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2014

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Articles 1 - 26 of 26

Full-Text Articles in Law

Trade Secret Fair Use, Deepa Varadarajan Dec 2014

Trade Secret Fair Use, Deepa Varadarajan

Faculty Publications By Year

Trade secret law arose to help companies protect confidential information (e.g., the Coca-Cola formula) from competitors seeking to copy their innovative efforts. But companies increasingly use trade secret law to block a wide swath of information from the scrutinizing eyes of consumers, public watchdog groups, and potential improvers. Companies can do this, in part, because trade secret law lacks clear limiting doctrines that consider the social benefits of unauthorized use. For example, trade secret law makes no allowance for the departing employee that uses proprietary information to create a substantially improved product or disclose public health risks.

This Article ...


Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbullying Laws, Emily F. Suski Oct 2014

Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbullying Laws, Emily F. Suski

Faculty Publications By Year

For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This ...


Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito Oct 2014

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito

Faculty Publications By Year

More than a half-century after the Civil Rights Era, people of color remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution’s guarantee of equal protection remain elusive. This article argues that the “racial realism” advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative’s depiction of the United States as a “nation of immigrants” with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not exist without ...


Snapshots From New Orleans' Long-Term Recovery-- Katrina At 9, John T. Marshall Aug 2014

Snapshots From New Orleans' Long-Term Recovery-- Katrina At 9, John T. Marshall

Faculty Publications By Year

No abstract provided.


Personal Is Political For Roberts Court, Eric J. Segall Jul 2014

Personal Is Political For Roberts Court, Eric J. Segall

Faculty Publications By Year

No abstract provided.


When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo Jul 2014

When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo

Faculty Publications By Year

James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back ...


Georgia Legal Research - Secondary Source Materials, Deborah Schander, Austin Martin Williams, Ronald E. Wheeler, Terrance Manion, Nancy P. Johnson Jun 2014

Georgia Legal Research - Secondary Source Materials, Deborah Schander, Austin Martin Williams, Ronald E. Wheeler, Terrance Manion, Nancy P. Johnson

Faculty Publications By Year

No abstract provided.


Market Your Library: How To Create A Library Marketing Committee, Deborah Schander Apr 2014

Market Your Library: How To Create A Library Marketing Committee, Deborah Schander

Faculty Publications By Year

No abstract provided.


International Clinical Legal Education Perspectives: How Teaching Abroad Makes Us Better Clinicians, Lisa Radtke Bliss Apr 2014

International Clinical Legal Education Perspectives: How Teaching Abroad Makes Us Better Clinicians, Lisa Radtke Bliss

Faculty Publications By Year

No abstract provided.


Of Secrecy And Punishment, Lauren Sudeall Lucas Mar 2014

Of Secrecy And Punishment, Lauren Sudeall Lucas

Faculty Publications By Year

No abstract provided.


Georgia Library Spotlight - Georgia State University College Of Law Library, Austin Martin Williams Mar 2014

Georgia Library Spotlight - Georgia State University College Of Law Library, Austin Martin Williams

Faculty Publications By Year

No abstract provided.


Georgia State University College Of Law Library, Atlanta, Ga, Austin Martin Williams Feb 2014

Georgia State University College Of Law Library, Atlanta, Ga, Austin Martin Williams

Faculty Publications By Year

No abstract provided.


Joint Works Under United States Copyright Law: Judicial Legislation Through Statutory Misinterpretation, Michael B. Landau Jan 2014

Joint Works Under United States Copyright Law: Judicial Legislation Through Statutory Misinterpretation, Michael B. Landau

Faculty Publications By Year

No abstract provided.


Life And Legal Fiction: Reflections On Margaret Montoya's Máscaras, Trenzas, Y Greñas, Natsu Taylor Saito Jan 2014

Life And Legal Fiction: Reflections On Margaret Montoya's Máscaras, Trenzas, Y Greñas, Natsu Taylor Saito

Faculty Publications By Year

This essay is based on a presentation made as part of “Un/Masking Power: The Past, Present, and Future of Marginal Identities in Legal Academia,” a symposium sponsored by the UCLA Chicana/o-Latina/o Law Review, April 5, 2013.


The Constitution According To Justices Scalia And Thomas: Alive And Kickin', Eric J. Segall Jan 2014

The Constitution According To Justices Scalia And Thomas: Alive And Kickin', Eric J. Segall

Faculty Publications By Year

No abstract provided.


Lessons Learned From Teaching Clinical Legal Education In Thailand, Lisa Radtke Bliss Jan 2014

Lessons Learned From Teaching Clinical Legal Education In Thailand, Lisa Radtke Bliss

Faculty Publications By Year

All around the globe, legal educators, law students, consumers of legal services and others in the legal community are debating reforms to legal education, prompted by external demands on the profession, the need for law graduates to be competent in rapidly developing areas of law, and changes in practice due to globalization and technology. The drum beat for change is familiar by now in the United States, with a renewed interest in curricular reform that seeks to balance teaching students foundational legal knowledge with important lawyering skills and professional values. In Asia, in particular, globalization, economic growth and development, funding ...


A Market For Tax Compliance, W Edward Afield Jan 2014

A Market For Tax Compliance, W Edward Afield

Faculty Publications By Year

It is becoming increasingly clear that, due to political realities and budgetary constraints, the IRS is going to have to attempt to enforce the tax laws by doing more with less. Current enforcement efforts have yielded a tax gap (i.e., the difference between the amount of taxes that should be paid and the amount that are collected) of roughly $450 billion annually. Faced with this task, one of the steps that the IRS has recently taken is to try to improve the quality in services performed by paid tax preparers, a group that historically has been subject to little ...


Gift Horses, Choosy Beggars, And Other Reflections On The Role And Utility Of Social Enterprise Law, Cassady V. Brewer Jan 2014

Gift Horses, Choosy Beggars, And Other Reflections On The Role And Utility Of Social Enterprise Law, Cassady V. Brewer

Faculty Publications By Year

The U.S. law of social enterprise is growing rapidly. Since 2008, one-half of all U.S. states have modified their business law to establish special legal forms designed for social enterprise. Meanwhile, even with twenty-five states adopting special laws for social enterprise, the legal debate surrounding social enterprise continues. Rather than rehashing that debate, this essay sets forth the author’s personal perspective on the role and utility of social enterprise. The essay argues that, except in limited circumstances, social enterprise is superior to traditional philanthropy when it comes to solving longstanding humanitarian or environmental problems. U.S. business ...


Health And Human Rights, Jonathan Todres Jan 2014

Health And Human Rights, Jonathan Todres

Faculty Publications By Year

No abstract provided.


Bottom Up Workplace Law Enforcement: An Empirical Analysis, Charlotte S. Alexander, Arthi Prasad Jan 2014

Bottom Up Workplace Law Enforcement: An Empirical Analysis, Charlotte S. Alexander, Arthi Prasad

Faculty Publications By Year

This article presents an original analysis of newly-available data from a landmark survey of 4,387 low-wage, front-line workers in the three largest U.S. cities. We analyze data on worker claims, retaliation, and legal knowledge to investigate what we call “bottom up” workplace law enforcement, or the reliance of many labor and employment laws on workers themselves to enforce their rights. We conclude that bottom up workplace law enforcement may fail to protect the workers who are most vulnerable to workplace rights violations, as they often lack the legal knowledge and incentives to complain that are prerequisites for enforcement ...


Shadow Dwellers: The Underregulated World Of State And Local Dna Databases, Stephen Mercer, Jessica D. Gabel Jan 2014

Shadow Dwellers: The Underregulated World Of State And Local Dna Databases, Stephen Mercer, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.


Abolishing Jailhouse Snitch Testimony, Russell D. Covey Jan 2014

Abolishing Jailhouse Snitch Testimony, Russell D. Covey

Faculty Publications By Year

Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial reduction of criminal charges against them or of the time they are required to serve. At the same time, false snitch testimony is difficult, if not altogether impossible, for criminal defendants to impeach. Because such testimony usually pits the word of two individuals against one another, both of whose credibility is suspect, jurors have little ability to accurately or effectively assess or weigh the evidence ...


Undoing Race? Reconciling Multiracial Identity With Equal Protection, Lauren Sudeall Lucas Jan 2014

Undoing Race? Reconciling Multiracial Identity With Equal Protection, Lauren Sudeall Lucas

Faculty Publications By Year

The number of multiracial individuals in America, many of whom define their racial identity in different ways, has grown dramatically in recent years and continues to increase. From this demographic shift a movement seeking unique racial status for multiracial individuals has emerged. The multiracial movement is distinguishable from other race-based movements in that it is primarily driven by identity rather than the quest for political, social, or economic equality. It is not clear how equal protection doctrine, which is concerned primarily with state-created racial classifications, will or should accommodate multiracialism. Nor is it clear how to best reconcile the recognition ...


Weathering Nepa Review: Superstorms And Super Slow Urban Recovery, John Travis Marshall Jan 2014

Weathering Nepa Review: Superstorms And Super Slow Urban Recovery, John Travis Marshall

Faculty Publications By Year

Delays in implementing long-term neighborhood housing recovery measures following urban disasters profoundly disrupt a city's revitalization and resurgence. Following recent large-scale urban disasters, some blame the National Environmental Policy Act environmental and historical review requirement for greatly slowing the long-term recovery process. They claim that the National Environmental Policy Act review is ill suited for the exigencies of disasters. Finding effective ways to advance urban disaster recovery as quickly as possible, while not compromising key environmental quality objectives, is a central challenge to implementing effective post-disaster recovery plans. This Article addresses how best to balance necessary regulation with critical ...


Teaching Llcs By Design, Anne M. Tucker Jan 2014

Teaching Llcs By Design, Anne M. Tucker

Faculty Publications By Year

Experiential learning is intended to contextualize studying the law and equip students with lawyering skills required in practice. “Experiential education integrates theory and practice by combining academic inquiry with actual experience.” From a pedagogical perspective, LLC-based experiential exercises provide an efficient vehicle to teach the traditional doctrinal foundation of LLCs such as the unique attributes of the entity i.e., limited liability with pass-through taxation and flexible management structures), the default statutory rules that govern LLCs, and a host of transactional skills.

Teaching unincorporated business entities, particularly LLCs, presents a unique platform to design a course — or a course element ...


Ethics Consultations And Conflict Engagement In Health Care, Charity Scott Jan 2014

Ethics Consultations And Conflict Engagement In Health Care, Charity Scott

Faculty Publications By Year

This article explores the intersection of two professional fields - bioethics and clinical ethics consultation in health care on one hand, and alternative dispute resolution ("ADR") and conflict management on the other - which until recent years remained relatively unknown to each other. It marries the literatures and lessons of these two fields in order to promote the quality of ethics consultations in hospitals and other health care organizations. * Increasingly, health care ethics committees and consultants acknowledge the need to employ the frameworks, approaches, and tools of good conflict management to do their work effectively. Similarly, conflict specialists and ADR professionals are ...