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2008

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Louis Marshall, Julius Henry Cohen, Benjamin Cardozo, And The New York Emergency Rent Laws Of 1920: A Case Study In The Role Of Jewish Lawyers And Jewish Law In Early Twentieth Century Public Interest Litigation, Samuel J. Levine Jan 2008

Louis Marshall, Julius Henry Cohen, Benjamin Cardozo, And The New York Emergency Rent Laws Of 1920: A Case Study In The Role Of Jewish Lawyers And Jewish Law In Early Twentieth Century Public Interest Litigation, Samuel J. Levine

Scholarly Works

In this Article, Levine examines the litigation surrounding the New York Emergency Rent Laws of 1920. In particular, he focuses upon a series of cases litigated by two of the most prominent Jewish lawyers in United States in the first half of the twentieth century: Louis Marshall and Julius Henry Cohen. Among other notable aspects of the litigation, the cases reached the New York Court of Appeals and the United States Supreme Court, which at that time included two of the most eminent jurists in the history of the United States, Judge Benjamin N. Cardozo and Justice Oliver Wendell Holmes, …

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"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey Jan 2008

"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey

Scholarly Works

No abstract provided.

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Are Law Schools Racist?: A "Talk" With Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik Jan 2008

Are Law Schools Racist?: A "Talk" With Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik

Scholarly Works

No abstract provided.

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The Adaptive Immune System Of Sea Lamprey, Matthew N. Alder Jan 2008

The Adaptive Immune System Of Sea Lamprey, Matthew N. Alder

All ETDs from UAB

No abstract provided.

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Bionormativity And The Construction Of Parenthood, Katharine K. Baker Jan 2008

Bionormativity And The Construction Of Parenthood, Katharine K. Baker

Georgia Law Review

This Article explores the relationship between legal and biological parenthood. It examines how neither history, nor biology, nor moral philosophy dictate a legal regime in which parenthood must be based on biological connection, but that attractionto a biological (or"bionormative")regime remains strong. In explaining why, it suggests that much of what attracts people to bionormativity is not biology itself, but the way in which a biological regime constructs parenthood as a private, exclusive, and binary enterprise. It is these ancillary qualities of bionormativity that people may care the most about. Today, a variety of forces put pressure on these ancillary qualities …

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Judicial Decisionmaking, Paul V. Niemeyer Jan 2008

Judicial Decisionmaking, Paul V. Niemeyer

Georgia Law Review

Judge Niemeyer observes that judicial decisionmaking is a layered mental process in which numerous legitimate factors contribute to an arrangement of priorities. The priority of factors, which is based on the psychical makeup of each judge, determines the popular characterization of judges as liberal, conservative, pragmatic, thoughtful, or balanced. Nonetheless, decision making is not unconstrained,as it is guided by the good faith of each judge to continue the rule of law with well-reasoned and just opinions. If accomplished, legal disputes are accordingly healed, ultimately producing the desired harmony in the community.

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Don't Be Left Out In The Cold: An Argument For Advancing American Interests In The Arctic Outside The Ambits Of The United Nations Convention On The Law Of The Sea, Jason W. Howard Jan 2008

Don't Be Left Out In The Cold: An Argument For Advancing American Interests In The Arctic Outside The Ambits Of The United Nations Convention On The Law Of The Sea, Jason W. Howard

Georgia Law Review

In the world of fast-depleting fossil fuel reserves, any area promising new sources of oil and natural gas will be valuable to the nation controlling it. The Arctic Circle could be such an area. Recognizing this, in August 2007, while gathering scientific data, a submarine placed a titanium Russian flag on the Arctic seafloor in a symbolic statement of Russia's claim to the area. As Russia and other nations prepare their claims under the U.N. Convention on the Law of the Sea, the United States, because it has not yet ratified the treaty, is left to defend its interest outside …

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Some Things Are Better Left Said: Pleading Practice After Bell Atlantic Corp. V. Twombly, Matthew A. Josephson Jan 2008

Some Things Are Better Left Said: Pleading Practice After Bell Atlantic Corp. V. Twombly, Matthew A. Josephson

Georgia Law Review

In May 2007 the Supreme Court issued a landmark procedural decision construing and applying Federal Rule of Civil Procedure 8(a)(2). In Bell Atlantic Corp. v. Twombly the Court boldly retired the plaintiff-friendly pleading standard established over fifty years ago in Conley v. Gibson and replaced it with a potentially more stringent plausibility standard that requires a plaintiff to plead facts demonstrating the plausibility of each claim. Considerable confusion has surfaced in the lower courts over the extent of Twombly's influence, with some courts limiting the decision to its antitrust context and others applying the decision to all civil cases. This …

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Putting The Brakes On Drugs: The Impact Of Ksr V. Teleflex On Pharmaceutical Patenting Strategies, Diane C. Renbarger Jan 2008

Putting The Brakes On Drugs: The Impact Of Ksr V. Teleflex On Pharmaceutical Patenting Strategies, Diane C. Renbarger

Georgia Law Review

In its 2007 KSR v. Teleflex decision, the Supreme Court permitted KSR International Co. to manufacture an adjustable gas pedal in spite of a competitor's patent. The ruling struck down the Federal Circuit's test to determine whether a patent is obvious and thereby invalid. Since the decision, there has been speculation about how much, if at all, the Supreme Court's decision changed patent validity standards,and particularly about how the decision will influence pharmaceutical patenting. This Note examines the impact KSRv. Teleflex may have on the pharmaceutical industry. Pharmaceutical patenting laws and early court decisions applying the reasoning of KSR v. …

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Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup Jan 2008

Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup

Georgia Law Review

Covering developments in the drug treatment court movement in the years since the turn of the millennium, Judge Hora and Mr. Stalcup inform the reader about updates relevant to the subject and address the arguments and concerns of other authors. The Article reviews drug treatment court basics, describes their function, and evaluates legal aspects of drug treatment court practice. The authors' analysis includes the latest in genetic research, penal statistics, and recent court cases that bear on the subject. Beginning with the premise that traditional criminal case processing does not address the underlying causes of much criminal behavior, the authors …

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Table Of Contents Jan 2008

Table Of Contents

Georgia Law Review

No abstract provided.

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Distorting Due Process For Noble Purposes: The Emasculation Of America's Material Witness Laws, Ronald L. Carlson Jan 2008

Distorting Due Process For Noble Purposes: The Emasculation Of America's Material Witness Laws, Ronald L. Carlson

Georgia Law Review

Civil liberties issues raised by governmental interference with free speech or by police execution of clandestine searches are regularly litigated. Less obtrusive but nonetheless highly concerning is the subject of this Article. Lurking under the radar is a hidden danger. Authorities have protected and expanded their statutory opportunities to imprison unsuspecting and sometimes innocent witnesses to crimes. Most Americans are shocked to know that witnesses to crimes can be jailed in order to insure their testimony against a defendant. Before 9/11, only a handful of unfortunate citizens felt the sting of these laws. The accelerated use of material witness statutes …

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The Federal Government's Implied Guarantee Of Fannie Mae And Freddie Mac's Obligations: Uncle Sam Will Pick Up The Tab, David Reiss Jan 2008

The Federal Government's Implied Guarantee Of Fannie Mae And Freddie Mac's Obligations: Uncle Sam Will Pick Up The Tab, David Reiss

Georgia Law Review

This Article provides the most comprehensive statutory analysis to date of the federal government's implied guarantee of Fannie Mae and Freddie Mac's financial obligations. Fannie and Freddie together have $4.45 trillion in mortgage- related obligations. The magnitude of their obligations can only be understood in comparison to the amount of outstanding U.S. government debt-$5.04 trillion. Given the ongoing meltdown of the residential mortgage market, it is important that the implied guarantee be understood for what it is, a contingent liability of the federal government. After explaining the nature of the implied guarantee and the risks that it poses, the Article …

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"Saturday Night's Alright For Fighting": Congressman William Jefferson, The Saturday Night Raid, And The Speech Or Debate Clause, James W. Mcphillips Jan 2008

"Saturday Night's Alright For Fighting": Congressman William Jefferson, The Saturday Night Raid, And The Speech Or Debate Clause, James W. Mcphillips

Georgia Law Review

On May 20, 2006, for the first time in U.S. history, federal agents executed a search warrant in raiding the Capitol Hill office of a sitting member of Congress. The raid was the culmination of a fourteen month corruption and bribery investigation into Representative William J. Jefferson's business dealings in Africa. Supported by bipartisan outcry, Jefferson sought the return of the documents seized in the raid under the legislative immunity protection of the Speech or Debate Clause. In United States v. Rayburn House Office Building, the D.C. Circuit agreed with Jefferson that the FBI violated his constitutional rights and granted …

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The "Scope Of A Student": How To Analyze Student Speech In The Age Of The Internet, Erin Reeves Jan 2008

The "Scope Of A Student": How To Analyze Student Speech In The Age Of The Internet, Erin Reeves

Georgia Law Review

In three seminal cases dating from 1969-1988, the U.S. Supreme Court determined that students have a more limited right to free speech while within the confines of a public school building. In recent years, however, more and more cases have arisenin which it is not so clear whether a student speaker is "on-campus,"due in large part to the rapid increase in speech communicated over the Internet. This Note explores the possibility of how far the "confines of a public school building" should be extended in this age of the Internet. After analyzing the current confusion regarding what amount of restriction …

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Bringing An End To Warrantless Cell Phone Searches, Bryan A. Stillwagon Jan 2008

Bringing An End To Warrantless Cell Phone Searches, Bryan A. Stillwagon

Georgia Law Review

Cell phones keep society connected, and exploring their contents reveals a glimpse into the user's life. As technology develops and these phones advance, this glimpse becomes a more complete picture of the user's life. The Fourth Amendment speaks of a right to be secure against unreasonable searches and seizures, but this right is threatened when judges permit the few exceptions to the warrant requirement to envelop the general rule. This Note begins with a brief review of the history of both cellphones and warrantless searches, followed by the recent history of warrantless cell phone searches. While focusing on the search- …

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The Concept And The Rule Of Law, Jeremy Waldron Jan 2008

The Concept And The Rule Of Law, Jeremy Waldron

Georgia Law Review

This Essay explores and connects two issues: (1) the relation between the Rule of Law (or legality) and the work we do in general jurisprudence on the concept of law; and (2) the distinction between conceptions of the Rule of Law that emphasize certainty, rules, and predictability and conceptions of the Rule of Law that also emphasize procedure and argument, even when legal argumentation detracts from the certainty emphasized the first set of conceptions. First, the Essay argues in favor of a more demanding understanding of what law it (informed by the ideal of the Rule of Law); in other …

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Securities Class Actions As Pragmatic Ex Post Regulation, Elizabeth C. Burch Jan 2008

Securities Class Actions As Pragmatic Ex Post Regulation, Elizabeth C. Burch

Georgia Law Review

Securities class actions are on the chopping block--again. Traditional commentators continue to view class actions with suspicion; they see class suits as nonmeritorious byproducts of self-interest and the attorneys who bring them as rent-seekers. This approach has popularized securities class actions' negative effects. High-profile commissions capitalizing on this rhetoric, such as the Committee on Capital Markets Regulation, have recently recommended eliminating or severely curtailing securities class actions. But this approach misses the point: in the ongoing push and pull of securities regulation,corporations are winning the battle. Thus, understandingthe complete picture of securities class actions necessitates a positive pragmatic account. This …

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Monitoring For Quality Assurance: Employer Regulation Of Off-Duty Behavior, James A. Sonne Jan 2008

Monitoring For Quality Assurance: Employer Regulation Of Off-Duty Behavior, James A. Sonne

Georgia Law Review

This Article offers a unique and timely treatment of the dual, yet divergent, rise in employer regulation of off-duty behavior and employee privacy law. Recent trends show that technology has expanded the supervisory tools available to employers and made the workplace a more fluid concept; in addition, financial pressures have grown from expensive employee benefits and other business costs. As a result, employers have been increasingly interested in reaching beyond their office walls to gather pertinent information for making personnel decisions. On the other hand, a movement is building in law to segregate off-duty activity from employer purview, particularly in …

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Deliberately Different: Bullying As A Denial Of A Free Appropriate Public Education Under The Individuals With Disabilities Education Act, David E. Ferster Jan 2008

Deliberately Different: Bullying As A Denial Of A Free Appropriate Public Education Under The Individuals With Disabilities Education Act, David E. Ferster

Georgia Law Review

Bullying is pervasive in America's public schools. Despite recent emphasis on character education programs and the passage of anti-bullying legislation, up to 30% of students are either bullies or victims, and over two-thirds of students believe their schools do not make sincere efforts to prevent bullying. Students with disabilities are particularly vulnerable; they are substantially more likely to be victims of bullying than their non-disabled peers, and the effects of bullying make these already at-risk students more likely to underperform academically and drop out of school. Student victims of certain types of bullying have had limited success in holding schools …

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A Key To Unlocking Your Iphone: Eliminating Wireless Service Providers' Use Of United States Copyright Law To Limit Consumer Choice And Provider Competition, Tate M. Keenan Jan 2008

A Key To Unlocking Your Iphone: Eliminating Wireless Service Providers' Use Of United States Copyright Law To Limit Consumer Choice And Provider Competition, Tate M. Keenan

Georgia Law Review

While consumers have a choice whether to purchase an iPhone, they have no choice in the wireless service provider that is linked to it. This is just one example of what has become a regular practice in the world of American cellular phones--cell phone locking. Today, modern American cell phone users stand at the mercy of wireless service providers. They are placed in this position in part because wireless service providers have had the inadvertent luxury of being overly protected by United States copyright law. As the law stands today, wireless service providers are not only free to lock handsets …

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A New Era Of Federal Sentencing: The Guidelines Provide District Court Judges A Cloak, But Is Gall Their Dagger?, Anna E. Papa Jan 2008

A New Era Of Federal Sentencing: The Guidelines Provide District Court Judges A Cloak, But Is Gall Their Dagger?, Anna E. Papa

Georgia Law Review

Federal district court judges today have a level of sentencing discretion that has been unknown since the adoption of the United States Sentencing Guidelines. This Note reviews the history of the Guidelines and outlines the problems that have resulted from the Supreme Court's decisions in Booker, Rita, and Gall This Note argues that the confusion may be clarified by giving effect to the text of 18 U.S.C. §3553(a), which requires that federal district court judges impose sentences that are sufficient, but not greater than necessary, and requires them to examine all the factors provided in the statute. The court's recent …

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Table Of Contents Jan 2008

Table Of Contents

Georgia Law Review

No abstract provided.

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The Burden Of Knowledge, Christian Turner Jan 2008

The Burden Of Knowledge, Christian Turner

Georgia Law Review

Sometimes we are better off not knowing things. While we often hear that "ignorance is bliss," there has not been a comprehensive consideration in the legal academy of the virtues of ignorance and its regulation. Though the distribution of knowledge, like the distribution of other goods, is affected both directly and indirectly by law, several characteristics of knowledge distinguish it from other kinds of property. Much has been written about the impact of the nonrival and nonexclusive nature of knowledge on its production and distribution. This Article centers around two other attributes of knowledge that combine to create a special …

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Child Welfare And Future Persons, Carter Dillard Jan 2008

Child Welfare And Future Persons, Carter Dillard

Georgia Law Review

While ethicists have delved deeply into the rights and wrongs of procreating,lawyers have had little to say about the matter, because they are stymied by practical concerns, by the tendency of the law to ignore prospective children and their interests,and by the misperception that a fundamental rights boundary absolutely forbids state intervention. But recently a small door has opened in this wall between law and ethics: courts faced with repeatedly having to remove abused and neglected children from parents judged unfit, have issued temporary no-procreation orders. As precedent builds and the possibility of ex ante regulation of procreation and parenthood …

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The Ongoing Royalty: What Remedy Should A Patent Holder Receive When A Permanent Injunction Is Denied?, Tim Carlton Jan 2008

The Ongoing Royalty: What Remedy Should A Patent Holder Receive When A Permanent Injunction Is Denied?, Tim Carlton

Georgia Law Review

Until recently, when an accused patent infringer was found liable for infringement, the Federal Circuit would grant,upon request, a permanent injunction preventing the infringer from further engaging in the infringing activity. In eBay v. MercExchange, the Supreme Court, in a rare review of a patent case, changed the Federal Circuit's standard of automatically granting permanent injunctions upon a finding of infringement. As a result, district courts are faced with a new dilemma: How should damages be calculated when a permanent injunction is denied? Some district courts that denied the patent holder's request for a permanent injunction have imposed an ongoing …

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Ritual, Emotion, And Political Belief: The Search For The Constitutional Limit To Patriotic Education In Public Schools, Brent T. White Jan 2008

Ritual, Emotion, And Political Belief: The Search For The Constitutional Limit To Patriotic Education In Public Schools, Brent T. White

Georgia Law Review

Young children across America begin the school day with ritualized expressions of loyalty to the United States. Relying upon evidence from the cognitive and neurosciences, this Article argues that such patriotic rituals embed patriotic predispositions in children's unconscious at a time when they are especially vulnerable to emotional manipulation. These patriotic predispositions in turn sharply constrain children's future conceptions of political reality and shape their political beliefs. Additionally, by conditioning the same symbolic attachments in the vast majority of Americans, ritualized patriotic education contributes to the manipulation of the public by public officials, legitimizes anti-democratic aspects of the American system, …

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The Online Zoom Lens: Why Internet Street-Level Mapping Technologies Demand Reconsideration Of The Modern-Day Tort Notion Of "Public Privacy", Andrew Lavoie Jan 2008

The Online Zoom Lens: Why Internet Street-Level Mapping Technologies Demand Reconsideration Of The Modern-Day Tort Notion Of "Public Privacy", Andrew Lavoie

Georgia Law Review

Internet mapping technologies provide detailed,overhead views of our world and have been in existence for practically a decade. In 2007, however, several private companies expanded the technology and began offering street-level imagery as an extra feature for their online map users. Google, the most notable company to take this step, created "Street View," which allows users to see major cities and metropolitan areas around the world from the still-frame perspective of a car passing by. These images display with considerable clarity, not only skyscrapers, parks, and private homes, but also-and more importantly-vehicles, bicyclists, and people on the streets at the …

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What Do We Have Against Parents?: An Assessment Of Judicial Bypass Procedures And Parental Involvement In Abortions By Minors, Wade Schueneman Jan 2008

What Do We Have Against Parents?: An Assessment Of Judicial Bypass Procedures And Parental Involvement In Abortions By Minors, Wade Schueneman

Georgia Law Review

It is the established law of the land that minors enjoy a limited right to terminate unwanted pregnancies. States may restrain the exercise of this right by requiring parental consent or notification, but they must allow minors an opportunity to bypass consent requirements. This Note examines the history and present state of judicial and nonjudicial bypass mechanisms. It details the constraints and requirements imposed by state and federal constitutions, assesses the current landscape of parental involvement statutes, and provides prescriptive analysis as to how states might choose to refine and improve their bypass mechanisms to better protect parental rights.

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Women Of The Sisters' Hall: Religion And The Making Of Women's Alternative Space In Taiwan's Economic Restructuring, Anru Lee Jan 2008

Women Of The Sisters' Hall: Religion And The Making Of Women's Alternative Space In Taiwan's Economic Restructuring, Anru Lee

Publications and Research

No abstract provided.

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