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2007

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The Gift Of Milner Ball, Thomas L. Shaffer Jan 2007

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 …

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The Word And The Law, James B. White Jan 2007

The Word And The Law, James B. White

Georgia Law Review

The Word and the Law is an extraordinary combination of law, personal statement, literary criticism, and theology. In a sense its central question is whether it is possible to have a life in the law that is good, and the answer is yes-yes, though not at all easy. I have often suggested it as reading to students who are worried about the profession they have chosen, and they frequently return to me with deep thanks for the introduction. Milner's commitment throughout is not to abstraction or theory or generalization, but to particular realities. Partly for this reason he begins the …

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A Theology Of Justice: Some Reflections On Milner Ball's Non-Religious Practice Of Belief, Stephen Wizner Jan 2007

A Theology Of Justice: Some Reflections On Milner Ball's Non-Religious Practice Of Belief, Stephen Wizner

Georgia Law Review

For the past twenty years, during the first weekend in March, law students, law teachers, and public interest lawyers have gathered in the snowy woods of rural New Hampshire for a public interest retreat. The annual event is dedicated to the memory and legacy of Robert Cover, a beloved law professor, brilliant legal scholar, and committed social activist who died in 1986 at the age of forty-two. Robert Cover and Milner Ball were close friends and intellectual fellow travelers. They shared not only an academic interest in the inter-relationships between law, theology, and literature, but also a passionate commitment to …

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Where Do We Draw The Line?: The Justiciability Of Political Gerrymandering Claims In Light Of League Of United Latin American Citizens V. Perry, Matthew M. Weiss Jan 2007

Where Do We Draw The Line?: The Justiciability Of Political Gerrymandering Claims In Light Of League Of United Latin American Citizens V. Perry, Matthew M. Weiss

Georgia Law Review

Ever since the Supreme Court decided Baker v. Carr in 1962, there has been an evolving debate in the legal community over whether political gerrymandering could ever become so egregious that it would constitute a violation of the Equal Protection Clause. This Note discusses how the Court's recent case, League of United Latin American Citizens v. Perry, sheds new light on whether political gerrymandering is a non-justiciable political question. The Note argues that a majority of the Court now appears to have adopted Justice Kennedy's "wait-and-see" approach from his concurrence in Vieth v. Jubelirer, which accepts that a judicially manageable …

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Table Of Contents Jan 2007

Table Of Contents

Georgia Law Review

No abstract provided.

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Foreword: Introducing The Law Of Nonprofit Organizations And Philanthropy, David A. Brennen Jan 2007

Foreword: Introducing The Law Of Nonprofit Organizations And Philanthropy, David A. Brennen

Georgia Law Review

On January 5, 2007, the Nonprofit and Philanthropy Law Section of AALS held its first program at the AALS Annual Meeting in Washington, D.C. The program, entitled "State-Level Legal Reform of the Law of Nonprofit Organizations,"was a fitting way to launch what should prove to be a valuable contribution to the study of law relating to nonprofit organizations and philanthropy. This burgeoning area of academic legal study is well poised to grow by leaps and bounds in the coming years due to its impact on many traditional areas of legal study, including tax law, corporate law, estate law, trust law, …

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From The Dead Hand To The Living Dead: The Conundrum Of Charitable-Donor Standing, Evelyn Brody Jan 2007

From The Dead Hand To The Living Dead: The Conundrum Of Charitable-Donor Standing, Evelyn Brody

Georgia Law Review

This Article examines the current confused state of the law that applies to the private enforcement of restricted charitable gifts, and describes the first steps toward a tailored legal regime that appears in the American Law Institute's draft project on Principles of the Law of Nonprofit Organizations,for which this author is reporter. That regime addresses not only standing, but also proposals for notification of the attorney general, time limits on private (but not attorney general) enforcement, and a circumscription of appropriate remedies in order to protect the charity. Several of the issues, however, will likely require a legislative solution.

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Charities, Endowments, And Donor Intent: The Uniform Prudent Management Of Institutional Funds Act, Susan N. Gary Jan 2007

Charities, Endowments, And Donor Intent: The Uniform Prudent Management Of Institutional Funds Act, Susan N. Gary

Georgia Law Review

American charities manage substantial funds in conjunction with carrying out their charitable purposes, holding some funds for current operating needs and others as endowments. The legal rules on managing and investing those funds have worked well, but are now somewhat out of date, and revisions to these rules will benefit donors, charities, and charitable beneficiaries. Because laws regulating charities come from a variety of sources, including trust law, nonprofit corporation statutes, federal tax laws, and additional state statutes, this Article does not address the full panoply of regulations governing charities. Rather, the Article takes a narrow focus: the investment, management, …

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Revising The Model Nonprofit Corporation Act: Plus Qa Change, Plus C'Est La M~Me Chose, Lizabeth A. Moody Jan 2007

Revising The Model Nonprofit Corporation Act: Plus Qa Change, Plus C'Est La M~Me Chose, Lizabeth A. Moody

Georgia Law Review

The proposed revision of the 1988 version of the Model Nonprofit Corporation Act (MNCA) leaves most of the 1988 revisions in place. Overall the changes will bring the Act closer to the Model Business Corporation Act which was the stated intention of the 1988 revision. The major changes which are being proposed include: dropping the classification scheme which divided nonprofit corporations into Public Benefit, Mutual Benefit and Religious corporations;deleting certain provisions with respect to the role of the attorney general; prohibiting cumulative voting; including provisions of the Model Entity Transactions Act (META); and providing for Select Exempt Corporations.

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Unearthly Microbes And The Laws Designed To Resist Them, Jeb Butler Jan 2007

Unearthly Microbes And The Laws Designed To Resist Them, Jeb Butler

Georgia Law Review

Life can travel between planets. The many spacecraft humans have sent to the Moon have inadvertently provided passage to uncounted millions of microorganisms, some of which have remained alive on the lunar surface for years. What would happen if humans also sent microbes to celestial bodies that may harbor indigenous life, such as Mars or Europa? The presence of Earthly life would vitiate the reliability of future tests for extraterrestrial life on those bodies, and their "contamination"could thereby imperil what might be the greatest discovery in the history of biology. What if a spacecraft returning to Earth after visiting another …

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Table Of Contents Jan 2007

Table Of Contents

Georgia Law Review

No abstract provided.

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Collateralizing Intellectual Property, Xuan-Thao Nguyen Jan 2007

Collateralizing Intellectual Property, Xuan-Thao Nguyen

Georgia Law Review

This Article argues that the process of collateralization of intellectual property lacks transparency.Consequently, the current Article 9 of the Uniform Commercial Code may unfairly advance secured creditor's rights at the expense of intellectual property creators-such as authors and inventors-who are the debtors, and ultimately at the expense of society as a whole. The hidden costs of using intellectual property rights as collateral in secured transactions may prevent intellectual property creators from creating future works based on their early creations. This Article identifies and critiques the collateralization of intellectual property,revealing the complexity of intersecting secured transaction law, namely Article 9 of …

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Representing Saddam Hussein: The Importance Of Being Ramsey Clark, Lonnie T. Brown, Jr. Jan 2007

Representing Saddam Hussein: The Importance Of Being Ramsey Clark, Lonnie T. Brown, Jr.

Georgia Law Review

This Article examines the professional life of former U.S. Attorney General Ramsey Clark in an effort to understand the many controversial representations and causes that he has undertaken during his post-government career. Professor Brown does so through the vehicle of perhaps Ramsey Clark's most perplexing client choice-deposed Iraqi President Saddam Hussein. Although Hussein had other competent attorneys prepared and willing to represent him, Ramsey Clark nevertheless felt compelled to volunteer his services to the defense team. Why would he do so, and was his decision an ethically proper one under the circumstances? These are the specific questions that this Article …

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Confronting Myths And Myopia On The Road From Doha, Daniel R. Cahoy Jan 2007

Confronting Myths And Myopia On The Road From Doha, Daniel R. Cahoy

Georgia Law Review

Recent patent compulsory licenses issued by Thailand and Brazil have focused attention on this property rights safety valve as a means for balancing access and innovation in essential medicines. While derided in some quarters,many view these measures as a legitimate exercise of the flexibilities that exist in international intellectual property agreements, recently enhanced as a result of the WTO's Doha round of trade negotiations. But the increasing willingness to utilize patent compulsory licenses faces a troubled future: the international framework is dangerously ambiguous and significantly misaligned. Chief among the concerns is the level of compensation owed to a patent owner …

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A Mystery Of Motherhood: The Legal Consequences Of Insufficient Research On Postpartum Illness, Lindsey C. Perry Jan 2007

A Mystery Of Motherhood: The Legal Consequences Of Insufficient Research On Postpartum Illness, Lindsey C. Perry

Georgia Law Review

Postpartum illness is a real and serious affliction, suffered by many mothers throughout the country. For decades, courts have struggled with the issue of how postpartum illness fits into the current framework for legal insanity. Recent publicity of the Andrea Yates trial and her subsequent acquittal brought postpartum psychosis to the attention of the American public. This Note explores the background of postpartum psychosis and its treatment in U.S. courts. It discusses the possibilities for addressing postpartum psychosis in criminal proceedings and proposes that further research and understanding are necessary to provide justice for female defendants afflicted with postpartum psychosis. …

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Unplugging The Cable Franchise: A Regulatory Framework To Promote The Iptv Cable Alternative, Thomas Hildebrand Jan 2007

Unplugging The Cable Franchise: A Regulatory Framework To Promote The Iptv Cable Alternative, Thomas Hildebrand

Georgia Law Review

Internet Protocol Television (IPTV) is a new technology that promises to revolutionize the cable television industry. IPTV combines digital video technologies decades in development with the many advantages of Internet delivery, including cost and interactivity. The characteristics of IPTV that distinguish it from conventional cable television raise many regulatory questions. It is clear, however, that the decades-old cable franchising system, along with other cable-specific regulations, are a poor fit for IPTV. Wholesale application of these regulations could stifle the deployment of IPTV technology. Recently, telecommunications companies have begun rolling out competitive cable systems using IPTV over local telephone networks. To …

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Trans Fat: Can New York City Save Its Citizens From This "Metabolic Poison"?, Elizabeth Y. Spivey Jan 2007

Trans Fat: Can New York City Save Its Citizens From This "Metabolic Poison"?, Elizabeth Y. Spivey

Georgia Law Review

Trans fat was developed by chemists at the turn of the century and became an increasingly large part of the American diet. Trans fat in the form of partially hydrogenated vegetable oil now makes up 2% of all calories consumed in the United States. In the past two decades, studies have shown that artificially created trans fat increases cholesterol and increases the risk of coronary heart disease, heart attack, and type II diabetes. In response to these health concerns, New York City's Board of Health voted to ban trans fat from restaurant fare in December 2006. Other cities and local …

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The New Religion, Michael J. Gerhardt Jan 2007

The New Religion, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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Distorted Reflections Of Battered Women Who Kill: A Response To Professor Dressler, Joan H. Krause Jan 2007

Distorted Reflections Of Battered Women Who Kill: A Response To Professor Dressler, Joan H. Krause

Faculty Publications

No abstract provided.

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Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller Jan 2007

Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller

Faculty Publications

No abstract provided.

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Police Deception Before Miranda Warnings: The Case For Per Se Prohibition Of An Entirely Unjustified Practice At The Most Critical Moment, Robert P. Mosteller Jan 2007

Police Deception Before Miranda Warnings: The Case For Per Se Prohibition Of An Entirely Unjustified Practice At The Most Critical Moment, Robert P. Mosteller

Faculty Publications

No abstract provided.

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Softening Of The Formality And Formalism Of The "Testimonial" Statement Concept, Robert P. Mosteller Jan 2007

Softening Of The Formality And Formalism Of The "Testimonial" Statement Concept, Robert P. Mosteller

Faculty Publications

No abstract provided.

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Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller Jan 2007

Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller

Faculty Publications

No abstract provided.

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Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson Jan 2007

Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson

Faculty Scholarship

Rights-based approaches to advocacy on behalf of homeless persons have long sought to vindicate important dignitary, liberty, and equality interests, as well as establish to entitlements to housing, mental health, substance abuse, and other services. This advocacy has had some success in shaping the systems that define the interaction between homeless persons and the state. Rights paradigms, however, can be undermined by the day-to-day reality of the lives of homeless individuals and families that are often shaped by profound need less for protection from the state than for meaningful support, and entitlement advocacy remains circumscribed by the reality of severely …

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Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty , Nestor M. Davidson Jan 2007

Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty , Nestor M. Davidson

Faculty Scholarship

Contemporary debates about federalism and localism often proceed with, at best, a glancing reference to each other.' Commentators portray parallel, largely disconnected worlds in which the federal government relates only to the states, and the states, in turn, hermetically encompass local governments. In practice, however, numerous federal regulatory, spending, and enforcement policies actively rely on the participation of local governments independent from the states. Indeed, direct relations between the federal government and local governments-what this Article calls "cooperative localism"-play a significant role in areas of contemporary policy as disparate as homeland security, law enforcement, disaster response, economic development, social services, …

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Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty Part Ii: Federalism, Nestor M. Davidson Jan 2007

Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty Part Ii: Federalism, Nestor M. Davidson

Faculty Scholarship

Direct relations between the federal government and local governments - what this article calls "cooperative localism" - play a significant and underappreciated role in areas of contemporary policy as disparate as homeland security, law enforcement, disaster response, economic development, social services, immigration, and environmental protection. Despite the ubiquity of this practice, a jurisprudential clash is looming that threatens this important facet of intergovernmental relations. Historically, courts have allowed local governments to invoke federal authority as a source of local autonomy, despite the prevailing view of local governments as powerless instrumentalities of the state. The Supreme Court is increasingly suggesting, however, …

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Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson Jan 2007

Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson

Faculty Scholarship

Patentees sometimes license their inventions through field-of-use licenses, which permit licensees to use the inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader licensing of inventions. But in recent United States cases, the Federal Circuit Court of Appeals and lower courts have upheld field-of-use licenses prohibiting activities that licensees would otherwise have been permitted by patent law, such as the repair and resale of patented products. The recent cases rely on the Federal Circuit's decision in Mallinckrodt, Inc. v. Medipart, Inc., where the court …

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Truth, Deterrence, And The Impeachment Exception , James L. Kainen Jan 2007

Truth, Deterrence, And The Impeachment Exception , James L. Kainen

Faculty Scholarship

James v. Illinois permits illegally-obtained evidence to impeach defendants, but not defense witnesses. Thus far, all courts have construed James to allow impeachment of defendants' hearsay declarations. This article argues against allowing illegally-obtained evidence to impeach defendants' hearsay declarations because doing so unduly diminishes the exclusionary rule's deterrent effect. The distinction between impeaching defendants and defense witnesses disappears when courts allow prosecutors to impeach defendants' hearsay declarations. Because defense witnesses report exculpatory conduct of a defendant who always has a substantial interest in disguising his criminality, their testimony routinely incorporates defendant hearsay. Defense witness testimony thus routinely paves the way …

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Practitioner's View: Clients At Guantanamo, Martha Rayner Jan 2007

Practitioner's View: Clients At Guantanamo, Martha Rayner

Faculty Scholarship

No abstract provided.

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The Lawyer Is Not The Protagonist: Community Campaigns, Law, And Social Change, The Symposium: Race, Economic Justice, And Community Lawyering In The New Century: Concluding Essay, Jennifer Gordon Jan 2007

The Lawyer Is Not The Protagonist: Community Campaigns, Law, And Social Change, The Symposium: Race, Economic Justice, And Community Lawyering In The New Century: Concluding Essay, Jennifer Gordon

Faculty Scholarship

Stories about law and social change can have a sameness to them. Yet in many ways, the tales told in this volume stand out from the crowd. Each story is shaped around a campaign undertaken by a community organization or coalition deeply engaged in the struggle for racial and economic justice. Attorneys appear as supporting players rather than main characters, seeking to help organizations build the power needed to achieve their goals. These lawyers translate information about the law into lay language, pressure opponents, defend the organization, open up spaces for community voice and action, and seek to establish new …

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