Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (9)
- Constitutional Law (9)
- International Law (7)
- Legal Education (6)
- International Trade Law (5)
-
- Human Rights Law (4)
- Intellectual Property Law (4)
- Litigation (4)
- Commercial Law (3)
- Legal Ethics and Professional Responsibility (3)
- Tax Law (3)
- Torts (3)
- Civil Procedure (2)
- Courts (2)
- Criminal Law (2)
- European Law (2)
- Labor and Employment Law (2)
- Law and Society (2)
- Securities Law (2)
- Administrative Law (1)
- Antitrust and Trade Regulation (1)
- Business Organizations Law (1)
- Civil Rights and Discrimination (1)
- Communications Law (1)
- Criminal Procedure (1)
- Dispute Resolution and Arbitration (1)
- Elder Law (1)
- Environmental Law (1)
- Family Law (1)
- Keyword
-
- Constitutional Law (3)
- Foreign and Comparative Law (3)
- U.S. (3)
- Corporations (2)
- Human rights (2)
-
- Taxation - International (2)
- The U.S. (2)
- Transfer pricing (2)
- Ad hoc tribunal (1)
- Antitrust (1)
- Arm's length standard (1)
- Bush (1)
- Capital punishment (1)
- Charities (1)
- China (1)
- Civil Procedure (1)
- Civil procedure (1)
- Cl. 2. (1)
- Closing arguments (1)
- Colombia (1)
- Commercial Law (1)
- Competition (1)
- Concurrent jurisdiction (1)
- Constiutional Law (1)
- Copy right infringement (1)
- Copyright (1)
- Death penalty (1)
- Defense of Marriage Act (1)
- Delaware (1)
- Digital distribution (1)
Articles 1 - 30 of 46
Full-Text Articles in Law
Foreign Direct Investment In Colombia, Juliana Gomez
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 them. The standards …
Modernization Of European Community Competition Law, Alejandro Leon-Vargas
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 relevance …
Transfer Pricing: A Comparative Study Of The French And U.S. Legal Systems, Valerie Ciancia
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, many …
Corporate Distributions To Shareholders In Delaware And In Israel, Anat Urman
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 …
David Vs. Goliath (2001): An Analysis Of The Oecd Harmful Tax Competition Policy, Truman Butler
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. …
The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel
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 scholarship - …
Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2001-2002, Georgia Journal Of International And Comparative Law
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.
Student Organization Officers 2001-2002, Office Of Registrar
Student Organization Officers 2001-2002, Office Of Registrar
Materials from All Student Organizations
No abstract provided.
Class Schedule - Fall 2001, Office Of Registrar
Class Schedule - Fall 2001, Office Of Registrar
Semester Schedules and Information
No abstract provided.
Race To The Stars: A Federalism Argument For Leaving The Right Of Publicity In The Hands Of The States, Usha Rodrigues
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
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 better than nondeductibility, while Mr. Mogin disputes …
Moot Court Teams 2001-2002, Kellie Casey Monk
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
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 …
Restitching The American Quilt: Untangling Marriage From The Nuclear Family, Lisa Milot
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
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
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 to …
Grade Distribution - 2000- 2001 Academic Year, Office Of Registrar
Grade Distribution - 2000- 2001 Academic Year, Office Of Registrar
Semester Schedules and Information
No abstract provided.
Advocate, Spring 2001, Vol. 35, No. 2, Office Of Communications And Public Relations
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
Foreword: Symposium Re-Examining First Principles: Deterrence And Corrective Justice In Constitutional Torts, Thomas A. Eaton
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.
Corrective Justice And Constitutional Torts, Bernard P. Dauenhauer, Michael L. Wells
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 his article, …
Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael Wells
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 Court's …
Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann
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.
Whose Motive Matters? Discrimination In Multi-Actor Employment Decision Making, Rebecca H. White, Linda Hamilton Krieger
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 …
Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson
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 policy meant that …
Learning To Be A Lawyer: Transition Into Practice Pilot Project, Sally Evans Winkler, C. Ronald Ellington, John T. Marshall
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.
Outrageous Opponents: How To Stop Them In Closing Argument, Ronald L. Carlson, Michael S. Carlson
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 …
Uga School Of Law Computing Services Strategic Plan, 2001-2005, University Of Georgia School Of Law
Uga School Of Law Computing Services Strategic Plan, 2001-2005, University Of Georgia School Of Law
Strategic Plan Documents
Originally an HTML page on the old School of Law website, the Computing Services Department in 2000 crafted a thorough strategic planning document that included a mission, vision, values, description of the current environment and services, and an outline as well as extensive clarification of six goals with at least two objective for each goal. Although the footer of the HTML page suggests an origin date of 2001, the document itself was last edited in 2005. However, the author who provided this plan indicated the date was 2004.
Joseph Henry Lumpkin Inn Of Court Team Members 2001-2002, Kellie Casey Monk
Joseph Henry Lumpkin Inn Of Court Team Members 2001-2002, Kellie Casey Monk
Materials from All Student Organizations
No abstract provided.
Reforming China's Partnership Law: Achievements, Problems And Prospects, Hongbing Fan
Reforming China's Partnership Law: Achievements, Problems And Prospects, Hongbing Fan
LLM Theses and Essays
This thesis proposes some measures to reform China's partnership law after providing an overview of China's partnership development in a historical perspective. After a brief introduction in Part I, Part II reviews the historical development of partnerships since the founding of the People's Republic of China. Much emphasis is put on significant changes since 1978. Part III examines the basic structure and content of the present laws and regulations on partnership in China. Part V highlights the problems and limits facing China's partnership law. Measures are proposed in Part IV with detailed reference to the United States partnership law. As …
The Impact Of Modernization And Development On Muslim Women In Egypt: A Legal Perspective, Mazahir Muhammed Ata El-Sid
The Impact Of Modernization And Development On Muslim Women In Egypt: A Legal Perspective, Mazahir Muhammed Ata El-Sid
LLM Theses and Essays
This study examines the effectiveness of the modernization theory in Egypt, a developing Muslim society. As in the case of other developing societies, Egypt's modernization is uneven. Therefore, I will examine modernization as it relates to Muslim women in Egypt in as far as they vary in their exposure to the modernizing influences of advanced technology. Egypt has experienced a variety of social, judicial, economic, demographic, and political modifications. These changes have greatly affected Muslim women in Egypt and their family life. Not all of the issues underlying modernization will be addressed in this research. Type of family structure and …