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877 full-text articles. Page 1 of 18.

Georgia's Workers' Compensation Law: Are Limitations On Death Benefits To Foreign, Nonresident Dependents Constitutional? Barge-Wagener Constr. Co. V. Morales, Peter J. Diskin 2014 University of Georgia School of Law

Georgia's Workers' Compensation Law: Are Limitations On Death Benefits To Foreign, Nonresident Dependents Constitutional? Barge-Wagener Constr. Co. V. Morales, Peter J. Diskin

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

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 ...


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.


Citizenship In Red And Yellow: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany Berger 2014 SelectedWorks

Citizenship In Red And Yellow: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany Berger

Bethany Berger

American Indians and ethnic Chinese played outsized roles in the transformation of citizenship in the late nineteenth century, shaping debates and providing patterns as the geographic, racial, and ideological borders of citizenship hardened and the federal role and discretion in policing them expanded. Today, this transformation influences everything from the treatment of children of undocumented immigrants to tribal land, sovereign, and treaty rights to the status of U.S. island territories. This Article examines these changes and what they meant for the individuals and communities involved through the lenses of Elk v. Wilkins and United States v. Wong Kim Ark ...


Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale 2014 University of Georgia School of Law

Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale

Georgia Journal of International & Comparative Law

No abstract provided.


A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware 2014 University of Georgia School of Law

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.


Qualified Immunity And Statutory Interpretation, Ilan Wurman 2014 Seattle University School of Law

Qualified Immunity And Statutory Interpretation, Ilan Wurman

Seattle University Law Review

Before the 1989 case of Graham v. Connor, excessive force cases were pursued under either state law or the insuperable “shocks the conscience” test of the Fourteenth Amendment. Only after Graham did excessive force cases—now under the Fourth Amendment and 42 U.S.C. § 1983—inundate the federal courts, which had by then granted far-reaching immunities to officers for their constitutional torts. As a result of federal qualified immunity doctrine, which many states have adopted for themselves, excessive force cases rarely get to trial, plaintiffs often cannot recover, and courts struggle to find principled distinctions from one qualified immunity ...


Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley 2014 University of Georgia School of Law

Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley

Georgia Journal of International & Comparative Law

No abstract provided.


Section 7: Same-Sex Marriage, Institute of Bill of Rights Law at The College of William & Mary School of Law 2014 College of William & Mary Law School

Section 7: Same-Sex Marriage, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Why The Right To Elective Abortion Fails Casey’S Own Interest-Balancing Methodology – And Why It Matters, Stephen G. Gilles 2014 SelectedWorks

Why The Right To Elective Abortion Fails Casey’S Own Interest-Balancing Methodology – And Why It Matters, Stephen G. Gilles

Stephen G Gilles

Why the Right to Elective Abortion Fails Casey’s Own Interest-Balancing Methodology – and Why It Matters

Stephen G. Gilles

In Planned Parenthood v Casey, the Supreme Court reaffirmed the right to elective abortion before viability, but abandoned Roe v Wade’s characterization of it as a fundamental right that can be overcome only by a compelling state interest. Instead, Casey treats the right to elective abortion as grounded in an interest-balancing judgment that the woman’s liberty interest in terminating her pregnancy outweighs the state’s interest in protecting pre-viable fetal life. Remarkably, however, the Casey Court did not defend ...


Sherlock’S Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of 11 U.S.C. § 362(B)(1), Amir Shachmurove 2014 SelectedWorks

Sherlock’S Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of 11 U.S.C. § 362(B)(1), Amir Shachmurove

Amir Shachmurove

No abstract provided.


After Shelby County: Getting Section 2 Of The Vra To Do The Work Of Section 5, Christopher S. Elmendorf, Douglas M. Spencer 2014 SelectedWorks

After Shelby County: Getting Section 2 Of The Vra To Do The Work Of Section 5, Christopher S. Elmendorf, Douglas M. Spencer

Christopher S. Elmendorf

Until the Supreme Court put an end to it in Shelby County v. Holder, Section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, Section 2, is generally seen as expensive, cumbersome and almost wholly ineffective at blocking changes before they take effect. This paper argues that the courts, in partnership with the Department of Justice, could reform Section 2 so that it fills much of the gap left by the Supreme Court’s evisceration of Section ...


Summary Of Imperial Credit V. Eighth Judicial District Court, 130 Nev. Adv. Op. 59, Danielle Barraza 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Imperial Credit V. Eighth Judicial District Court, 130 Nev. Adv. Op. 59, Danielle Barraza

Nevada Supreme Court Summaries

The Court determined whether a district court may deny a motion to associate out-of-state counsel who satisfy all of requirements of Nevada Supreme Court Rule 42.


Is It Time For The Court To Accept The O.F.F.E.R.? Applying Smith V. Organization Of Foster Families For Equality And Reform To Promote Clarity, Consistency, And Federalism In The World Of De Facto Parenthood, Eric A. DeGroff, Steven W. Fitschen 2014 SelectedWorks

Is It Time For The Court To Accept The O.F.F.E.R.? Applying Smith V. Organization Of Foster Families For Equality And Reform To Promote Clarity, Consistency, And Federalism In The World Of De Facto Parenthood, Eric A. Degroff, Steven W. Fitschen

Eric A DeGroff

The question of psychological, or de facto, parents and their rights versus biological or adoptive parents has been percolating through the state and lower federal courts for some years. Given the disparity in approaches and the constitutional issues implicated, it is likely that the Supreme Court will take up this issue, and it may well do so in the near future. When it does, it is imperative that the Court adopt a test that will serve American society and her children and families well. This article proposes such a test.

The argument could be made that, absent a finding of ...


The Quixtoic Search For Race-Neutral Alternatives, Michael E. Rosman 2014 University of Michigan Law School

The Quixtoic Search For Race-Neutral Alternatives, Michael E. Rosman

University of Michigan Journal of Law Reform

The Supreme Court has stated that the narrow-tailoring inquiry of the Equal Protection Clause’s strict scrutiny analysis of racially disparate treatment by state actors requires courts to consider whether the defendant seriously considered race-neutral alternatives before adopting the race-conscious program at issue. This article briefly examines what that means in the context of race-conscious admissions programs at colleges and universities. Part I sets forth the basic concepts that the Supreme Court uses to analyze race-conscious decision-making by governmental actors and describes the role of “race-neutral alternatives” in that scheme. Part II examines the nature of “race-neutral alternatives” and identifies ...


Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, john a. powell, Stephen Menendian 2014 University of Michigan Law School

Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian

University of Michigan Journal of Law Reform

This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates ...


Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas 2014 University of Akron

Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas

Jude A Thomas

Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation ...


Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne 2014 Touro College Jacob D. Fuchsberg Law Center

Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne

Touro Law Review

No abstract provided.


Summary Of Afzali V. State, 130 Nev. Adv. Op. 34, Sean Daly 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Afzali V. State, 130 Nev. Adv. Op. 34, Sean Daly

Nevada Supreme Court Summaries

The Court determined whether a defendant has a constitutional right to know the racial composition of a grand jury that indicted him.


The State-Created Danger Doctrine, Erwin Chemerinsky 2014 Touro College Jacob D. Fuchsberg Law Center

The State-Created Danger Doctrine, Erwin Chemerinsky

Touro Law Review

No abstract provided.


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