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2016

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Full-Text Articles in Law

Marquetta Carzell Et Al., Order On Defendants' Motion To Dismiss, Or In The Alternative For Judgment On The Pleadings, John J. Goger Dec 2016

Marquetta Carzell Et Al., Order On Defendants' Motion To Dismiss, Or In The Alternative For Judgment On The Pleadings, John J. Goger

Georgia Business Court Opinions

No abstract provided.


The Challenge Of Regulatory Excellence, Cary Coglianese Dec 2016

The Challenge Of Regulatory Excellence, Cary Coglianese

All Faculty Scholarship

Regulation is a high-stakes enterprise marked by tremendous challenges and relentless public pressure. Regulators are expected to protect the public from harms associated with economic activity and technological change without unduly impeding economic growth or efficiency. Regulators today also face new demands, such as adapting to rapidly changing and complex financial instruments, the emergence of the sharing economy, and the potential hazards of synthetic biology and other innovations. Faced with these challenges, regulators need a lodestar for what constitutes high-quality regulation and guidance on how to improve their organizations’ performance. In the book Achieving Regulatory Excellence, leading regulatory experts …


Purchasing Power, Llc Order On Bluestem Brands, Inc.'S Motion To Dismiss The Tortious Interference And Unjust Enrichment Claims And Plaintiff's Cross-Motion To Strike References To Vacated Summary Judgment Order, Melvin K. Westmoreland Dec 2016

Purchasing Power, Llc Order On Bluestem Brands, Inc.'S Motion To Dismiss The Tortious Interference And Unjust Enrichment Claims And Plaintiff's Cross-Motion To Strike References To Vacated Summary Judgment Order, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Qualitative Collective Case Study Of Targeted Violence Preparedness At Institutions Of Higher Education, Tim Gunter Dec 2016

Qualitative Collective Case Study Of Targeted Violence Preparedness At Institutions Of Higher Education, Tim Gunter

Doctoral Dissertations and Projects

An increase in targeted violence incidents (TVIs), primarily active shooter events, at institutions of higher education (IHEs) has exposed gaps in campus security plan preparation and exercises. The purpose of this qualitative collective case study was to discover barriers to and best practices of universities and colleges conducting security preparedness activities for TVIs. The theory that guided this study was vested interest theory which predicts how attitudes will influence behavior in a commitment to preparedness fundamentals. The setting for this study was two institutions of higher education along the East Coast of the United States. Data collection techniques included site …


Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen Dec 2016

Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen

All Faculty Scholarship

Big Data is the vast quantities of information amenable to large-scale collection, storage, and analysis. Using such data, companies and researchers can deploy complex algorithms and artificial intelligence technologies to reveal otherwise unascertained patterns, links, behaviors, trends, identities, and practical knowledge. The information that comprises Big Data arises from government and business practices, consumer transactions, and the digital applications sometimes referred to as the “Internet of Things.” Individuals invisibly contribute to Big Data whenever they live digital lifestyles or otherwise participate in the digital economy, such as when they shop with a credit card, get treated at a hospital, apply …


Dong Feng Fang Et Al. Order Denying Plaintiffs' Motion For Partial Summary Judgment As To Liability And Compensatory Damages, Melvin K. Westmoreland Nov 2016

Dong Feng Fang Et Al. Order Denying Plaintiffs' Motion For Partial Summary Judgment As To Liability And Compensatory Damages, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Private Lawmaking In Commercial Cyberspace, Eliza Mik Nov 2016

Private Lawmaking In Commercial Cyberspace, Eliza Mik

Research Collection Yong Pung How School Of Law

No discussion of “Law and Technology” would be complete without at least one essay centred on the Internet. While the Internet no longer captures our imagination with the same force as it did 20 years ago, we cannot assume that it no longer creates (or perpetuates?) multiple legal problems. When we talk about the Internet we must, however, refrain from the popular “Internet metanarrative” that often leads to superficial arguments and unhelpful generalisations.1 We must always remain aware of the multiplicity of the Internet’s technical applications and the wide range of legal contexts in which the term gains significance. Discussing …


Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt, John J. Goger Oct 2016

Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Initiative And Referendum: A Maine Odyssey, Charles A. Scontras Oct 2016

Initiative And Referendum: A Maine Odyssey, Charles A. Scontras

Bureau of Labor Education

Maine is no stranger to the nation’s battles involving the development of the tools of direct democracy and how to use them. Since the citizen initiative and referendum were passed in late 1908, Mainers have used “the power of the people” to vote directly on many laws, bypassing the Legislature. Now, after more than 100 years in use, the initiative process may be facing a test: Gov. Paul LePage is preparing blueprints to use the initiative in an attempt to change the state’s welfare system and reduce the income tax — victories denied to him in the Legislature. It’s a …


Equitrade International, Inc. Et Al., Order, John J. Goger Oct 2016

Equitrade International, Inc. Et Al., Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Runzhou Zhang Et Al., Final Order And Judgment, Melvin K. Westmoreland Oct 2016

Runzhou Zhang Et Al., Final Order And Judgment, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Violating Of Individual Privacy: Moroccan Perceptions Of The Ban Of Voip Services, Tyler Delhees Oct 2016

Violating Of Individual Privacy: Moroccan Perceptions Of The Ban Of Voip Services, Tyler Delhees

Independent Study Project (ISP) Collection

On January 6, 2016, the Moroccan telecommunications regulatory agency, the ANRT, announced a ban onVoice Over Internet Protocol(VoIP) calling services such as Skype, WhatsApp, and Viber. The ban triggered sweeping opposition among the Moroccan public, opening discussion of digital rights, censorship, and Internet governance. Considering liberal democratic rights in the 2011 Moroccan Constitution and a history of censorship, this study analyzes the official justification of the ANRT alongside additional explanations involving business interests and the security services. The purpose of this study is to gauge the perceptions of Moroccans on the decision of the ANRT and provide a holistic explanation. …


Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow Oct 2016

Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow

Law Faculty Scholarship

[Excerpt] "Inventors pursue patents and authors receive copyrights.

No special education is required for either endeavor, and nothing

precludes a person from being both an author and an inventor.

Inventors working on patentable industrial projects geared

toward commercial exploitation tend to be scientists or engineers.

Authors, with the exception of those writing computer code, tend

to be educated or trained in the creative arts, such as visual art,

performance art, music, dance, acting, creative writing, film

making, and architectural drawing. There is a well-warranted

societal supposition that most of the inventors of patentable

inventions are male. Assumptions about the genders …


Digital Self-Ownership: A Publicity-Rights Framework For Determining Employee Social Media Rights, Susan Park, Patricia Sánchez Abril Oct 2016

Digital Self-Ownership: A Publicity-Rights Framework For Determining Employee Social Media Rights, Susan Park, Patricia Sánchez Abril

Management Faculty Publications and Presentations

Imagine an upandcoming company hires you as one of its first employees. Passionate about your employer, you put in long hours doing everything from marketing to accounting to event planning. You are also proud of your employer's product, so you begin to publicize it to your friends through your social network accounts. (In fact, the company's founder is also one of your Facebook friends.) You tell your friends about the product launch, invite them to marketing events, and eventually blog about your industry, amassing a significant social media following while creating buzz about your employer. But one day, during layoffs …


Uas Investments Llc Order On Uas Investments, Llc's Motion To Compel, Elizabeth E. Long Sep 2016

Uas Investments Llc Order On Uas Investments, Llc's Motion To Compel, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Tin Star Development Llc Order On Motion To Partially Quash The Subpoena Directed To Community Bank Of The South, John J. Goger Sep 2016

Tin Star Development Llc Order On Motion To Partially Quash The Subpoena Directed To Community Bank Of The South, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Contextual Healing: What To Do About Scandalous Trademarks And Lanham Act 2(A), Megan M. Carpenter Sep 2016

Contextual Healing: What To Do About Scandalous Trademarks And Lanham Act 2(A), Megan M. Carpenter

Law Faculty Scholarship

Offensive trademarks have come to the forefront of trademark policy and practice in recent years. While it was once true that more attention had been paid to Lanham Act section 2(a) in the pages of law reviews than in the courts, recent prominent cases have focused attention on the ban on registration of offensive marks and the widespread impact of this ban on trademark owners.

In this Article, I answer the fundamental question: Given the problems that my previous research has identified, what should be done about the 2(a) bar on registration of scandalous trademarks? This Article argues, as a …


Shaping The Agenda 1: Exploring The Competencies, Skills And Behaviours Of Effective Workplace Mediators, Brian M. Barry, Margaret Bouchier, Alec Coakley, Deirdre Curran, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Kokaylo, Louisa Meehan, Genevieve Murray Sep 2016

Shaping The Agenda 1: Exploring The Competencies, Skills And Behaviours Of Effective Workplace Mediators, Brian M. Barry, Margaret Bouchier, Alec Coakley, Deirdre Curran, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Kokaylo, Louisa Meehan, Genevieve Murray

Reports

This report outlines what is currently known about workplace mediation: its benefits, styles and strategies, its expected outcomes and training challenges. It also identifies an urgent requirement for Irish research in light of the increased promotion of mediation at state level in Ireland. It outlines some international experiences of the difficulties faced in balancing high quality accreditation and regulation with innovation and growth.


Shaping The Agenda 2: Implications For Workplace Mediation Training, Standards And Practice In Ireland, Brian M. Barry, Margaret Bouchier, Alec Coakley, Deirdre Curran Dr, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Meehan, Louisa Meehan, Genevieve Murray Sep 2016

Shaping The Agenda 2: Implications For Workplace Mediation Training, Standards And Practice In Ireland, Brian M. Barry, Margaret Bouchier, Alec Coakley, Deirdre Curran Dr, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Meehan, Louisa Meehan, Genevieve Murray

Reports

The Report and its sister report, Shaping the Agenda 1, give a fascinating insight into the world of workplace mediation in Ireland and abroad. It identifies key issues in relation to mediator skills, competencies and behaviours in this sector of mediation. Of enormous significance is the application of this research to the Irish context and specifically to the setting and maintenance of standards of training and practice in relation to workplace mediation. This work has put the MII, as the professional association for mediators in Ireland, in a position to build standards and policies on solid, detailed and considered research, …


Small Business Policy Index Traction And Movement In Rankings Of States Update: 2000 To 2016, Pradip K. Shukla, Monica P. Shukla Sep 2016

Small Business Policy Index Traction And Movement In Rankings Of States Update: 2000 To 2016, Pradip K. Shukla, Monica P. Shukla

Business Faculty Articles and Research

Given the volatile economic climate faced in the United States and globally since 2015, there is a desire by politicians in 2016 to increase state economic and business growth. As small businesses are the main driver of business growth in state economies, focus is placed upon the policy environment of a state to encourage state level growth in entrepreneurial activities aimed at small business creation and survival.

The Small Business and Entrepreneurship Council an advocacy and research organization dedicated to protecting small business and promoting entrepreneurship has annually prepared a “Small Business Policy Index” that ranks states according to some …


Robert L. Nix Order On Plaintiff Robert L. Nix's Motion For Partial Summary Judgment On All Of Defendant's Fraud And Misrepresentation Claims, John J. Goger Aug 2016

Robert L. Nix Order On Plaintiff Robert L. Nix's Motion For Partial Summary Judgment On All Of Defendant's Fraud And Misrepresentation Claims, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Suntrust Banks, Inc., Et Al., Order On Plaintiffs' Consolidated Motion To Compel Discovery, Alice D. Bonner Aug 2016

Suntrust Banks, Inc., Et Al., Order On Plaintiffs' Consolidated Motion To Compel Discovery, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Hedge Fund Activism, Poison Pills, And The Jurisprudence Of Threat, William W. Bratton Aug 2016

Hedge Fund Activism, Poison Pills, And The Jurisprudence Of Threat, William W. Bratton

All Faculty Scholarship

This chapter reviews the single high profile case in which twentieth century antitakeover law has come to bear on management defense against a twenty-first century activist challenge—the Delaware Court of Chancery’s decision to sustain a low-threshold poison pill deployed against an activist in Third Point LLC v. Ruprecht. The decision implicated an important policy question: whether a twentieth century doctrine keyed to hostile takeovers and control transfers appropriately can be brought to bear in a twenty-first century governance context in which the challenger eschews control transfer and instead makes aggressive use of the shareholder franchise. Resolution of the question …


Marguetta Carzell Et Al. Order On Motion To Add Party, John J. Goger Aug 2016

Marguetta Carzell Et Al. Order On Motion To Add Party, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Motion To Dissolve Claims Of Lien, John J. Goger Aug 2016

Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Motion To Dissolve Claims Of Lien, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Dong Feng Fang Et Al. Order On Heg Defendants' Motion For Judgment On The Pleadings, Melvin K. Westmoreland Aug 2016

Dong Feng Fang Et Al. Order On Heg Defendants' Motion For Judgment On The Pleadings, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Crispr Humans: Ethics At The Edge Of Science, Insoo Hyun Aug 2016

Crispr Humans: Ethics At The Edge Of Science, Insoo Hyun

Center for the Study of Ethics in Society Papers

No abstract provided.


The Wooden Doctrine: Basketball, Moral Character, And The Successful Life, Janelle Dewitt Aug 2016

The Wooden Doctrine: Basketball, Moral Character, And The Successful Life, Janelle Dewitt

Center for the Study of Ethics in Society Papers

No abstract provided.


Michael Miller, Order On Plaintiff's Motion For Summary Judgment, Elizabeth E. Long Jul 2016

Michael Miller, Order On Plaintiff's Motion For Summary Judgment, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Michael Miller, Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long Jul 2016

Michael Miller, Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.