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Legislation And Implementation Of International Environmental Law By African Countries: A Case Study Of Ghana, Brigitte L. Okley

LLM Theses and Essays

The purpose of my thesis is to bring to the light the efforts of African countries, in this case Ghana, in implementing their environmental commitments under international law and some of the problems they face in this regard. African countries played a tremendous role in the emergence of international environmental law, after which environmental institutions and legislations have been set up for the conservation and management of natural resources. The thesis will discuss environmental issues particularly in Ghana, its obligation under various multilateral environmental conventions. The thesis will also focus on some of Ghana’s policies on the environment and its …

Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu

LLM Theses and Essays

Arbitration is an effective way to solve disputes, through which parties from different countries can be partially free from anyone’s local jurisdiction. However, the recognition and enforcement of international arbitration awards still rely on the national court system. Since China opened its door to the world, more and more commercial disputes have been settled through arbitration. However, many foreign investors and writers have complained about the defects in the recognition and enforcement of arbitration awards in China. This paper will look into the causes of these defects in, and try to find ways to resolve the defects.

School Funding Litigation: Who's Winning The War?, John Dayton, Anne Proffitt Dupre

Scholarly Works

This Article examines how the landscape of school funding litigation has changed over the three decades since Serrano and Rodriguez. The first part of the Article sets forth the history of school funding litigation since Serrano and Rodriguez and unravels the legal theories that have driven the school financing cases, explaining past dispositions and point out likely future trends. At first blush it would appear that the attorneys seeking social change through greater equity in school funding are litigating similar issues in each state. Yet judges have approached these matters from different directions with results that vary significantly from state …

Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells

Scholarly Works

While most section 1983 suits are brought against local governments and officials, an increasing number of plaintiffs target private persons and businesses who have collaborated with government in one way or another. In such cases, plaintiffs claim that private entities have acted "under color of state law" in violation of the plaintiffs' rights. They must establish that the defendants are nonetheless "state actors" in order to prevail on the constitutional claims they raise. The broad range of cases includes, among others, efforts to obtain relief against creditors who use self-help remedies, litigation directed at persons who have cooperated with state …

Student Organization Officers 2004-2005, Office Of Registrar

Materials from All Student Organizations

No abstract provided.

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2004-2005, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

Class Schedule - Fall 2004, Office Of Registrar

Semester Schedules and Information

No abstract provided.

I Do Know How She Does It (But Sometimes I Wish I Didn't), Rebecca White

Scholarly Works

I care deeply about the issue of women's attrition from the legal profession. Admittedly, I have not written any scholarly work on this exact topic. When I learned who the other symposium guests were and how much extensive work they have done on this subject, I was left to wonder what I could contribute to our discussion. I have not conducted any empirical studies; I do not have any new and brilliant insight. What I do have, is experience. I have performed ‘the juggling act’ that simultaneous full-time lawyering and mothering requires. I have worked part-time in a large law …

Foreword: Rethinking Reconstruction After Iraq, Diane Marie Amann

Scholarly Works

Foreword to a symposium held on March 12, 2004 by the UC Davis Journal of International Law & Policy. Entitled “Rethinking Reconstruction After Iraq,” the symposium was designated a regional meeting of the American Society of International Law and the American Branch of the International Law Association, and further was sponsored by the American National Section of the International Association of Penal Law and the International Human Rights Committee of the Bar Association of San Francisco.

An End Of Term Exam: October Term 2003 At The Supreme Court Of The United States, Peter B. Rutledge, Nicole L. Angarella

Scholarly Works

The goal of this Essay is to provide a resource of digestible proportions that any Court watcher (judge, lawyer, professor, student) can use to inform himself or herself about current developments at the Court. While the Essay discusses how the current Term compares to past ones, it does not do so simply as an exercise in dry social science. Instead, it highlights those trends of interest to both the scholar and the practitioner. Likewise, while the Essay discusses particular cases, it does not simply summarize facts and holdings. Instead, it places those doctrinal developments in a larger context, analyzes them, …

Toward A Contractual Approach To Arbitral Immunity, Peter B. Rutledge

Scholarly Works

This Article breaks from conventional wisdom in both case law and scholarship. It proposes a simple but novel thesis: Arbitrators and arbitral institutions, in cases of voluntary submission of disputes, should not be entitled to any form of legal immunity. Instead, any limit on or waiver of the arbitrator's or institution's liability should come in the form of a contractual release-either adopted in the parties' arbitration agreement or negotiated between the parties and the arbitrator.

Central to this thesis is a distinction between two types of immunity. The first form of immunity is “contractual immunity.” The hallmark of contractual immunity …

Grade Distribution - Fall Semester 2004, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Point Allocation History For Fall Semester 2004, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Employment Discrimination Remedies And Tax Gross Ups, Gregg D. Polsky, Stephen F. Befort

Scholarly Works

This article considers whether a successful employment discrimination plaintiff may be entitled, under current law, to receive an augmented award (a gross up) to neutralize certain adverse federal income tax consequences. The question of whether such a gross up is allowed, the resolution of which can have drastic effects on litigants, has received almost no attention from practitioners, judges, and academics. Because of the potentially enormous impact of the alternative minimum tax (AMT) on discrimination lawsuit recoveries, however, the gross up issue is now beginning to appear in reported cases.

The three principal federal anti-discrimination statutes - Title VII, the …

"May It Please The Camera,...I Mean The Court"--An Intrajudicial Solution To An Extrajudicial Problem, Lonnie T. Brown

Scholarly Works

This Article explores the depths of the ethical issues presented when lawyers zealously advocate on behalf of their clients to the media, as well as the negative public policy ramifications that such behavior generates. The latter effect most seriously signals the need for reform in this area. Part II of the Article provides insight into the principal source of the problem--the ineffectiveness of the existing regulatory devices. This section traces the evolution of the ethical rules that pertain to public commentary by lawyers from the early days of steadfast condemnation to the modern appraoch of cautious equivocation. It also considers …

Race And Equality Across The Law School Curriculum: The Law Of Tax Exemption, David A. Brennen

Scholarly Works

What is the relevance of race to tax law? The race issues are apparent when one studies a subject like constitutional law. The Constitution concerns itself explicitly with such matters as defining rights of citizenship, allocating powers of government, and determining rights with respect to property. Given the history of our country -- with slavery followed by periods of de jure and de facto racial discrimination -- these constitutional law matters obviously must have racial dimensions.

Tax law, however, does not generally concern itself explicitly with matters of race. Tax law is often thought of as completely race neutral in …

Moot Court Executive Board And Teams 2004-2005, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

Contracts And Electronic Agents, Sabrina Kis

LLM Theses and Essays

The purpose of this thesis is to analyze the formation of contracts concluded by electronic agents both in the European Union and the United States. Technology is in constant evolution and the possibilities offered by electronic agents today are far from the ones that could be developed tomorrow. Thus, law faces a permanent challenge to adapt itself to these changes. This paper aims to show that the existing principles do not provide an appropriate legal frame for this new type of contract. In addition, since legislatures have attempted to regulate this new way of doing business, this thesis analyzes the …

The Challenges Of Tax Collection In Developing Economies (With Special Reference To India), Pramod K. Rai

LLM Theses and Essays

This paper gives an overview of the Indian tax system and discusses the challenges in tax collection faced by developing economies using India as a model. The paper discusses the ways and means to reduce the black economy and to improve tax compliance for better collection of revenue. The paper further proposes the establishment of a dispute resolution system in developing economies similar to that of the United States for speedy and fair settlement of taxation disputes.

Two Early Codes, The Ten Commandments And The Twelve Tables: Causes And Consequences, Alan Watson

Scholarly Works

Comments on the legal history of the ten commandments and the Roman Twelve Tables, and a comparison of the two legal collections. This paper also discusses the peculiarities in the traditions behind the collection of these laws; and the rules of behavior between humans covered by these laws.

Class Schedule - Summer 2004, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Report Of The Governor's Workers' Compensation Review Commission, Thomas A. Eaton, David B. Mustard

Scholarly Works

The editors of the Georgia Law Review asked me to write this Foreword to explain why a government report of this nature should be published in an academic journal. I write solely in my capacity as a law professor--not as Chair of the Governor's Workers' Compensation Review Commission. My case, simply put, is that the Report illustrates how service and scholarship can go hand in hand.

Between 'Merit Inquiry' And 'Rigorous Analysis': Using Daubert To Navigate The Gray Areas Of Federal Class Action Certification, Elizabeth Chamblee Burch

Scholarly Works

In recent years, the class action certification hearing has become the latest forum for disputes over the reliability of expert testimony. Since these hearings may involve complex technical matters, litigants frequently try to introduce expert testimony to either establish or challenge the basic requirements for class certification. Yet, most courts do not conduct a Daubert analysis before admitting expert testimony during certification, evaluate the evidence according to a uniform standard, or adequately weigh opposing expert opinions.

Even though the Federal Rules of Evidence codify procedures to ensure the reliability of expert testimony, courts have been reluctant to employ them during …

Necessity Never Made A Good Bargain: When Consumer Arbitration Agreements Prohibit Class Relief, Thomas V. Burch

Scholarly Works

The American system of arbitration is constantly evolving. From the first formal arbitration tribunal in 1786—established by the New York Chamber of Commerce—to the creation of the Federal Arbitration Act in 1925—passed to suppress judicial hostility towards arbitration -- the system has continuously adapted to accommodate changing business practices and rising judicial concerns over the legitimacy of the institution. In fact, the system’s adaptation has been so effective that the Supreme Court now recognizes a “national policy favoring arbitration.” This “national policy” is the most recent phase of the arbitration evolution, and it raises several concerns. Most significantly, lower courts …

Strip Corridor Redevelopment: A Guidance Document, University Of Georgia School Of Law, Land Use Clinic, College Of Environment And Design, University Of Georgia

Land Use Clinic

Guidance document and model ordinance for Georgia local governments, created for the Georgia Department of Community Affairs. This project began with a strip corridor revitalization overlay and implementation document for the city of Dalton to help improve community character and reduce traffic congestion along Dalton's Walnut Avenue commercial strip.

International Norms In Constitutional Law, Michael Wells

Scholarly Works

Whether the Supreme Court should look to international law in deciding constitutional issue depends largely on what is meant by "looking to" international law. Some international norms are legally binding on American courts, either because we have agreed to follow them by adopting treaties or because they form part of the federal common law. I certainly agree that the Supreme Court, like the rest of us, ought to obey these aspects of international law. But the role of international norms in American courts has recently attracted attention for a different reason. In Lawrence v. Texas the Supreme Court, overruling Bowers …

Fifteen Famous Supreme Court Cases From Georgia, Dan T. Coenen

Scholarly Works

John Inscoe, UGA professor of history and editor of the New Georgia Encyclopedia, invited Hosch Professor Dan T. Coenen to contribute a series of essays on the most significant U.S. Supreme Court cases that originated in the state of Georgia. This article, which proposes an unranked top 15 list, is built on this work.

The Embarrassing Rule Against Perpetuities, Peter A. Appel

Scholarly Works

The Rule Against Perpetuities offers an opportunity for those who teach property or trusts and estates to review some of the major schools of jurisprudence and how accurately or inaccurately those schools characterize law and legal development. At first blush, the idea that the rule can be used to advance a student's mastery or consideration of theory seems absurd. But this essay will outline an innovative approach to the rule that allows those who teach it to mix theory in with the difficult problems that the rule creates.

The modern pedagogical approach to the rule treats it as an embarrassment …

The Use Of International Sources In Constitutional Opinion, Daniel M. Bodansky

Scholarly Works

My argument for the use of international materials to interpret the Constitutional will proceed in four parts. First, I will argue that international law has a venerable history in constitutional interpretation. Second, I will argue that American courts and foreign courts are engaged in a common legal enterprise and could learn from one another. Third, I will argue that the text of certain constitutional provisions invites the use of international materials. Finally, I will argue that taking international opinion into account has strong pragmatic justifications.

Bigotry Always Has Its Reasons, Donald E. Wilkes Jr.

Popular Media

The gay marriage issue (or same-sex marriage issue) is, like other gay rights issues, a civil rights issue. A civil rights issue exists when the state unfairly or unjustifiably denies an individual or group a right which it grants to other individuals or groups. The gay marriage issue is whether the state may use its authority to bar same-sex couples from doing what different-sex couples may do–get married. Once the issue is correctly framed, there can be no doubt how it should be resolved. Persons of the same sex (whether heterosexual or homosexual) should have the same right to marry …