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Articles 1 - 30 of 34
Full-Text Articles in Law
In Memoriam, Georgia State University Law Review
In Memoriam, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Deficit Frame Dangers, Jonathan P. Feingold
Deficit Frame Dangers, Jonathan P. Feingold
Georgia State University Law Review
Civil rights advocates have long viewed litigation as an essential, if insufficient, catalyst of social change. In part, it is. But in critical respects that remain underexplored in legal scholarship, civil rights litigation can hinder short- and long-term projects of racial justice. Specifically, certain civil rights doctrines reward plaintiffs for emphasizing community deficits—or what I term a “deficit frame.” Legal doctrine, in other words, invites legal narratives that track, activate, and reinforce pernicious racial stereotypes. This dynamic, even in the context of well-intended litigation, risks entrenching conditions that drive racial inequality—including the conditions that litigation is often intended to address. …
The Last Call For Civil Rights: Toward Economic Equality, Steve Lee
The Last Call For Civil Rights: Toward Economic Equality, Steve Lee
Georgia State University Law Review
Over six decades have passed since the civil rights movement began in the mid-1950s, but American society has not yet fully realized the promise of the civil rights movement, which at its core embodies the protection and promotion of equity and dignity of all people. Despite the historic improvements that accord the legal protection of equal rights among different races, genders, and ethnic groups, significant economic disparity among racial and regional lines persists. The Reverend Martin Luther King, Jr. declared, “Now our struggle is for genuine equality, which means economic equality.” However, the pursuit of economic equality has not been …
Member Masthead, Georgia State University Law Review
Member Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Against Discourse: Why Eliminating Racial Disparities Requires Radical Politics, Not More Discussion, Robert Weber
Against Discourse: Why Eliminating Racial Disparities Requires Radical Politics, Not More Discussion, Robert Weber
Georgia State University Law Review
Racial disparity discourse is one of the main modalities through which we discuss and experience race and racism in the United States today—in discussions with colleagues and friends, in scholarly work, on cable news, on social media, and in lecture halls. Despite its ubiquity, racial disparity discourse is under-theorized: what, exactly, is its intended purpose? This Essay argues that most discussion about racial disparities is predicated on the faulty premise—grounded in the Habermasian concepts of discourse and communicative rationality—that antiracists will convince their interlocutors by engaging in a practice of rationalistic discourse among participants who share the objective and expectation …
Faculty Masthead, Georgia State University Law Review
Faculty Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Table Of Contents, Georgia State University Law Review
Table Of Contents, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Introduction: Assuming A Critical Lens In Legal Studies: Reconciling Laws And Reality, Tanya Monique Washington Hicks, Courtney Anderson
Introduction: Assuming A Critical Lens In Legal Studies: Reconciling Laws And Reality, Tanya Monique Washington Hicks, Courtney Anderson
Georgia State University Law Review
No abstract provided.
Immigration And Racial Justice: Enforcing The Borders Of Blackness, Karla Mckanders
Immigration And Racial Justice: Enforcing The Borders Of Blackness, Karla Mckanders
Georgia State University Law Review
Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the intersection of anti-Black racism and interrogates how foundational immigration laws that exist outside constitutional norms have rendered Black immigrants invisible. At this intersection, Black immigrants experience a double bind where enforcement of immigration laws and the criminal legal system have a disparate impact resulting in disproportionate incarceration and deportation.
First, the Article …
Social Distancing As A Privilege: Assessing The Impact Of Structural Disparities On The Covid-19 Crisis In The Black Community, Olympia Duhart
Social Distancing As A Privilege: Assessing The Impact Of Structural Disparities On The Covid-19 Crisis In The Black Community, Olympia Duhart
Georgia State University Law Review
There is a harsh reality for people living with the COVID-19 restrictions in the same city. Though the virus has been called an equal opportunity threat, the truth is that it has had a deadly, disproportionate impact on Black and Brown people. The COVID-19 pandemic has crushed communities of color. Among Black Americans, who make up around 13% of the U.S. population, the COVID-19 infection and death rate are disproportionally high.
To curb the spread of this infectious disease, the CDC has advanced simple advice: apply social distancing guidelines. Social distancing (physical distancing) requires people to keep at least six …
Pandemic Policing, Christian Sundquist
Pandemic Policing, Christian Sundquist
Georgia State University Law Review
No abstract provided.
Racial Triangulation, Interest-Convergence, And The Double-Consciousness Of Asian Americans, Vinay Harpalani
Racial Triangulation, Interest-Convergence, And The Double-Consciousness Of Asian Americans, Vinay Harpalani
Georgia State University Law Review
This Essay integrates Professor Claire Jean Kim’s racial triangulation framework, Professor Derrick Bell’s interest-convergence theory, and W.E.B. Du Bois’s notion of double-consciousness, all to examine the racial positioning of Asian Americans and the dilemmas we face as a result. To do so, this Essay considers the history of Asian immigration to the United States, the model minority and perpetual foreigner stereotypes, Asian Americans’ positioning in the affirmative action debate, COVID-19-related hate and bias incidents, and Andrew Yang’s 2020 Democratic presidential candidacy. The Essay examines how racial stereotypes of Asian Americans have emerged through historical cycles of valorization and ostracism, as …
Less Prison Time Matters: A Roadmap To Reducing The Discriminatory Impact Of The Sentencing System Against African Americans And Indigenous Australians, Mirko Bagaric
Georgia State University Law Review
The criminal justice system discriminates against African Americans. There are a number of stages of the criminal justice process. Sentencing is the sharp end of the system because this is where the community acts in its most coercive manner by intentionally inflecting hardships on offenders. African Americans comprise approximately 40% of the incarcerated population yet only about 13% of the total population. The overrepresentation of African Americans in prisons is repugnant. Despite this, lawmakers for decades have been unable or unwilling to implement reforms which ameliorate the problem. This is no longer politically or socially tolerable in light of the …
Insuring The "Uninsurable": Business Interruption Insurance Coverage & Covid-19, Natalie E. Delatour
Insuring The "Uninsurable": Business Interruption Insurance Coverage & Covid-19, Natalie E. Delatour
Georgia State University Law Review
The COVID-19 pandemic has impacted virtually every facet of life in the United States, including the insurance industry. In particular, the number of business interruption insurance coverage lawsuits has continued to climb since March 2020, as insurers are denying coverage for pandemic-related losses and policyholders are seeking indemnification. Courts across the country are faced with answering difficult, novel questions about the interpretation and scope of business interruption insurance policies. Collectively, the conclusions the courts reach are critically important because they will determine the fate of policyholders and the insurance industry, respectively. This Note explores business interruption insurance coverage during COVID-19 …
Faculty Masthead, Georgia State University Law Review
Faculty Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Member Masthead, Georgia State University Law Review
Member Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Tangibility As Technology, Joao Marinotti
Tangibility As Technology, Joao Marinotti
Georgia State University Law Review
Property law has traditionally relied on tangible boundaries to delineate legal thinghood and to inform the bounds of in rem rights and duties. Unfortunately, property doctrines have fossilized around tangibility, causing fragmentation in the legal treatment of digital assets. In the United States, for example, cryptocurrencies and non-fungible tokens (NFTs) may simultaneously be classified as commodities, securities, currencies, assets, or not property at all, depending on the jurisdiction, domain, or specific asset in question. This fragmented system of overlapping legal treatments increases the information cost of using digital assets, decreases efficiency, and ultimately hinders future innovation. In this Article, I …
Has Federal Indian Law Finally Arrived At “The Far End Of The Trail Of Tears”?, Ann Tweedy
Has Federal Indian Law Finally Arrived At “The Far End Of The Trail Of Tears”?, Ann Tweedy
Georgia State University Law Review
This Article examines the United States Supreme Court’s July 9, 2020 decision in McGirt v. Oklahoma, which held that the historic boundaries of the Creek reservation remain intact, and argues that the decision may signal a sea change in the course of federal Indian law of the magnitude of Obergefell v. Hodges in the LGBT rights arena. The Article shows how the opinion lays a very strong foundation for a much-needed return to traditional federal Indian law principles, respectful treatment of tribal governments as a third sovereign in the American system, and an understanding of fairness from the perspective of …
Reimagining Postmortem Conception, Kristine Knaplund
Reimagining Postmortem Conception, Kristine Knaplund
Georgia State University Law Review
Hundreds, likely thousands, of babies have been born years after a parent has died. Thousands more people have cryopreserved their sperm, ova, and embryos, or have requested that a loved one’s gametes be retrieved after death to produce still more such children. Twenty-three states have enacted statutes detailing how these postmortem conception children can inherit from their predeceased parents.
And yet, few of these children will be able to inherit. The statutes create a bewildering array of standards, with over a dozen definitions of consent, variations in signature and witnessing requirements, and hurdles imposed in one state but not another. …
The Irs’S Voluntary Disclosure Program: Need For Codification, Jay A. Soled
The Irs’S Voluntary Disclosure Program: Need For Codification, Jay A. Soled
Georgia State University Law Review
For more than a century, the Internal Revenue Service (IRS) has had a voluntary disclosure program in place. Its purpose is to coax into tax compliance those wayward taxpayers who have committed criminal acts or have been remiss in fulfilling their civic tax-filing obligations. Historically, the voluntary disclosure program has had to strike a difficult balance between being attractive enough to entice tax scofflaws to participate and not being too attractive lest ordinary taxpayers feel that their compliance efforts were for naught.
A unique feature of the voluntary disclosure program is that it is entirely administrative in origin. The commissioner …
Information Privacy In An Age Of Invisible Shopper Tracking: Who Will Pay The Price For Stores Of The Future?, Kristin Harripaul
Information Privacy In An Age Of Invisible Shopper Tracking: Who Will Pay The Price For Stores Of The Future?, Kristin Harripaul
Georgia State University Law Review
Explosive growth in technology has brought a unique opportunity to the doors of brick-and-mortar retail—a nearly $3.38 trillion industry struggling to regain relevance among modern, digitally enabled shoppers. Specifically, in-store analytics, or shopper tracking technologies, are allowing these retailers to better compete with online stores by tapping into consumer data unprecedented in the brick-and-mortar context. With these technologies, stores now have access to detailed metrics, like consumer dwell times, journeys, product engagement, product views, and demographic data such as age and gender, which can be used to optimize store operations and marketing and promotions.
Recent events, however, including a string …
Intellectual Property Through A Non-Western Lens: Patents In Islamic Law, Tabrez Y. Ebrahim
Intellectual Property Through A Non-Western Lens: Patents In Islamic Law, Tabrez Y. Ebrahim
Georgia State University Law Review
The intersection of secular, Western intellectual property law and Islamic law is undertheorized in legal scholarship. Yet the nascent and developing non-Western law of one form of intellectual property—patents—in Islamic legal systems is profoundly important for transformational innovation and economic development initiatives of Muslim-majority countries that comprise nearly one-fifth of the world’s population.
Recent scholarship highlights the tensions of intellectual property in Islamic law because religious considerations in an Islamic society do not fully align with Western notions of patents. As Islamic legal systems have begun to embrace patents in recent decades, theories of patents have presented conceptual and theological …
Professional Gamers Are Today’S Professional Athletes, Troy Viger
Professional Gamers Are Today’S Professional Athletes, Troy Viger
Georgia State University Law Review
Recall the adversities faced by many in the entertainment industry. Freddie Mercury tried to join several bands before forming Queen. Judy Garland signed with Metro-Goldwyn-Mayer at age thirteen after performing with her sisters throughout her childhood. Babe Ruth signed his first professional baseball contract with the minor-league Baltimore Orioles. Those same historic adversities faced by these giants of the entertainment industry are being repeated today in a closely related field—the Esports industry.
Esports, a form of competitive video gaming, attracts audiences that “rival some of the world’s great sporting events.” A thorough due diligence review of the industry-norm contract must …
Prohibiting Cashless Retailers And Protecting The Impoverished, Allison Kretovic
Prohibiting Cashless Retailers And Protecting The Impoverished, Allison Kretovic
Georgia State University Law Review
A growing number of customer-facing businesses have opted to implement cashless policies, declining to accept cash for payment and limiting consumers’ options on how they can pay for goods and services. Proponents for cashless policies cite the efficiencies gained by removing cash from a business and concerns about theft as their primary reasons for supporting such policies. Opponents to the move toward cashless express concerns that the policy is discriminatory and has a disparate impact on lower-income consumers who do not have access to financial institutions. Policymakers at the local and state levels have responded by proposing and enacting legislation …
Member Masthead, Georgia State University Law Review
Member Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Distinguishing Plea Discounts And Trial Penalties, Ben Grunwald
Distinguishing Plea Discounts And Trial Penalties, Ben Grunwald
Georgia State University Law Review
We know that criminal defendants who plead guilty receive lower sentences than those convicted at trial, but there’s widespread disagreement about why. One camp of scholars believes this plea-trial differential represents a deeply troubling and coercive penalty; a second believes it’s merely a freedom-enhancing discount; and a third denies any meaningful distinction between the two at all. One reason for this disagreement is theoretical—it’s not at all clear what these concepts mean. Another is empirical—in the absence of precise conceptual definitions, we lack relevant data because scholars don’t know what to look for when searching for evidence of penalties and …
Faculty Masthead, Georgia State University Law Review
Faculty Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Table Of Contents, Georgia State University Law Review
Table Of Contents, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans
How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans
Georgia State University Law Review
The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou’s Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students.
This Article discusses the author’s experience with using Bad Blood as an extended case study in a new course on Legal …
Violent Videos: Criminal Defense In A Digital Age, Amy Kimpel
Violent Videos: Criminal Defense In A Digital Age, Amy Kimpel
Georgia State University Law Review
Digital video evidence has exploded into criminal practice with far-reaching consequences for criminal defendants, their attorneys, and the criminal legal system as a whole. Defense attorneys now receive police body-worn camera footage, surveillance video footage, and cell phone video footage in discovery in even the most routine criminal cases. This Article explores the impact on defense attorneys of reviewing this avalanche of digital evidence. The author posits that the outsized role of digital evidence in criminal cases is taking a toll on defense attorneys in general—and public defenders in particular—resulting in increased burnout and secondary trauma.
This Article includes results …