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Crime Volume And Law And Order Culture, Steven Stack, Liqun Cao, Amy Adamczyk

Publications and Research

The literature on public opinion about crime and justice has neglected the exploration of macro‐ or community‐level influences on individual‐level attitudes. A key macrofactor that may be related to individual level attitudes is the volume of violent crime. High crime rates can facilitate the development of a culture of “law and order,” a response that may be a practical or instrumental attempt to control crime. The present paper tests the hypothesis that persons residing in nations marked by a high volume of crime will be more likely to adhere to elements of a law and order culture. It employs data …

Civil Rights And Related Decisions, Eileen Kaufman

Scholarly Works

No abstract provided.

Race Discrimination And Human Rights Class Actions: The Virtual Exclusion Of Racial Minorities From The Class Action Device, George A. Martinez

Faculty Journal Articles and Book Chapters

In the era of Jim Crow, racial minorities were segregated and excluded from participating in white society. Minorities were segregated in public schools, excluded from public accommodations, excluded from participation on juries, and excluded from living in certain areas. Harkening back to that earlier time, racial minorities now are often excluded from using the class action device to bring civil rights claims.

This paper argues that courts are very tough in how they handle class certification decisions in race discrimination class actions. On the other hand, the courts are quite lenient in how they handle class certification decisions in human …

Subways As A Space Of Cultural Intimacy: The Mass Rapid Transit System In Taipei, Taiwan, Anru Lee

Publications and Research

No abstract provided.

Back-End Sentencing A Practice In Search Of A Rationale, Jeremy Travis

Publications and Research

No abstract provided.

Why "Managing" Biodiversity Will Fail: An Alternative Approach To Sustainable Exploitation For International Law, Kyle Ash

Animal Law Review

The role of humans in mass extinctions necessitates an assessment of the collective human psychology responsible for the degradation of Earth’s life support systems. In this paper, the Author will cite instruments and discourse relevant to international environmental law to illustrate how an antiquated conception of biological hierarchies is condoned whenever other species are mentioned. As reflected in the law, humans do not just believe we are existentially unconnected with the rest of life, but that we have more right to live on the planet. This, ironically, allows us to rationalize activities that destroy the planet, even for ourselves. Nature …

Animal Testing In Cosmetics: Recent Developments In The European Union And The United States, Laura Donnellan

Animal Law Review

Animal welfare has become a recent issue in the policy of the European Union. Since the creation of the European Economic Community (EEC) in 1957, the welfare of animals was only considered in relation to the proper functioning of the common market. Animals were seen as commodities whose interests were intertwined with agricultural and environmental policy. Over the years, the position has changed somewhat. Although a Treaty basis exists for animal welfare, the protection of animals has not yet been recognized as an important policy area of its own, and thus worthy of legal protection. As a positive step in …

Humane Education, Dissection, And The Law, Marcia Goodman Kramer

Animal Law Review

Students regularly encounter animal dissection in education, yet humane education receives little attention in animal law. This article analyzes the status of humane education laws in the United States. It discusses the range of statutory protections, from student choice laws to bans on vivisection. The article then analyzes the litigation options for students who do not wish to dissect, including constitutional claims and claims arising under student choice laws. The article concludes by calling for additional legislation to protect students who have ethical objections to dissection.

2006 Legislative Review, Marjorie A. Berger

Animal Law Review

No abstract provided.

2006 Animal-Law Related Articles, Brett Cattani

Animal Law Review

Animal Law is pleased to introduce as a new annual feature a bibliography of animal law-related articles published in law reviews and law journals during the previous year. For ease of reference, each article has been placed into a relevant category and each category provides a non-exhaustive list of potential topic examples. Some articles may appear in more than one category. Although we have made every effort to be as comprehensive as possible and present a complete listing of 2006 articles, this list may not be all-inclusive. We hope this compilation will serve as a useful resource in exploring contemporary …

A Contractarian View Of Animal Rights: Insuring Against The Possibility Of Being A Non-Human Animal, Julie Hilden

Animal Law Review

Contemporary research results regarding non-human animals’ intelligence, emotional life, and capacity for reciprocity strongly suggest the need for a sweeping re-evaluation of their legal status as mere property. In this essay, the author will contend that the contractarian theory of philosopher John Rawls provides an ideal basis for this re-evaluation. Rawls’ theory holds that the just rules for a given real-world society are those that would rationally be chosen behind an imaginary “veil of ignorance,” where the deciding parties are placed in an “original position” in which they have no idea of their personal qualities or the positions they will …

Animal Experimentation: Lessons From Human Experimentation, Arthur Birmingham Lafrance

Animal Law Review

This article is adapted from the author's presentation during the panel discussion Animals in Research: Pet Cloning, Patents, and Bioethics at the 14th Annual Animal Law Conference of Lewis & Clark Law School on October 14, 2006.

Conventional wisdom tells us that animal experimentation is a relevant precursor to human experimentation. The failings of human experimentation to be more reliable, however, casts substantial doubt on the necessity and appropriateness of experimentation on animals. The federal government and medical community, since World War II, has used the Nuremberg Code and the “common rule” to determine how to ethically conduct human experimentation. …

Subverting Justice: An Indictment Of The Animal Enterprise Terrorism Act, Kim Mccoy

Animal Law Review

The Animal Enterprise Terrorism Act (AETA) creates yet another obstacle for the animal advocacy movement. This article explores the reasons behind the AETA’s enactment and its implications for those who advocate on behalf of animals. The author notes the AETA targets individuals based solely on their political ideology and can deter these individuals from exercising their right to free speech due to the threat of being permanently branded as a terrorist. It is this infringement on First Amendment rights, coupled with the AETA’s overbreadth and vagueness, that lead the author to conclude the AETA is unconstitutional. The author also notes …

At A Complex Crossroads: Animal Law In Indian Country, Rob Roy Smith

Animal Law Review

Animals play an especially important role in Indian history and culture. The value of animals to the tribes is reflected in every aspect of their culture, from song and dance to land use and treaty terms. Tribes today are still dependent on fish and wildlife for ceremonies and everyday living. The tribes have translated their value for animals into creative ways to protect domestic animals and manage animal populations, including working with state and federal governments to co-manage fish and wildlife populations. This article begins with a discussion of criminal and civil jurisdiction within Indian Country. The article provides a …

Table Of Contents

Georgia Law Review

No abstract provided.

A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer A. Drobac, Antony Page

Georgia Law Review

This Article contends that domestic partnership based upon business partnership law and associated fiduciary duties would better serve more couples, their families, and society as a whole than marriage law does now. Four problems-the rising divorce rate, the poverty of some "divorced" children and their custodians, the same-sex marriage controversy, and families that exist without a formal legal acknowledgment-have increased concerns about the viability of marriage as an institution that promotes domestic stability and economic security. As a response and solution, Professors Drobac and Page propose a Uniform Domestic Partnership Act, modeled after the Uniform Partnership Act (1914) for businesses. …

What Should We Celebrate On Constitution Day?, Alan E. Garfield

Georgia Law Review

Congress recently created a new national observance, Constitution Day, to be marked each year on September 17. This observance presents a valuable opportunity for the vastly diverse American populace to celebrate its shared values. But what, exactly, should Americans celebrate about the Constitution? The Constitution's text, after all, is hardly perfect, and judicial interpretations of the Constitution are similarly problematic. This Article sets out to identify the Constitution's core meaning for Americans. If first draws lessons from two contemporary Establishment Clause disputes (the teaching of intelligent design and the displaying of Ten Commandments monuments). These examples illustrate why the Constitution,and …

Deficits And The Dividend Tax Cut: Tax Policy As The Handmaiden Of Budget Policy, Katherine Pratt

Georgia Law Review

Tax policy has dominated President Bush's domestic policy agenda. The centerpiece of that agenda is the dividend tax cut enacted in 2003. The dividend tax cut is scheduled to expire in 2010, but President Bush continues to urge Congress to make it permanent. President Bush argues that the dividend tax cut promotes long-term economic growth, stimulates the economy, makes the tax system fairer,provides a steady source of income for needy senior citizens, and pays for itself. This Article evaluates the various rationales President Bush offered to justify the dividend tax cut, with an emphasis on the long-term growth rationale. The …

Big Entertainment Needs A Sequel To The Highly Anticipated Flop: Mgm V. Grokster, Anuj Desai

Georgia Law Review

The entertainmentindustry's attempts to police copyright infringement by targeting technologies that enable copying of protected works remain unworkable. More than twenty years ago, Hollywood initiated this strategy when it sued Sony, claiming users copied protected broadcast TV shows using Sony's Betamax, thus branding Sony a contributory infringer. The Supreme Court, however, rejected this argument in Sony Corp. of Am. v. Universal City Studios, Inc. and found that Sony was not liable as it had no knowledge of the infringement and its product was capable of substantialnoninfringing uses. The Sony doctrine was revived in the late 1990s when it was successfully …

Civil Fraud Liability And Iraq Reconstruction: A Return To The False Claims Act's War-Profiteering Roots?, Jessica C. Morris

Georgia Law Review

During its short existence, the Coalition Provisional Authority (CPA), the U.S.-led occupation regime that governed Iraq from May 2003 to June 2004, entered into security and reconstruction contracts amounting to billions of dollars. Fraud pervaded the chaotic contracting environment of CPA-era Iraq. The False Claims Act (FCA), enacted by Congress during the Civil War to protect the Union from profiteering suppliers, remains the U.S. government's most effective tool in combating fraud. Whistleblower or qui tam provisions within the FCA function to assist the under-staffed contractingcorps ferret out fraud. This Note will argue that the FCA should apply to all CPA …

Table Of Contents

Georgia Law Review

No abstract provided.

In Honor Of Milner Ball, J. Ralph Beaird

Georgia Law Review

Milner, a civil rights activist, was introduced to the real world in 1962 by serving as the pastor of a small Presbyterian church in Manchester, Tennessee and later (1966) as minister of the University Presbyterian Student Center in Athens. While at the Student Center, Milner led a group of Viet Nam war protestors in protesting the Law Day address in Athens of then Secretary of State Dean Rusk. Rusk joined the Georgia Law faculty in 1970, an appointment that had been worked out on the trip back to the airport by Dean Lindsay Cowan and President Fred Davison. The first …

Milner Ball: My Student, My Teacher, C. Ronald Ellington

Georgia Law Review

Not long after I joined the faculty of the University of Georgia School of Law in the fall of 1969, I heard from other faculty members about Milner Ball. Superbly educated with degrees from Princeton and the Harvard Divinity School, Milner was what we today would term a "non-traditional student." He was older than the typical entering law student; indeed he was five years older than me, and he had served for several years as a campus minister before taking up the study of law. Milner had created something of a local stir when he led a peaceful demonstration against …

Milner S. Ball: Proof That One Professor Can Make A Difference, David E. Shipley

Georgia Law Review

Can one person make a difference in the world? When asked about their accomplishments during their careers, people often respond by saying something like, "I just hope I made a difference, and that I am leaving the place a little bit better than when I arrived." Milner S. Ball, the Harmon W. Caldwell Chair in Constitutional Law, is proof positive that one person can make a difference in the world. There is no doubt that he has made a substantial difference for the better during his distinguished career at the University of Georgia, as a campus minister, as a non-traditional …

A Tribute To Milner S. Ball, Edward D. Spurgeon

Georgia Law Review

Milner's teaching and scholarly interests and pursuits have been an extension of his core values. It is not coincidence that Milner's teaching and scholarship have centered on law and theology, public interest law, constitutional law, environmental law and Indian law, and that his public service has involved to a significant extent work for and support for nonprofit organizations serving the needy. Through his teaching, scholarship, and service, he has deepened his own knowledge and understanding while giving voice to his values and views. Above I described Milner as "complex and multi-faceted." What do I mean? Milner is both a Southerner …

The Practice Of Law In The Peaceable Kingdom, Robert P. Burns

Georgia Law Review

Milner Ball would be the last person to claim to have constructed a system. After all, he writes in the essay form, one that is "tentative, reflective, suggestive, contradictory, and incomplete."' It is a style that suggests there is more afoot than any science or philosophy is likely to conceive and that much of what is most important has to be shown, not stated. Surely, the notion of a system, as in "the legal system," reflects many of the qualities that, as we will see, he is most at pains to criticize. However, there are definitely themes in his work …

The Future Of Footnote Four, Dan T. Coenen

Georgia Law Review

The Supreme Court's decision in United States v. Carolene Products Co. generated the most famous footnote-and perhaps the most famous passage-in all of the American Judiciary's treatment of constitutional law. Among other things, Footnote Four suggested that "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' The importance of this principle cannot be overstated. It pervaded the work of the Warren Court2 and has played a prominent role …

Meeting Of The Minds, Part Ii: A Dark And Angry God Arises, Paul J. Heald

Georgia Law Review

In 1988, Professor Heald found a lost manuscript of Steve Allen's groundbreaking television show, "A Meeting of the Minds."' In that episode, Oliver Wendell Holmes, Mark Kelman, Blaise Pascal, and Richard Posner discussed the nature of law.2 While completing renovation of a house, possibly visited by Allen, Heald recently found another manuscript jammed on top of an old water tank...

Is Capital Punishment Unconstitutional? And Even If We Think It Is, Should We Want The Supreme Court To So Rule?, Michael J. Perry

Georgia Law Review

Given that the Supreme Court of the United States, in protecting constitutionally entrenched human rights, exercises the power of judicial ultimacy, should the Court exercise the power deferentially? That is, should the Court defer to some degree to the judgment of the members of the legislative and/or executive branches of government whose law or policy is in question and who presumably have concluded that the law or policy does not violate any human right?

The choice here is best understood as a choice between two different judicial attitudes or orientations. For a judge to adopt a deferential attitude-for her to …

The Gift Of Milner Ball, Thomas L. Shaffer

Georgia Law Review

My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend-my colleague, too-and also my teacher (in two senses, including the I-once-paid- tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the …