Law Commons^™

Georgia Legal Research - Secondary Source Materials, Ronald E. Wheeler, Terrance Manion, Nancy P. Johnson

Terrance K Manion

No abstract provided.

Georgia Legal Research --Primary Source Material, Austin Martin Williams, Deborah Schander, Elizabeth G. Adelman, Nancy P. Johnson, Nancy Adams, Terrance Manion

Terrance K Manion

No abstract provided.

Book Review, Unintended Consequences Of Constitutional Amendment, Neil Kinkopf

Neil J. Kinkopf

No abstract provided.

Book Review, The Progressive Dilemma, Neil Kinkopf

Neil J. Kinkopf

No abstract provided.

The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.

Eliminating Undue Burdens To Women's Health: Reproductive Justice Under A “Contexual Intent” Standard, Katie L. Filous

Katie L. Filous

By examining Jackson Women’s Health Organization, et. al. v. Mary Currier, et. al., this article will advocate for the position that the Supreme Court should utilize a “contextual intent” standard in reproductive justice cases in which “undue burdens” and “substantial obstacles” are being evaluated. Part I of the article will discuss the shift from reproductive “rights” to reproductive “justice” by discussing various state legislatures’ attempts at restricting abortion in conjunction with Ian Haney Lopez’s “contextual intent” theory. Part II will discuss the historical roots of varying analyses of reproductive justice cases, from public health and safety to fetal viability to …

How To Maneuver In The World Of Negative Online Reviews, The Important Ethical Considerations For Attorneys, And Changes Needed To Protect The Legal Profession, Angela Goodrum

Angela Goodrum

No abstract provided.

A Guide To The Independent Medical Examination, Samuel D. Hodge Jr.

Samuel D. Hodge Jr.

Independent medical examinations (IMEs) are physicals conducted at the request of a third party. An example is the physical examination of a workers’ compensation claimant or life insurance applicant, but IMEs are common in bodily injury claims. These examinations are very important since they can help decide whether a claimant is entitled to compensation or qualifies for life insurance or a job. Most defense attorneys have relied on medical reports and expert testimony from an independent medical examiner but little is known about the limitations or parameters of this assessment. In fact, there are a multitude of legal issues surrounding …

Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing

Ira K Rushing

With the US Supreme Court holding the death penalty and lethal injection as Constitutional, there has been a new strategy for condemned prisoners. Using public information requests to discover the identities of the suppliers of lethal injection drugs and others in ancillary roles, the media has broad range to publish this information. This has led to many suppliers and compounding pharmacies to withhold supplies of the drugs to states using them in executions. This paper lays out a history of the death penalty in Mississippi that has gotten us to this point. It then attempts to provide persuasive arguments on …

January 28, 2015: Politics At The Water's Edge, Bruce Ledewitz

Hallowed Secularism

Blog post, “Politics at the Water's Edge“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Phishing & Vat Fraud In Co2 Permits: Dice In The Eu-Ets Now; Dice In Power Tomorrow, Richard Thompson Ainsworth

Faculty Scholarship

In accordance with Directive 2003/87/EC of October 13, 2003, trade in greenhouse gas emissions commenced in the European Union (EU) on January 1, 2005. The EU-Emissions Trading System (EU-ETS) was born.

The EU has a Value Added Tax (VAT). VAT is a transaction-based levy on all trade in goods and services. Each Member State has a VAT as a condition of membership. Until January 3, 2017 transactions in CO2 permits are taxed as services. After this date they are exempt as financial instruments.

This change in VAT treatment of CO2 permits is directly attributable to rampant fraud in the market. …

Brief Of Antitrust Scholars As Amici Curiae In Support Of Appellees, Supporting Affirmance, Chris Sagers, K. Craig Wildfang, Ryan W. Marth, David Martinez

Law Faculty Briefs and Court Documents

Amici urge affirmance for three principal reasons. First, we elaborate a point to dispel Appellant's suggestion that antitrust somehow does not belong here. Second, we show that ordinary rule of reason treatment was appropriate. Relying rather daringly on a case that it overwhelmingly lost, Appellant asks this Court to find within NCAA v. Board of Regents of Univ. of Okla., 468 U. S. 85 (1984), a rule that its "amateurism" or "eligibility" restraints are "valid...as a matter of law." NCAA Br. at 14, 22. Board of Regents did not say that, and even Appellant's own amici admit it. See Wilson …

Holt V. Hobbs: Does A Muslim Prisoner’S Case Foreshadow The End Of Affirmative Action?, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Advantages Of A Polycentric Approach To Climate Change Policy, Daniel H. Cole

Articles by Maurer Faculty

Lack of progress in global climate negotiations has led scholars to reconsider polycentric approaches to climate policy. Several examples of subglobal mechanisms to reduce greenhouse-gas emissions have been touted, but it remains unclear why they might achieve better climate outcomes than global negotiations alone. Decades of work conducted by researchers associated with the Vincent and Elinor Ostrom Workshop in Political Theory and Policy Analysis at Indiana University have emphasized two chief advantages of polycentric approaches over monocentric ones: they provide more opportunities for experimentation and learning to improve policies over time, and they increase communications and interactions — formal and …

Presenter: Correcting A False Step: Rethinking The ‘Actual Expenses’ Affirmative Defense To The Texas Constructive Trust Fund Act, Wayne Barnes

Wayne R. Barnes

No abstract provided.

The Intracorporate Conspiracy Doctrine And Ceo Turnover, J.S. Nelson

J.S. Nelson

Foia Response From Uscis On Parole, Shoba Sivaprasad Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.

Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon

Lyman P. Q. Johnson

We evaluate the U.S. Supreme Court’s controversial decision in the Hobby Lobby case from the perspective of state corporate law. We argue that the Court is correct in holding that corporate law does not mandate that business corporations limit themselves to pursuit of profit. Rather, state law allows incorporation for any lawful purpose. We elaborate on this important point and also explain what it means for a corporation to “exercise religion.” In addition, we address the larger implications of the Court’s analysis for an accurate understanding both of state law’s essentially agnostic stance on the question of corporate purpose and …

Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon

David K. Millon

We evaluate the U.S. Supreme Court’s controversial decision in the Hobby Lobby case from the perspective of state corporate law. We argue that the Court is correct in holding that corporate law does not mandate that business corporations limit themselves to pursuit of profit. Rather, state law allows incorporation for any lawful purpose. We elaborate on this important point and also explain what it means for a corporation to “exercise religion.” In addition, we address the larger implications of the Court’s analysis for an accurate understanding both of state law’s essentially agnostic stance on the question of corporate purpose and …

The Open Access Advantage In Legal Education’S Age Of Assessment, Elizabeth G. Adelman

Book Reviews

Reviewing James M. Donovan, Carol A. Watson & Caroline Osborne, The Open Access Advantage for American Law Reviews.