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University Of Georgia School Of Law Blueprint For Excellence, 1976, J. Ralph Beaird

Strategic Plan Documents

This 34-page spiral bound booklet includes a detailed strategic plan for the University of Georgia School of Law. Although portions of the planning booklet are works of the collective departments at the School of Law, the plan bears the Dean of the Law School's name as author, J. Ralph Beaird. In the introduction Beaird notes that the blueprint goal is to provide an "objective appraisal o four past as well as a purposeful and specific plan for the future". He goes on to outline that "the analysis will be concerned with the 'four pillars' of quality education - students, instruction, …

Tightening Clinical Training : Improvements In Legal Education Support Programs : Final Report, Student Bar Association Symposium On Clinical Legal Education, University Of Georgia School Of Law

Other Law School Publications

Within the last decade, Langdell's case method of legal education has ceased to be the exclusive means of instruction in the Nation's law schools. The increasing support of the traditional academic curriculum at Georgia with seminars, simulation and burgeoning clinical programs clearly demonstrates that legal education here is no longer inextricably bound to the case method.

Underlying the recent trend among law schools to revitalize the academic curriculum with supplementary practical experience is the growing realization of a public obligation to produce technically competent and professional lawyers by graduation. Defining clinical legal education as "lawyer-client work by a law student, …

A Commerce Power Seesaw: Balancing National League Of Cities, J. Ralph Beaird, C. Ronald Ellington

Scholarly Works

This Article seeks to explore the developing principles of state sovereignty limitations on Congress’ exercise of its granted powers and the potential conflicts in reconciling the enforcement of strong federal policy interests with the allowance to the states of primary control over certain governmental functions. Since both tenth and eleventh amendment questions were raised by the application of the Fair Labor Standards Act’s ever broadening coverage to state employees and its grant of federal court jurisdiction over enforcement suits, and since the Act precipitated the League of Cities decision, the Court’s treatment of the Act will serve as the primary …

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.

Scholarly Works

This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.

Nineteenth Century Anti-Entrepreneurial Nuisance Injunctions--Avoiding The Chancellor, Paul M. Kurtz

Scholarly Works

This Article will explain how the 19th-century entrepreneur, faced with a hostile rule of strict liability for interference with the use and enjoyment of property, avoided the heavy hand of the chancellor's injunction. Although the term "entrepreneur" describes a diverse group of businessmen--from the mill owner to the early 19th century to the slaughterhouse operator of later in the century--the denominator common to all nuisance action in this period was a developmental use of real property that interfered with the use of neighboring property. An examination of the responses of courts to private nuisance suits between an individual property owner …

Remembering Recall In Local Government Law, R. Perry Sentell Jr.

Scholarly Works

Inherent in a system of representative government is the thesis that if those who "represent" do not fulfill the promise or expectation, those who are "represented" must possess the leverage of a remedy. The most obvious of such remedies, of course, is resort to the ballot box at the conclusion of the representative's term of office. The extent to which more drastic remedies are desirable is a provokinig point of perplexity, for few have yet satisfactorily resolved the conundrum of how much pure democracy stability in government can accommodate. The procedure of recall is undeniably one of the more drastic …

Claiming Illegal Electronic Surveillance: An Examination Of 18 U.S.C. 3504(A)(1), Margaret V. Sachs

Scholarly Works

This Comment will first discuss the making of claims under section 3504(a)(1), and will show that the statute should not be read to require that claims be accompanied by evidentiary support. It will then suggest that the statute should be read to encompass claims of attorney-third party conversations. Finally, the scope of the government's response to section 3504(a)(I) claims will be examined.

Legal Malpractice: A Calculus For Reform, Fredrick W. Huszagh, Donald W. Molloy

Scholarly Works

Our most distinguished professions do not maintain congruency between membership standards and actual performance. This deficiency is manifest; spiraling malpractice litigation witnesses a substantial increase in both the number of suits and the amount of recovery. Neither the professions nor public can long endure this trend. Governmental and possibly lay intervention in profession affairs is imminent unless the professions move decisively to understand better the dynamics of malpractice and do excise its causes. This article examines professional malpractice and existing responses to it, relates various cases in a calculus that can be employed to anticipate systemic patterns of malpractice, and …

School Desegregation -- Failure To Revamp Segregated School District Attenuates The Milliken V. Bradley Barrier To Federal Interdistrict Remedies United States V. Missouri, 515 F.2d 1365 (8th Cir.), Cert. Denied, 96 S. Ct. 374 (1975), James C. Smith

Scholarly Works

Kinloch School District, small and all-black, adjoins the predominantly white Berkeley and Ferguson-Florissant School Districts in St. Louis County, Missouri. Kinloch and Berkeley had comprised one district until 1937, when they split along racial lines. In 1971 the United States, pursuant to Title IV of the Civil Rights Act of 1964 and the fourteenth amendment, commenced a school desegregation action against the State of Missouri, the State and county boards of education, the three school districts, and several public officials. The district court concluded that all the defendants had unlawfully maintained Kinloch as a racially segregated school district. After reviewing …

Advocate, Spring 1976, Vol. 12, No. 1, Office Of Communications And Public Relations

News @ UGA School of Law

Dean Alford Departs; Phillips Fills Pro Tempore Office; Faculty: Innovative Teaching; Bar Results: Admission Data; Job Survey: After One Year; Lumpkin Revisited; Sibley Lecturer and Douglas; Student News; Alumni Officers; Georgia's Leader in CLE; Distinguished Service Scrolls; Class of 1975 Roster; Alumni Giving Record

Is Georgia On Their Minds?--Some Legal Aspects Of Investment And Trade By Foreign Business Enterprises, Gabriel M. Wilner, Terry K. Smith

Scholarly Works

This article will focus on the legal environment within the State in regard to foreign investment and trade. In making this survey it is also necessary to note briefly the full context in which foreign investment and trade is accomplished. The State cannot act or fail to act in areas dictated by the economic, political, and social philosophies held by its citizens. Likewise, the State cannot act in areas in which the Federal Government has acted pursuant to the United State Constitution. Among the areas in which the State is prohibited or preempted from acting are foreign affairs, especially in …

State Taxation Of Interstate Business And The Supreme Court, 1974 Term: Standard Pressed Steel And Colonial Pipeline, Walter Hellerstein

Scholarly Works

It was an item of more than routine interest when the Supreme Court, late in the 1973 term, noted probable jurisdiction in two cases raising issues of central importance with respect to state tax power over interstate business. Standard Pressed Steel Co. v. Department of Revenue presented critical questions concerning due process and commerce clause limitations on a state's power to impose an unapportioned gross receipts tax on an interstate vendor; Colonial Pipeline Co. v. Traigle posed the recurring and unresolved question of the scope and vitality of the doctrine that the “privilege” of doing interstate business is immune from …

The Origins Of Usus, Alan Watson

Scholarly Works

It has long been recognized that the XII Tables was not a complete statement of the law, and that some topics of great legal importance were either not set out or were very partially treated. The general opinion has been, however, that the fragmentary state of our knowledge of the XII Tables' provisions makes it impossible to be precise as to the the topics not dealt with or treated only in part. Recently, though, I have tried to show that we have some information on the great majority of the clauses in the XII Tables: hence on this view, where …

A Reappraisal Of The Wealth Transmission Process: The Surviving Spouse, Year's Support And Intestate Succession, Verner F. Chaffin

Scholarly Works

This Article will attempt to describe and evalute certain aspects of the wealth transmission process. Attention will be given to the surviving spouse's intestate share and its size, the spouse's protection against disinheritance through forced share legislation or otherwise, and, more significantly, whether such a drastic legislative intrusion on freedom of testation is really needed. The adequacy of the support allowance for the decedent's family during the period of administration will also be explored. Attention will also be focused on selected provisions of the intestacy scheme, such as the order of succession, the doctrine of advancements, whether distribution is per …

The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.

Scholarly Works

As a result of the Burger Court's seemingly inexorable relaxation of federal protection for criminal defendants, a number of state courts have continued to expand basic rights on state law grounds, thereby utilizing the adequate state ground doctrine to avoid further review by the Burger Court. Part II of this article will examine the evasion cases decided since March 1975. The prospects for continued evasion will be accessed in Part III.

Michelin Tire Corp. V. Wages: Enhanced State Power To Tax Imports, Walter Hellerstein

Scholarly Works

In Michelin Tire Corp. v. Wages, the Supreme Court abandoned a century of precedent in holding that the Import-Export Clause does not bar a state from imposing a nondiscriminatory ad valorem property tax on imported goods. The provision forbidding the states from laying "any Imposts or Duties on Imports or Exports" was never intended to prohibit such a levy, the Court now tells us, and the case first suggesting that it did, Low v. Austin, was "wrong decided." Over a mild protest of Mr. Justice White, the Court thus obviated any examination of the principal issue the parties …

Georgia Constitution Of 1976, Effective January 1, 1977, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

Findings And Recommendations Of The Constitutional Revision Commission Of 1969, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.