, is not above reproach. Judges are fallible and may possess personal biases, tainting self-interest, or even prejudice. As such, at times, they must disqualify themselves if their ability to dispense justice fairly and impartially can reasonably be questioned. Indeed, the very nature of a judge’s role requires avoidance of even the “appearance of impropriety.” When judges fail to adhere to this …
Deadly 'Toxins': A National Empirical Study Of Racial Bias And Future Dangerousness Determinations, Justin D. Levinson, G. Ben Cohen, Koichi Hioki
Deadly 'Toxins': A National Empirical Study Of Racial Bias And Future Dangerousness Determinations, Justin D. Levinson, G. Ben Cohen, Koichi Hioki
Georgia Law Review
Since the beginning of the modern Death Penalty Era, one of the most important—and fraught—areas of capital punishment has been the so-called “future dangerousness” determination, a threshold inquiry that literally rests the defendant’s life or death on jurors’ predictions of the future. An overwhelming majority of capital executions have occurred in jurisdictions that embrace the perceived legitimacy of the future dangerousness inquiry, despite its obvious flaws and potential connection to the age-old racial disparities that continue to plague capital punishment. This Article presents, and empirically tests, the hypothesis that jurors’ future dangerousness assessments cannot be separated from their racial and …
The Gig Economy’S Short Reach: An Analysis Of The Scope Of The Federal Arbitration Act’S “Transportation Worker” Exemption, Emina Sadic Herzberger
The Gig Economy’S Short Reach: An Analysis Of The Scope Of The Federal Arbitration Act’S “Transportation Worker” Exemption, Emina Sadic Herzberger
Georgia Law Review
The Federal Arbitration Act (FAA) governs arbitration agreements in the United States. Section 1 of the FAA provides an exemption from arbitration for “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” In a 2001 decision, Circuit City Stores, Inc. v. Adams, the U.S. Supreme Court held that the residual phrase “any other class of workers engaged in foreign or interstate commerce” includes transportation workers. But, such language is ambiguous, and the Supreme Court did not expound upon what it means to be a transportation worker or to be engaged …
Going, Going, Gone: Takings Clause Challenges To The Cdc’S Eviction Moratorium, Meredith Bradshaw
Going, Going, Gone: Takings Clause Challenges To The Cdc’S Eviction Moratorium, Meredith Bradshaw
Georgia Law Review
In September 2020, in response to the COVID-19 pandemic, the Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services issued a residential eviction moratorium to prevent the further spread of COVID- 19. One year later, the U.S. Supreme Court terminated the moratorium. During the year that the moratorium was in effect, landlords across the country filed lawsuits against the CDC because they were unable to evict tenants who did not satisfy their rental obligations. Because the moratorium allowed tenants to remain on the property without paying rent, some landlords argued that the regulation effected …
Socially Distant Signing: Why Georgia Should Adopt Remote Will Execution In The Post-Covid World, Jessie Daniel Rankin
Socially Distant Signing: Why Georgia Should Adopt Remote Will Execution In The Post-Covid World, Jessie Daniel Rankin
Georgia Law Review
In the wake of the COVID-19 pandemic, Georgia Governor Brian Kemp and other state governors issued emergency executive orders authorizing the attestation and execution of wills, trusts, and other testamentary documents through the use of audio-video technology. Most states have traditionally required that such testamentary documents be signed in the physical presence of two or more witnesses to be valid. Georgia’s executive order permits these witnesses to instead observe the signing via video-conferencing software, alleviating the requirement that the witnesses be physically present with the testator. This authorization, however, only exists through this executive order and could lapse or be …
Boom Or Bust: Ensuring The Georgia State-Wide Business Court Fulfills Its Constitutional Promise, Roya Naghepour
Boom Or Bust: Ensuring The Georgia State-Wide Business Court Fulfills Its Constitutional Promise, Roya Naghepour
Georgia Law Review
The United States judiciary includes specialized court systems within its baseline civil and criminal justice structure that provide more efficient and expert adjudication in a wide variety of areas. Since the creation of the Delaware Court of Chancery in 1792, many states have established specialized business courts with jurisdiction over commercial and corporate disputes. Today, many states have business court models, all choosing to employ some version of a specialized forum for corporate and commercial issues for the sake of judicial efficiency. The Georgia State-wide Business Court was established in 2019 with limited jurisdiction over narrow categories of commercial disputes. …
A New Way For Voting In American Elections: Addressing The Patentability Of A Blockchain Mail-In Voting System, Brandon D. Waller
A New Way For Voting In American Elections: Addressing The Patentability Of A Blockchain Mail-In Voting System, Brandon D. Waller
Journal of Intellectual Property Law
The novel corona virus turned life upside down throughout the world in 2020. One of its many impacts was the fear it gave people of going out in public as doing such could increase the likelihood of contraction. This disease happened to come about during an election year in the United States and this raised many questions about how voting could be safely conducted. A hot topic debate took over America as to whether or not mail-in voting would suffice. The United States Postal Service sought to find a reliable way to conduct mail-in voting and filed for a patent …
Under The Umbrella: Promoting Public Access To The Law, D.R. Jones
Under The Umbrella: Promoting Public Access To The Law, D.R. Jones
Journal of Intellectual Property Law
People need to know the law and have access to the law. Allowing copyright claims in “the law” can lead to severe restrictions on public knowledge and access. This article reviews court decisions spanning three centuries that have upheld the people’s needs over the proprietary rights of copyright holders. The review includes a discussion and analysis of three recent decisions that are under the umbrella of the principle that members of the public need unfettered access to the law. The Supreme Court in Georgia v. Public.Resource.Org reaffirmed and further refined the government edicts doctrine which holds that government edicts are …
Protecting The Public Domain And The Right To Use Copyrighted Works: Four Decades Of The Eleventh Circuit's Copyright Law Jurisprudence, David E. Shipley
Protecting The Public Domain And The Right To Use Copyrighted Works: Four Decades Of The Eleventh Circuit's Copyright Law Jurisprudence, David E. Shipley
Journal of Intellectual Property Law
This article is about the importance of the copyright law jurisprudence from the U.S. Court of Appeals for the Eleventh Circuit. This appellate court turns 40 in 2021, and it has rendered many influential copyright law decisions in the last four decades. Its body of work is impressive, and this article discusses this court’s important decisions in the following areas: the originality standard; the application of the U.S. Supreme Court’s Feist decision to compilations, directories, computer software, architectural works, and other creative works like movies, photographs, and characters; copyright protection for unfixed works; the scope of the government edicts doctrine; …
Destruction, The Rebirth Of Art: Analyzing The Right Of Integrity’S Role In Modern Art, Connely Doizé
Destruction, The Rebirth Of Art: Analyzing The Right Of Integrity’S Role In Modern Art, Connely Doizé
Journal of Intellectual Property Law
Creative destruction uses destruction to create new meaning in a work. This process is best explained as a Phoenix, rising from the ashes of destruction. The term “Art” encompasses infinite meanings and in this Note, I argue that destruction constitutes one of them. Resulting from this connection, I argue that destruction, specifically Creative Destruction, must not be hampered by law. In 1990, Congress promulgated the Visual Artist Rights Act, 17 U.S.C.A. 106A. This legislation formally introduced the moral rights of attribution and integrity into United States legal doctrine. Specifically, the right of integrity grants an artist the right to prevent …
Oof! Nice Try Congress – The Downfalls Case Act And Why We Should Be Looking To Our Cousins Across The Pond For Guidance In Updating Our New Small Claims Intellectual Property Court, Cori Henris
Journal of Intellectual Property Law
The rise in copyright cases in the United States has led Congress to begin thinking about how to make it more accessible for small creators to fight for their rights in court. The current system for copyrights claims to be brought in the Federal system is too time consuming and costly. Leaving many creators with all the rights to protect their creations but no means to do so when they are infringed upon. The proposed CASE Act was supposed to be the solution. It would create a small claims court in the United States and provide for a location for …
Big Tech In A Small Pond: How The Internet Economy Became So Concentrated And What Sector-Specific Regulation Can Do To Reel It In, Andy Wilson
Journal of Intellectual Property Law
While the early days of the internet were marked by a proliferation of new internet platforms offering different services, over time much of the sector became dominated by the handful of internet giants we know today. Discomfort with the outsized role that these enormous companies play in the daily lives of billions has driven a growing consensus that they need to be reined in, culminating in federal and state agencies launching a slew of antitrust suits against Google and Facebook in late 2020. These renewed antitrust efforts will likely be insufficient to address competitive harms in the internet economy, given …
Contextualizing Michael Jordan V. Qiaodan Sports: I Don’T Believe I Can Fly, Or Do Business, In China, Justin Blair
Contextualizing Michael Jordan V. Qiaodan Sports: I Don’T Believe I Can Fly, Or Do Business, In China, Justin Blair
Journal of Intellectual Property Law
To be a superstar in America means to live with the pressure of maintaining a certain reputation and level of popularity during one’s professional career. Fame in America often translates to fame internationally, and well-known individuals are typically incentivized to use the constantly evolving internet and media at their disposal to increase global exposure with respect to their brands. American celebrities consequently generate social and monetary capital, and while they willingly increase fan access into their personal lives, opportunistic individuals in foreign territories have on occasion successfully invaded the trademarks of these celebrities. This issue traces back to the turn …
Poverty Via Monopolization: The Impact That Intellectual Property Rights And Federal Subsidies Have On Farm Poverty, Elizabeth Slater
Poverty Via Monopolization: The Impact That Intellectual Property Rights And Federal Subsidies Have On Farm Poverty, Elizabeth Slater
Journal of Intellectual Property Law
The poverty rate among farmers and those living in rural America is about four percent higher than those who live in metropolitan areas. The majority of these farmers rely on farm subsidies from the federal government to offset low farm profits. The seed price for these farmers has increased astronomically, with corn seed representing fifteen percent of total corn production expenses. Federal law contributes to the high input prices by allowing developers of new seed varieties to monopolize their research findings under the Plant Variety Protection Act and other intellectual property protection. Because of the complexity and expense of developing …
Are You In Or Out? Hong Kong And The Applicability Of The United Nations Convention On Contracts For The International Sale Of Goods, Cullen Threlkeld
Are You In Or Out? Hong Kong And The Applicability Of The United Nations Convention On Contracts For The International Sale Of Goods, Cullen Threlkeld
Georgia Journal of International & Comparative Law
No abstract provided.
Corporate Violations Of Human Rights: Addressing The Coordinated Surveillance And Persecution Of The Uyghur People By The Chinese State And Chinese Corporations, Ross Smith
Georgia Journal of International & Comparative Law
No abstract provided.
We're Here, We're Queer, And We're Here To Stay: Zhdanov And Others V. Russia And The State Of The European Court Of Human Rights Judgments On Queer Rights Against Russia, Kevin Parker
Georgia Journal of International & Comparative Law
No abstract provided.
Carrots Or Sticks?: Anti-Gentrification Mechanisms In Atlanta, Georgia And Berlin, Germany, Bailey Meyne
Carrots Or Sticks?: Anti-Gentrification Mechanisms In Atlanta, Georgia And Berlin, Germany, Bailey Meyne
Georgia Journal of International & Comparative Law
No abstract provided.
Systems Thinking And Global Health Governance, Elsie Hayford, Marice Ashe
Systems Thinking And Global Health Governance, Elsie Hayford, Marice Ashe
Georgia Journal of International & Comparative Law
No abstract provided.
Immunization Governance Challenges Exposed By Covid-19: Missing Standards In Vacccine Surveillance And Adverse Events Following Immunization (Aefis), Shawn H.E. Harmon, David Faour
Immunization Governance Challenges Exposed By Covid-19: Missing Standards In Vacccine Surveillance And Adverse Events Following Immunization (Aefis), Shawn H.E. Harmon, David Faour
Georgia Journal of International & Comparative Law
No abstract provided.
Excluding Non-Citizens From The Social Safety Net, Wendy E. Parmet
Excluding Non-Citizens From The Social Safety Net, Wendy E. Parmet
Georgia Journal of International & Comparative Law
No abstract provided.
Buffering Against Vicissitudes: The Role Of Social Insurance In The Covid-19 Pandemic And In Maintaining Economic Stability, Renée M. Landers
Buffering Against Vicissitudes: The Role Of Social Insurance In The Covid-19 Pandemic And In Maintaining Economic Stability, Renée M. Landers
Georgia Journal of International & Comparative Law
No abstract provided.
Re-Imagining Possibilities Of Governance For Global Health, Alicia Ely Yamin
Re-Imagining Possibilities Of Governance For Global Health, Alicia Ely Yamin
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction: The Future Of Global Health Governance, Elizabeth Weeks, Anish Patel
Introduction: The Future Of Global Health Governance, Elizabeth Weeks, Anish Patel
Georgia Journal of International & Comparative Law
No abstract provided.
Purges And Closures And Lines, Oh My!--Do Georgia's 2018 Election Procedures Violate International Law?, Holly Katherine Stephens
Purges And Closures And Lines, Oh My!--Do Georgia's 2018 Election Procedures Violate International Law?, Holly Katherine Stephens
Georgia Journal of International & Comparative Law
No abstract provided.
Fashioning Compliance: The Fashion Charter For Climate Action And Strategies For Forming A More Effective Fashion Industry Agreement, Elizabeth Jane Poland
Fashioning Compliance: The Fashion Charter For Climate Action And Strategies For Forming A More Effective Fashion Industry Agreement, Elizabeth Jane Poland
Georgia Journal of International & Comparative Law
No abstract provided.
Exhaustion Requirements And Dispute Resolution Reform In Bilateral Investment Treaties, William Crowder Gaskins Jr.
Exhaustion Requirements And Dispute Resolution Reform In Bilateral Investment Treaties, William Crowder Gaskins Jr.
Georgia Journal of International & Comparative Law
No abstract provided.