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Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson 2015 SelectedWorks

Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...


Unreasonable Doubt: Warren Hill, Aedpa, And The Unconstitutionality Of Georgia's Reasonable Doubt Standard, Adam Lamparello 2015 SelectedWorks

Unreasonable Doubt: Warren Hill, Aedpa, And The Unconstitutionality Of Georgia's Reasonable Doubt Standard, Adam Lamparello

Adam Lamparello

Georgia’s “beyond a reasonable doubt” standard for determining intellectual disability has led to an absurd—and arbitrary—result. A Georgia state court held that defendant Warren Hill was intellectually disabled, yet still sentenced Hill to death. Seven experts—and the court—deemed Hill disabled under a preponderance of the evidence standard. He remains on death row, however, because Georgia’s “preposterous burden of proof” requires that intellectual disability be proved beyond a reasonable doubt, a standard experts have said is nearly impossible to satisfy. It “effectively limits the constitutional right protected in Atkins,” and creates a conditional, not categorical ...


Talking Points, Alex Stein, Jef De Mot 2015 SelectedWorks

Talking Points, Alex Stein, Jef De Mot

Alex Stein

Our civil liability system affords numerous defenses against every single violation of the law. Against every single claim raised by the plaintiff, the defendant can assert two or more defenses each of which gives him an opportunity to win the case. As a result, when a court erroneously strikes out a meritorious defense, it might still keep the defendant out of harm’s way by granting him another defense. Rightful plaintiffs, on the other hand, must convince the court to deny each and every defense asserted by the defendant. Any rate of adjudicative errors—random and completely unbiased—consequently increases ...


All Together Now: Using Principles Of Group Dynamics To Train Better Jurors, Sara G. Gordon 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

All Together Now: Using Principles Of Group Dynamics To Train Better Jurors, Sara G. Gordon

Scholarly Works

We ask juries to make important decisions that have a profound impact on people’s lives. We leave these decisions in the hands of groups of laypeople because we hope that the diverse range of experiences and knowledge in the group will lead to more thoughtful and informed decisionmaking. Studies suggest that diverse groups of jurors have different perspectives on evidence, engage in more thorough debate, and more closely evaluate facts. At the same time, there are a variety of problems associated with group decisionmaking, from the loss of individual motivation in group settings, to the vulnerability of groups to ...


The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker 2014 SelectedWorks

The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker

Christopher J. Walker

Tax exceptionalism—the view that tax law does not have to play by the administrative law rules that govern the rest of the regulatory state—has come under attack in recent years. In 2011, the Supreme Court rejected such exceptionalism by holding that judicial review of the Treasury Department’s interpretations of the tax code is subject to the same Chevron deference regime that applies throughout the administrative state. The D.C. Circuit followed suit by rejecting the IRS’s position that its notices are not subject to judicial review under the Administrative Procedure Act (APA). This Article calls for ...


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson 2014 University of San Diego

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


A Comprehensive Administrative Solution To The Armed Career Criminal Act Debacle , Avi M. Kupfer 2014 University of Michigan Law School

A Comprehensive Administrative Solution To The Armed Career Criminal Act Debacle , Avi M. Kupfer

Michigan Law Review

For thirty years, the Armed Career Criminal Act (“ACCA”) has imposed a fifteen-year mandatory minimum sentence on those people convicted as felons in possession of a firearm or ammunition who have three prior convictions for a violent felony or serious drug offense. Debate about the law has existed mainly within a larger discussion on the normative value of mandatory minimums. Assuming that the ACCA endures, however, administering it will continue to be a challenge. The approach that courts use to determine whether past convictions qualify as ACCA predicate offenses creates ex ante uncertainty and the potential for intercourt disparities. Furthermore ...


Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield 2014 Pepperdine University

Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield

Pepperdine Dispute Resolution Law Journal

The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.


The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns 2014 Pepperdine University

The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns

Pepperdine Dispute Resolution Law Journal

This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.


International Norms In Constitutional Law, Michael Wells 2014 University of Georgia School of Law

International Norms In Constitutional Law, Michael Wells

Georgia Journal of International & Comparative Law

No abstract provided.


The Use Of International Sources In Constitutional Opinion, Daniel Bodansky 2014 University of Georgia School of Law

The Use Of International Sources In Constitutional Opinion, Daniel Bodansky

Georgia Journal of International & Comparative Law

No abstract provided.


Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla 2014 University of Georgia School of Law

Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla

Georgia Journal of International & Comparative Law

No abstract provided.


Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi 2014 Pepperdine University

Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi

Pepperdine Dispute Resolution Law Journal

After an introduction in chapter one, the second chapter of this article presents statistics regarding the phenomenon of domestic violence and presents the definition of “violence” (with its attendant difficulties). The third chapter presents the existing problems regarding the judicial handling of divorce cases in general and those involving violence in particular. The fourth chapter analyzes the academic discourse regarding the issue of mediation of divorce cases involving violence (the position of the proponents and the opponents, as well as the problems of the current situation). The fifth chapter proposes med-arb as addressing the issue of divorce mediation in the ...


Hall V. Florida: The Death Of Georgia's Beyond A Reasonable Doubt Standard, Adam Lamparello 2014 SelectedWorks

Hall V. Florida: The Death Of Georgia's Beyond A Reasonable Doubt Standard, Adam Lamparello

Adam Lamparello

Welcome: We’re Glad Georgia is On Your Mind.

Georgia is on many minds as Warren Hill prepares for a state court hearing to once again begin the process of trying to show that he is intellectually disabled. As Warren Hill continues to flirt with death, one must ask, is Georgia really going to execute someone that nine experts and a lower court twice found to be mentally retarded? The answer is yes, and the Georgia courts do not understand why we are scratching our heads. The answer is simple: executing an intellectually disabled man is akin to strapping a ...


A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis 2014 University of Georgia School of Law

A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Equality And The European Union, Elizabeth F. Defeis 2014 University of Georgia School of Law

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.


Hall V. Florida: The Death Of Georgia’S Beyond A Reasonable Doubt Standard, Adam Lamparello 2014 SelectedWorks

Hall V. Florida: The Death Of Georgia’S Beyond A Reasonable Doubt Standard, Adam Lamparello

Adam Lamparello

No abstract provided.


Rediscovering Congressional Intelligence Oversight: Is Another Church Committee Possible Without Frank Church?, Marc B. Langston 2014 SelectedWorks

Rediscovering Congressional Intelligence Oversight: Is Another Church Committee Possible Without Frank Church?, Marc B. Langston

Marc B. Langston

In 1975-76, the Church Committee challenged Americans’ perception of their government by uncovering and publicly releasing secret activities undertaken by the U.S. Government. U.S. Senator Frank Church’s leadership represents a model for congressional oversight and the Church Committee’s investigation and public hearings remain increasingly relevant in a new age of domestic surveillance. The attached article compares a historical model of congressional oversight and reform, as demonstrated by Senator Frank Church’s leadership as chairman of the Church Committee, with current oversight deficiencies that have induced a growing population of citizens to demand greater protections against government ...


Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts' Equality Jurisprudence, Eileen Kaufman 2014 University of Georgia School of Law

Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts' Equality Jurisprudence, Eileen Kaufman

Georgia Journal of International & Comparative Law

No abstract provided.


Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose 2014 University of Georgia School of Law

Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose

Georgia Journal of International & Comparative Law

No abstract provided.


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