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Series

2001

University of Georgia School of Law

Articles 1 - 30 of 36

Full-Text Articles in Law

David Vs. Goliath (2001): An Analysis Of The Oecd Harmful Tax Competition Policy, Truman Butler Dec 2001

David Vs. Goliath (2001): An Analysis Of The Oecd Harmful Tax Competition Policy, Truman Butler

LLM Theses and Essays

The OECD or Organization for Economic Cooperation and Development has produced a report titled Harmful Tax Competition An Emerging Global Issue. The report is the single largest threat to the offshore finance industry. Further, the sweeping recommendations made by the report would at worst potentially discourage foreign investment in some of the more established offshore financial centers. This thesis represents an analytical view of the report and further gives some highlights to the anomalies found in the tax regimes of the major industrialized countries. It is clear that the actions of the OECD does create in effect a tax cartel ...


Foreign Direct Investment In Colombia, Juliana Gomez Dec 2001

Foreign Direct Investment In Colombia, Juliana Gomez

LLM Theses and Essays

After decisions 220/88 and 291/91 of the Andean Pact, Colombia enacted law 9 of 1991. Law 9/91 empowered the National Economic and Social Policy Council (COMPES), a private government consulting agency, to promulgate rules on foreign investment. In the same year, the COMPES promulgated resolution 51 which is the base of the foreign investment regulation in Colombia. The purpose of this study is to analyze the legal aspects of foreign investment of Colombia and compare them with the international standards in order to determine whether the Colombian regulation acts in accordance to those standards or even exceeds ...


Modernization Of European Community Competition Law, Alejandro Leon-Vargas Dec 2001

Modernization Of European Community Competition Law, Alejandro Leon-Vargas

LLM Theses and Essays

The modernization of EC Competition Law is discussed as a necessity on the European Union. Its counterpart, the U.S. Antitrust Law system followed a different evolution. The legislation, institutions and procedures remark the differences among these advanced systems of market control. The role of the EC Commission, national authorities and national courts of Member States will determine the elements to change. Its American counterpart, the Antitrust Division, the Federal Trade Commission, and the federal courts, developed the most effective and dynamic pathways for antitrust enforcing. The analysis of both frameworks must consider several factors, other that legal factors. The ...


Corporate Distributions To Shareholders In Delaware And In Israel, Anat Urman Dec 2001

Corporate Distributions To Shareholders In Delaware And In Israel, Anat Urman

LLM Theses and Essays

This thesis considers the corporate legal systems of Israel and Delaware as they address the subject of corporate distributions to shareholders. The thesis reviews the significance of cash dividends and the acquisition by corporations of their own stock, in the management and survival of corporations, the effect they have on the disposition of creditors, and the extent to which they are restricted by operation of law. The thesis demonstrates how dividends and share repurchases may translate into a transfer of value from creditors to shareholders. It considers the effectiveness of the legal capital in securing creditors’ interest, and concludes that ...


Transfer Pricing: A Comparative Study Of The French And U.S. Legal Systems, Valerie Ciancia Dec 2001

Transfer Pricing: A Comparative Study Of The French And U.S. Legal Systems, Valerie Ciancia

LLM Theses and Essays

For several decades, the number of multinational corporations has significantly increased and this phenomenon has created a new problem: the issue of transfer pricing. Indeed, national states have observed that multinationals could simply manipulate cross- border transfer pricing policies in order to shift profits from one jurisdiction to another. France, along with the United States, was one of the very first countries to introduce transfer-pricing legislations. Although the aims of the French and U.S. transfer pricing systems are similar, the means used to apply such rules are different and often raise difficulties to get rid of double taxations. Nevertheless ...


The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel Nov 2001

The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel

Scholarly Works

Congress has overlooked a powerful tool for regulating within state jurisdictions: the Property Clause of the United States Constitution. The United States Government owns land in every state and approximately thirty percent of the total land in the United States. The federal government's authority to regulate its property within states derives from the Property Clause and has been described by the Supreme Court as "without limitation."

Professor Appel traces the historical development of the Constitution's Property Clause, from its pre-constitutional origins through modern Supreme Court decisions and academic conceptions. Professor Appel compares the narrow view of Property Clause ...


Class Schedule - Fall 2001, Office Of Registrar Oct 2001

Class Schedule - Fall 2001, Office Of Registrar

Semester Schedules and Information

No abstract provided.


Student Organization Officers 2001-2002, Office Of Registrar Oct 2001

Student Organization Officers 2001-2002, Office Of Registrar

Materials from All Student Organizations

No abstract provided.


Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2001-2002, Georgia Journal Of International And Comparative Law Oct 2001

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2001-2002, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.


Race To The Stars: A Federalism Argument For Leaving The Right Of Publicity In The Hands Of The States, Usha Rodrigues Oct 2001

Race To The Stars: A Federalism Argument For Leaving The Right Of Publicity In The Hands Of The States, Usha Rodrigues

Scholarly Works

This Note will argue that, given the variation in the right of publicity from state to state, and the relative newness of this property right, Congress should refrain from passing a law to federalize it. Although there are sound arguments for adopting this right, there are also reasons to hesitate. Given that only half of the states have adopted it, federalization seems premature. This Note will only obliquely address the main objection usually leveled at a robust right of publicity, namely that it stifles creativity and implicates First Amendment concerns. The focus instead will be on the right of individual ...


Revisiting The Taxation Of Punitive Damages, Gregg D. Polsky, Dan Markel Sep 2001

Revisiting The Taxation Of Punitive Damages, Gregg D. Polsky, Dan Markel

Scholarly Works

In our recent article, Taxing Punitive Damages, available at http://ssrn.com/abstract=1421879, we argued (1) that plaintiffs in punitive damages cases should be allowed to introduce to the jury evidence regarding the deductibility of those damages by defendants, and (2) that this jury tax-awareness approach is better than the Obama Administration’s suggested alternative of disallowing those deductions.

To our delight, Professor Larry Zelenak and Paul Mogin have each provided published comments to our piece on Virginia Law Review's In Brief companion website. Professor Zelenak’s thoughtful response focuses on our prescriptive claim that jury tax-awareness is ...


Moot Court Teams 2001-2002, Kellie Casey Monk Sep 2001

Moot Court Teams 2001-2002, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.


Were There Adequate State Grounds In Bush V. Gore?, Michael L. Wells Jul 2001

Were There Adequate State Grounds In Bush V. Gore?, Michael L. Wells

Scholarly Works

Few Supreme Court decisions provoke the immediate and intensely negative verdict that law professors passed on Bush v. Gore. Some of the criticism is deserved. Others have questioned whether the ruling rests on any general principle at all, given the care the Court took to limit its reasoning to the extraordinary circumstances of the Florida presidential election.

It is all too easy to leap from this well-founded critique of the Court's reasoning to the conclusion that the majority – all of whom were appointed by Republican presidents – were bent on installing George W. Bush in the White House by any ...


Restitching The American Quilt: Untangling Marriage From The Nuclear Family, Lisa Milot May 2001

Restitching The American Quilt: Untangling Marriage From The Nuclear Family, Lisa Milot

Scholarly Works

Part I of this Note will trace the various threads of American marriage law, particularly the perception that marriage is unraveling today due to an unprecedented divorce crisis. Part II will disentangle the conflicting patterns of contract law and status regimes that variously govern marriage, focusing on the uneven enforcement of antenuptial contracts and the implications of such. Part III will argue that the true focus of regulation is the status of the nuclear family, not of marriage per se. Finally, Part IV will propose a bifurcation of the legal regimes governing marriage and the family, recognizing the ability of ...


Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen May 2001

Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen

Scholarly Works

In this Essay, I will pause to note some reasons why the "sham decision" critique of structural review is, for me, unpersuasive. I also will offer a few comments on the proper relationship between structural and substantive review. I note, in particular, that an endorsement of "activist" structural review need not lead to a "nonactivist" approach to substantive review, far less to its total abandonment. I also suggest that a vigorous embrace of structural rules may well lead to more, rather than less, overall judicial protection of fundamental rights.


A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen May 2001

A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen

Scholarly Works

Often the Supreme Court directly engages nonjudicial officials in a shared elaboration of constitutional rights. It does so through the use of doctrines that focus on whether nonjudicial actors have taken an appropriately close and sensitive look at policy judgments that threaten important constitutional values. In many of these cases, the Court in effect "remands" constitutionally controversial programs to the political branches--inviting a more studied consideration of the program than attended its initial adoption, and leaving open the possibility that the readopted program will be upheld against constitutional attack.

The Court's structural doctrines range from the familiar vagueness rule ...


Advocate, Spring 2001, Vol. 35, No. 2, Office Of Communications And Public Relations Apr 2001

Advocate, Spring 2001, Vol. 35, No. 2, Office Of Communications And Public Relations

News @ UGA School of Law

Features

  • The President's Men
  • The Scholar's Perfect Gift
  • Dealing With the Legal & Ethical Aspect of Dementia: A Policy Blueprint for the Next Decade
  • Family Day 2001
  • Advocacy Accomplishments: A Season of Excellence

Departments

  • Headlines
  • Faculty Accomplishment
  • Hirsch Hall Highlights
  • Student Briefs
  • Alumni Activities
  • Class Notes


Grade Distribution - 2000- 2001 Academic Year, Office Of Registrar Apr 2001

Grade Distribution - 2000- 2001 Academic Year, Office Of Registrar

Semester Schedules and Information

No abstract provided.


Corrective Justice And Constitutional Torts, Bernard P. Dauenhauer, Michael L. Wells Apr 2001

Corrective Justice And Constitutional Torts, Bernard P. Dauenhauer, Michael L. Wells

Scholarly Works

Tort liability in the private realm may be understood as "an instrument aimed...at deterrence...[and] a way of achieving corrective justice between the parties." Following the common law model, the Supreme Court has borrowed this normative framework for constitutional torts, ruling that the aims of liability for damages are to vindicate constitutional rights and to deter constitutional violations. A recent article by Daryl Levinson takes issue with this approach. Levinson argues that the superficial similarities between public torts and private torts conceal real differences, to which neither the Court nor scholars have paid adequate attention. The main point of ...


Whose Motive Matters? Discrimination In Multi-Actor Employment Decision Making, Rebecca H. White, Linda Hamilton Krieger Apr 2001

Whose Motive Matters? Discrimination In Multi-Actor Employment Decision Making, Rebecca H. White, Linda Hamilton Krieger

Scholarly Works

The search for a discriminatory motive in disparate treatment cases often is envisioned as an attempt to determine whether a supervisor, despite his denials, consciously acted out of bias, animus or on the basis of “inaccurate and stigmatizing stereotypes” in making an employment decision. Framing the search for discriminatory motive is this way, however, cannot prove fully effective in eliminating discrimination, as individuals may be unaware of their own biases or the influences those biases have had on their own decision making.

The reality of decision making in the employment area, moreover, is that multiple individuals are often involved in ...


Foreword: Symposium Re-Examining First Principles: Deterrence And Corrective Justice In Constitutional Torts, Thomas A. Eaton Apr 2001

Foreword: Symposium Re-Examining First Principles: Deterrence And Corrective Justice In Constitutional Torts, Thomas A. Eaton

Scholarly Works

This Symposium provides a forum for a careful and thoughtful consideration of whether constitutional tort law can deter wrongdoing and is consistent with principles of corrective justice.


Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson Apr 2001

Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson

Scholarly Works

In Eldred v. Reno the U.S. Court of Appeals for the D.C. Circuit held that the Copyright Term Extension Act (CTEA), which extends the copyright term for present and future works for twenty years, was a constitutional exercise of Congress's copyright power. The CTEA thus puts an end (at least for two decades) to a policy in effect for more than two centuries, since the Copyright Act of 1790, that the copyright of a work expires at the end of a stated term defined at the time the copyright was granted. Since works were copyrighted annually, the ...


Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann Apr 2001

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

Scholarly Works

These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.


Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael Wells Apr 2001

Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael Wells

Scholarly Works

This Article is not about theories of free speech and how they bear on the public employment context, nor does it contribute to the academic debate over what the aims of public employee speech law ought to be. I take the Court at its word when it says that its aim is to give substantial weight to both the value of speech and the government's interest as an employer. Unlike Massaro and Ingber, I take it as a given that the government may insist on hierarchy and obedience to authority in the workplace. Unlike Rosenthal, I begin from the ...


Outrageous Opponents: How To Stop Them In Closing Argument, Ronald L. Carlson, Michael S. Carlson Feb 2001

Outrageous Opponents: How To Stop Them In Closing Argument, Ronald L. Carlson, Michael S. Carlson

Popular Media

Most attorneys try to sum up their cases in a fashion that comports with accepted law and local practice. All too frequently, however, one has the misfortune of running into Rambo, the over-the-top opponent. Before his peroration is concluded, Rambo has trampled on the law of trial practice by making half a dozen improper arguments. He urges evidence that never came up at trial. He injects hearsay into the proceedings. He adds his own opinions about which witnesses were lying and the legal fault of your client. And, this is just the beginning. Adding insult to injury, the unjust tactics ...


Learning To Be A Lawyer: Transition Into Practice Pilot Project, Sally Evans Winkler, C. Ronald Ellington, John T. Marshall Feb 2001

Learning To Be A Lawyer: Transition Into Practice Pilot Project, Sally Evans Winkler, C. Ronald Ellington, John T. Marshall

Popular Media

"A law student, upon graduation, is not a finished product," a respected law school dean observed. A practicing lawyer might add: "A lawyer, upon passage of the Bar examination, is not a finished product." To determine ways new lawyers can be helped in moving up the steep learning curve that separates law students from competent professionals, the State Bar of Georgia, through its Committee on the Standards of the Profession, is conducting a Transition into Practice Pilot Project.


Joseph Henry Lumpkin Inn Of Court Team Members 2001-2002, Kellie Casey Monk Jan 2001

Joseph Henry Lumpkin Inn Of Court Team Members 2001-2002, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.


Foreword: Joint Conference On Legal/Ethical Issues In The Progression Of Dementia, Edward D. Spurgeon Jan 2001

Foreword: Joint Conference On Legal/Ethical Issues In The Progression Of Dementia, Edward D. Spurgeon

Scholarly Works

The Joint Conference on Legal/Ethical Issues in the Progression of Dementia grew out of the pressing need to address the very real legal and ethical dilemmas that arise in situations like the one of Marie McDonough Larson and her family. Five groups joined forces to sponsor the Conference: the Borchard Foundation Center on Law and Aging; the Alzheimer's Association; the American Bar Association's Commission on Legal Problems of the Elderly; the National Academy of Elder Law Attorneys; and the University of Georgia School of Law. Held at the Center for Continuing Education at the University of Georgia ...


Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii Jan 2001

Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii

Scholarly Works

While scholars espousing ideological explanations have noted the correlation between the intellectual trends of the New Deal and International Shoe, they have not demonstrated the strength of this connection. Some merely assert that ideology caused International Shoe,12 while others point to only very general similarities between International Shoe and the ideology of the age.' 3 This Article attempts to strengthen the ideological explanation by examining closely the intellectual context of International Shoe. That examination reveals that the decision did not result simply from the expansion of interstate business or the inherent weakness of the Pennoyer system. Instead, International Shoe ...


Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann Jan 2001

Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann

Scholarly Works

In a unique proposal to the United Nations Security Council, U.N. Secretary-General Kofi Annan recommended that a Juvenile Chamber of the Special Court have authority to try defendants as young as fifteen. The plan sparked immediate controversy. Sierra Leoneans wanted the worst perpetrators punished regardless of age, while human rights organizations argued that juvenile prosecutions would weaken rehabilitative efforts. The Security Council subsequently diluted the proposal; nevertheless, it merits examination, given the increasing use, in Africa and around the world, of children in combat.