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Mergers And Acquisitions In Europe: Analysis Of Ec Competition Regulations, Youngjun Lee

LLM Theses and Essays

This paper analyzes three competition regulations in the European Community—article 85 and 86 of the EC Treaty and the EC Merger Regulation. Specifically, article 85 focuses on the market structure and article 86 focuses on the market dominance. The paper explores the Merger Regulation, its objectives and its scope. The amendment to the Merger Regulation extending its scope to include smaller-scale mergers and cooperative joint ventures is explained. The paper concludes with the extraterritoriality of the EC competition regulations.

Open Letter Concerning The Invitation To Justice Clarence Thomas To Speak At The Uga School Of Law Graduation Ceremony, Donald E. Wilkes Jr.

Popular Media

Dear Colleagues, Law Students, and Other Members of the Law School Community:

On Monday, November 25, 2002, the law faculty of the University of Georgia School of Law received a memorandum from Dean David Shipley which begins as follows: "I am pleased to announce that Justice Clarence Thomas has accepted the invitation extended by me, Class of 2003 President Josh Belinfante, Class of 2003 Vice President Megan Jones, and Class of 2004 Vice President Rebecca Franklin to be our graduation speaker on May 17, 2003."

The decision to invite Justice Thomas is appalling, unwise and perverse -- the embodiment of …

Grade Distribution - 2002 - 2003 Academic Year, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Race And The Georgia Courts: Implications Of The Georgia Public Trust And Confidence Survey For Batson V. Kentucky And Its Progeny, George W. Dougherty, Randy Beck, Mark D. Bradbury

Scholarly Works

Put simply, there is a perception among many Georgians that the court system treats minorities worse than whites. This Essay considers implications of the Georgia findings for a line of United States Supreme Court decisions designed to prevent racial discrimination by trial lawyers in the selection of trial juries.

What's Wrong With Eldred? An Essay On Copyright Jurisprudence, L. Ray Patterson

Scholarly Works

With few exceptions, the U.S. Supreme Court has rendered wise copyright decisions consistent with the Copyright Clause. Unfortunately, Eldred v. Ashcroft adds to the exceptions. The difference is that the former are positive law, and the latter natural law, decisions.

Racial Discrimination In Jury Selection: Professional Misconduct, Not Legitimate Advocacy, Lonnie T. Brown, Jr.

Scholarly Works

This Article examines the paradox between the adversary and disciplinary systems' outward condemnation of discrimination in jury selection and their apparent simultaneous inward acceptance of such conduct as legitimate advocacy.

Misreading A Canonical Work: An Analysis Of Mansfield's 1994 Study, Paul J. Heald

Scholarly Works

It would be hard to overestimate the influence of Edwin Mansfield's 1994 empirical study for the International Finance Corporation (an arm of the World Bank) of American business executives' attitudes toward low levels of intellectual property protection in developing nations. His paper is ubiquitously cited for the proposition that if developing countries raise their level of intellectual property protection (especially patents), they will attract foreign investment and technology transfer. In the spirit of the honoree of this symposium, I take a skeptical new look at a canonical work and conclude that the developing world should be very suspicious of the …

Class Schedule - Spring 2003, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Technological Advances Leading To The Diminishing Of Privacy Rights, Anabelle Maria D'Souza

LLM Theses and Essays

The Purpose of this thesis is to bring about the awareness of the importance of privacy in our lives. Privacy is an essential element of a free society without which individuals would lose the ability to interact with one another in private. With the advancement in police surveillance technology there is a clash between an individuals right to keep a secret and the State’s power to penetrate that secret. State of the art technologies such as the financial crimes enforcement network, wearable computing and surveillance cameras are some of the latest devices invading privacy. These technological advances have become so …

Joseph Henry Lumpkin Inn Of Court Team Members 2003-2004, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

National Order Of Barristers 2003, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

Mock Trial Team Members 2003-2004, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

Free Movement Of Goods: A Comparative Analysis Of The European Community Treaty And The North American Free Trade Agreement, Pedro A. Perichart

LLM Theses and Essays

The European Union is currently an economic union, which means that it has almost removed every internal barrier to trade, therefore achieving the free circulation of all factors of production (goods, services, capital, and persons) across the union. The North America Free Trade Agreement (NAFTA) establishes a free trade area, with the main purpose of eliminating tariffs among its members, and to some extent, reducing other non-tariff barriers to facilitate the cross-border movement of goods. Despite their difference, both regions seek to achieve a certain degree of free movement when trading goods within their respective e internal markets. This study …

No. 2 - The Dean Rusk Lectures At The Dean Rusk Center, Eric Stein, Louis Henkin, Abiodun Williams, Manuel Medina Ortega, Gabriel M. Wilner

Occasional Papers Series

The papers delivered by the four distinguished scholars form the content of this second Dean Rusk Center Occasional Paper. Issues of legitimacy-democracy in the activities of integrated international and supranational organizations are dealt with in the first paper by Professor Eric Stein. Professor Louis Henkin offers incisive comparisons and contrasts on the nature and sources of human rights in international law and rights under the Constitution of the United States. The central role of the United Nations in peace operations is explained in the paper by Mr. Abiodun Williams, the director of strategic planning for the office of the Secretary-General …

Legal Regulation Of The Effects Of Military Activity On The Environment, Daniel M. Bodansky

Scholarly Works

While in times of peace a growing number of multilateral environmental agreements serves to protect the environment, existing international law affords only very limited protection against the threats of war to the environment. This is the finding of a study by Prof. Daniel Bodansky, University of Georgia, USA on behalf of the German Federal Environmental Agency (Umweltbundesamt) which reviews the adequacy of the law of war and of the general principles of international law to protect the environment. At present international law leaves nation states with a wide degree of discretion to justify environmental harm caused by acts of war.

The Bitter Has Some Sweet: Potential Antitrust Enforcement Benefit From Patent Law's Procedural Rules, Joseph S. Miller

Scholarly Works

No abstract provided.

Assessing International Criminal Adjudication Of Human Rights Atrocities, Diane Marie Amann

Scholarly Works

These remarks were presented on January 5, 2001, as part of a panel on international criminal adjudication at a conference entitled "Into the 21st Century: Reconstruction and Reparations" in Cape Town, South Africa.

The United States joined a number of countries that rushed to sign the treaty to establish the International Criminal Court. They included states like Yemen, Iran, and Israel. These three, along with the United States, were among the few that had refused to vote in favor of the treaty when it was adopted at a diplomatic conference in Rome in 1998. By the end of 2000, 139 …

Proximate Cause And The American Law Institute: The False Choice Between The "Direct Consequences" Test And The "Risk Standard", Michael Wells

Scholarly Works

This article takes a new look at an old problem that lies at the heart of tort law: How does one define the scope of liability when a negligent actor causes unforeseeable harm? This topic once drew the attention of such legal giants as Benjamin Cardozo, Robert Keeton, and William Prosser. Today it seems largely forgotten, except for a class or two in first year torts courses.

The occasion for examining the unforeseeable harm issue is the proposed revision of the Restatement (Third) of Torts by the American Law Institute ("ALI"). In a tentative draft of portions of the Restatement …

Adult Guardianship In Georgia: Are The Rights Of Proposed Wards Being Protected? Can We Tell?, Eleanor Crosby Lanier

Scholarly Works

National scrutiny of guardianship policies and practice by scholars and legal, health, and social service practitioners followed. This resulted in a succession of forums, studies, and recommendations aimed at improving the guardianship system. One such forum was the Wingspread conference, convened by the American Bar Association (ABA) in 1988. Experts from a variety of fields met to produce a groundbreaking set of recommendations for reforming guardianship. Wingspan, a second national guardianship conference addressing reform issues in 2001, produced in a second series of recommendations. The recommendations from these two conferences proposed greater protection for the proposed ward's liberty interests and …

The Diligent Prosecution Bar To Citizen Suits: The Search For Adequate Representation, Peter A. Appel

Scholarly Works

To ensure that citizen suits assist but do not replace or overshadow government enforcement actions, all environmental statutes which authorize citizen suits bar such suits in certain circumstances. This short Article examines the relatively narrow but important problems created by one such bar, namely the statutory bar on a citizen suit if the federal or state government is “diligently prosecuting” an action against the same violator. The requirement that a governmental prosecution be diligent protects against two types of undesirable situations. On the one hand, the diligent prosecution bar prevents citizens from bringing simple “me too” actions. One would not …

Lightening The Load: In The Georgia Supreme Court, R. Perry Sentell Jr.

Scholarly Works

The Supreme Court of Georgia enjoys legendary status in perpetuating both "law" and "justice" for the citizens it serves. It functions as an institution of rich tradition, and it operates from a perspective of historic proportions. The court's heritage exudes a profusion of shaping facets, facets coalescing to yield an indelible profiles of Georgia's juristic content. That profile reflects such characteristics as the court's authoritative underpinnings: the legends of judicial fame to whom the court periodically returns for lessons of wisdom. Other distinctions focus upon the court's output: the per curiam opinion, for example, constitutes an expressive peculiarity of historical …

The Heart Of Federalism: Pretext Review Of Means-End Relationships, J. Randy Beck

Scholarly Works

Section I of this article seeks to correct a common scholarly misconception regarding the sort of pretext review envisioned by McCulloch v. Maryland. All students of McCulloch understand the decision to call for judicial review of the means-end relationship underlying a federal statute. But McCulloch also indicated that the Court would strike down legislation "should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government." Various constitutional scholars construe this pretext passage to contemplate a second inquiry--separate from the Court's scrutiny of means-end relationships--into whether the legislative motive behind a …

Arbitration And The Administrative State, Rebecca H. White

Scholarly Works

Two important doctrinal developments of the 1980s--judicial deference to agency interpretations of statutes and the enforceability of predispute agreements to arbitrate statutory claims--individually have received considerable attention from courts and commentators. However, the interplay between these two doctrinal strands has gone largely unnoticed. This Article recognizes that both strands have something important in common--each upholds statutory interpretation by entities which the Chevron doctrine, in which the Court held that statutory silence or ambiguity may serve as an implied delegation of interpretative authority to administrative agencies, applies in the context of arbitration of statutory claims. It considers whether an understanding of …

Foreword: Symposium--Ethics 2000 And Beyond: Reform Or Professional Responsibility As Usual, Lonnie T. Brown, Jr.

Scholarly Works

The topic of this Symposium -- Ethics 2000 and Beyond: Reform or Professional Responsibility as Usual? -- is one that likely does not immediately resonate with many other than professional responsibility teachers and scholars. It is, however, a subject of critical importance to all existing and future members of the legal profession. This was true at the time that the Symposium was conducted in the spring of 2002, and it is even truer today in light of ever-growing concerns with regard to the ethical duties of lawyers, particularly those who represent corporate clients believed or known to be involved in …

The New Economic Credentialing: Protecting Hospitals From Competition By Medical Staff Members, Elizabeth Weeks

Scholarly Works

This Article addresses hospitals' use of economic criteria to determine a physician's qualifications for staff privileges. Hospitals are resorting to economic conflict-of-interest credentialing policies in an attempt to ensure physicians' loyalty and mantain their own economic viability. Physicians, however, argue that entrepenurial activities are necessary for them to meet the economic challenges posed by declining reimbursement and rising insurance costs. This Article surveys the numerous legal theories that litigants and enforcement authorities could employ in attacking these new types of credentialing policies. The Article concludes that, in most jurisdictions, hospitals should be able to implement their policies in ways that …