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2013

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The Problem With The Bureau Of Land Management's Delegation Of Wildlife Management In Wilderness, Lindsay S. Jones Jan 2013

The Problem With The Bureau Of Land Management's Delegation Of Wildlife Management In Wilderness, Lindsay S. Jones

Georgia Law Review

Congress passed the Wilderness Act of 1964 "to secure for
the American people of present and future generations the
benefits of an enduring resource of wilderness." When it
passed the Act, Congress preserved over 9 million acres of
federal lands; and since then, the National Wilderness
Preservation System has been expanded by more than 100
million acres. The Act requires the federal agencies to
manage the wilderness areas to preserve their wilderness
character and to leave the lands unimpaired for future
generations.
Wildlife is an integral part of what makes wilderness
worth preserving. Despite the vital role wildlife plays in …

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Taking A Toll On The Equities: Governing The Effect Of The Plra's Exhaustion Requirement On State Statutes Of Limitations, Keri E. Mccrary Jan 2013

Taking A Toll On The Equities: Governing The Effect Of The Plra's Exhaustion Requirement On State Statutes Of Limitations, Keri E. Mccrary

Georgia Law Review

If prisoners are required by federal law to exhaust
institutional remedies before they may file suit in federal
court, should a prisoner with a legitimate claim suffer
dismissal by the federal court if the statute of limitations
lapses during the time the prisoner spends exhausting
administrative remedies? The Prisoner Litigation Reform
Act (PLRA) of 1996 offers no guidance. Federal courts
may choose to apply equitable tolling to a prisoner's claim
should this predicament arise, saving it from dismissal
based on tardiness, but nothing requires the court to do so.
The PLRA's enigmatic exhaustion requirement has
engendered much litigation, and the …

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Reflecting Risk: Chemical Disclosure And Hydraulic Fracturing, Sara Gosman Jan 2013

Reflecting Risk: Chemical Disclosure And Hydraulic Fracturing, Sara Gosman

Georgia Law Review

In the last three years, twenty-two states have responded to public concern about high-volume hydraulic fracturing by requiring disclosure of the chemicals injected into oil and gas wells. Central to these policies is a nationwide website known as "FracFocus,"which now contains data on almost 56,000 wells. No environmental issue in recent memory has spurred such a fast and uniform policy response by the states, a response that is more remarkable given the contested nature of hydraulic fracturing. Drawing on the fields of risk science and decision science, the Article examines the virtues and perils of chemical disclosure as a policy …

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Killers Shouldn't Inherit From Their Victims-Or Should They?, Carla Spivack Jan 2013

Killers Shouldn't Inherit From Their Victims-Or Should They?, Carla Spivack

Georgia Law Review

This Article questions, for the first time, the equitable and policy basis of Slayer Rules, the rules that bar killers from inheriting from those they kill. It shows that killings that involve inheritance usually occur as a result of domestic abuse or severe mental illness, and argues that, because the legal and social service systems offer little help to those trapped in abusive relationships or those disabled by mental illness, it is not justifiable for those systems to deprive the killer of an inheritance when he or she takes the only means of escape available.

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The Great Bankrupt Divide: Amending The Rights Of Trademark Licensees Under The Code, Sumner R. Pugh Iv Jan 2013

The Great Bankrupt Divide: Amending The Rights Of Trademark Licensees Under The Code, Sumner R. Pugh Iv

Georgia Law Review

The federal circuit courts are split over whether a licensee has the right to continue using a licensed trademark after the license is rejected in bankruptcy. In Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, the Seventh Circuit held that rejection does not abrogate the licensee's right to use the licensed trademark, a decision that expressly rejects the Fourth Circuit's contrary holding that rejection ends a licensee's right to use the licensed mark. While this Note argues that the Fourth Circuit interpreted and applied the Bankruptcy Code accurately in Lubrizol Enterprises v. Richmond Metal Finishers, it finds that the effect …

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Protect Yourself: Why The Eleventh Circuit's Approach To Sanctions For Protective Order Violations Fails Litigants, Adam J. Fitzsimmons Jan 2013

Protect Yourself: Why The Eleventh Circuit's Approach To Sanctions For Protective Order Violations Fails Litigants, Adam J. Fitzsimmons

Georgia Law Review

Litigants commonly struggle to balance the need to comply with discovery requests and the desire to protect valuable trade secrets. Protective orders to help strike that balance. Questions arise, however, when one of the parties violates that protective order and discloses the opponent's confidential information. Chiefly, what remedies are available for a party whose invaluable intellectual property has been disclosed? At least one circuit has held the most common sanction, payment of attorney's fees, is unavailable for a violation of a protective order. Generally, Federal Rule of Civil Procedure 37(b)(2) governs sanctions for violations of discovery orders, but the text …

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Consumer Engagement In Travel-Related Social Media, Xu Li Jan 2013

Consumer Engagement In Travel-Related Social Media, Xu Li

Electronic Theses and Dissertations

The term of "consumer engagement" is extensively used in the digital era. It is believed that engaged consumers play an important role in products/services referral and recommendation, new product/service development and experience/value co-creation. Although the notion of consumer engagement sounds compelling, it is not fully developed in theory. Different interpretations coexist, resulting in confusion and misuse of the concept. This study attempts to define consumer engagement and develop a conceptual framework of consumer engagement, addressing antecedents of consumer engagement in online context. Moreover, some situational and social media usage-related factors are incorporated into the framework. A set of propositions are …

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An Exploratory Study Of Customer Vulnerability: A Cross-Segment Approach, Taryn Aiello Jan 2013

An Exploratory Study Of Customer Vulnerability: A Cross-Segment Approach, Taryn Aiello

Electronic Theses and Dissertations

The purpose of this study is to explore the concept of customer vulnerability across varying service industries. While the concept of customer vulnerability has been debated in business, marketing, sociology, and psychology scholarly literature, there has been little research conducted that specifically investigates consumers’ perceptions of vulnerability during the service exchange. Specific to this research, customer vulnerability is defined as experiences in which consumers participate in a service exchange with a firm during a time of individual or shared medical, physical, emotional, or spiritual necessity, whether the vulnerability is experienced during the course of the transaction or whether consumers arrive …

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“Where’S Beebee?”: The Orphan Crisis In Global Child Welfare From An Autoethnographic Perspective, Katherine Tyson Mccrea Jan 2013

“Where’S Beebee?”: The Orphan Crisis In Global Child Welfare From An Autoethnographic Perspective, Katherine Tyson Mccrea

Social Work: School of Social Work Faculty Publications and Other Works

No abstract provided.

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Making Higher Education More Affordable, One Course Reading At A Time: Academic Libraries As Key Advocates For Open Access Textbooks And Educational Resources, Karen Okamoto Jan 2013

Making Higher Education More Affordable, One Course Reading At A Time: Academic Libraries As Key Advocates For Open Access Textbooks And Educational Resources, Karen Okamoto

Publications and Research

Open access textbooks (OATs) and educational resources (OERs) are being lauded as a viable alternative to costly print textbooks. Some academic libraries are joining the OER movement by creating guides to open repositories. Others are promoting OATs and OERs, reviewing them, and even helping to create them. This article analyzes how academic libraries are currently engaged in open access textbook and OER initiatives. By drawing on examples of library initiatives across the United States, the author illustrates how libraries are facilitating the adoption and implementation of these affordable resources.

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Stage As Street: Representation At The Juncture Of The Arts And Justice, E. Gabriel Dattatreyan, Daniel L. Stageman Jan 2013

Stage As Street: Representation At The Juncture Of The Arts And Justice, E. Gabriel Dattatreyan, Daniel L. Stageman

Publications and Research

Arts educators working with court-involved youth face a set of complex and imbricated challenges. First, how do we gain the interest of the young people we would have participate in what we imagine are col-laborative and mutually generative projects? Second, how do we mediate representational tensions when the project is not solely therapeutic but has a broader public pedagogical purpose—to disrupt the simplistic and pathologizing discourses of poverty and violence that so often capture young men and women of color in the United States? (Bourgois, 2002; Noguera, 2008). Third, and not least, how do we navigate the institutional settings where …

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Alchemy And Inquiry: Reflections On An Inside-Out Research Roundtable, Sarah Allred, Angela Bryant, Simone Weil Davis, Kurt Fowler, Phil Goodman, Jim Nolan, Lori Pompa, Barbara Sherr Roswell, Daniel L. Stageman Jan 2013

Alchemy And Inquiry: Reflections On An Inside-Out Research Roundtable, Sarah Allred, Angela Bryant, Simone Weil Davis, Kurt Fowler, Phil Goodman, Jim Nolan, Lori Pompa, Barbara Sherr Roswell, Daniel L. Stageman

Publications and Research

In 2008, The Inside-Out Prison Exchange Program convened a Research Committee to (1) facilitate a collective, critical, and professional consciousness about social justice, crime, and incarceration through the exploration of the Inside-Out program pedagogy, impact, and effectiveness; (2) develop and encourage proposals for various types of research that focus on The Inside-Out Prison Exchange Program; and (3) establish ethical guidelines for inquiry that would meet and exceed the federal human subjects guidelines in research practices. In fall 2012, Research Committee members Sarah Allred, Angela Bryant, Phil Goodman, Kurt Fowler, Jim Nolan, Lori Pompa, and Dan Stageman joined with Simone Davis …

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What Is Philosophy Of Criminal Law?, Youngjae Lee Jan 2013

What Is Philosophy Of Criminal Law?, Youngjae Lee

Faculty Scholarship

No abstract provided.

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Weight Loss Surgery Maintenance And Psychosocial Development: A Narrative Perspective, Carrie J. L. Hickman Jan 2013

Weight Loss Surgery Maintenance And Psychosocial Development: A Narrative Perspective, Carrie J. L. Hickman

Walden Dissertations and Doctoral Studies

Bariatric surgery is not the panacea it was once thought to be for weight loss. Due to patient noncompliance issues, many weight loss surgery patients are relapsing and regaining the significant amounts of weight that bariatric surgery had initially helped them to lose. This failure is costly monetarily, psychologically, and medically to both the patient and to society. Using the narratives of 32 post-weight loss surgery patients, this narrative study explored: (a) whether Erikson's psychosocial stages of development occur after weight loss surgery, (b) whether successful patients (defined as those who are able to maintain their weight loss long term) …

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Beyond Our Hearts: The Ecology Of Couple Relationships, Holning S. Lau Jan 2013

Beyond Our Hearts: The Ecology Of Couple Relationships, Holning S. Lau

Faculty Publications

No abstract provided.

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The Home-State Test For General Personal Jurisdiction, Howard M. Erichson Jan 2013

The Home-State Test For General Personal Jurisdiction, Howard M. Erichson

Faculty Scholarship

This article attempts to articulate the due process test for general in personam jurisdiction. It frames the question as what gives a state sufficiently plenary power over a person that the state may adjudicate claims against the person regardless of where the claims arose, and it answers that question in terms of a home-state relationship between the defendant and the forum state. Written for a roundtable on the upcoming Supreme Court case of DaimlerChrysler AG v. Bauman, the article urges the Court to state the home-state test for general jurisdiction more clearly than it did two years ago in Goodyear …

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Firearms Policy And The Black Community: An Assessment Of The Modern Orthodoxy, Nicholas J. Johnson Jan 2013

Firearms Policy And The Black Community: An Assessment Of The Modern Orthodoxy, Nicholas J. Johnson

Faculty Scholarship

The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling a century old practice. And when delta share cropper Hartman Turnbow, after a shootout with the Klan, said “I don’t figure I was being non-nonviolent, (yes non-nonviolent) I was just protecting my family”, he was invoking an evolved tradition that embraced self-defense and disdained political …

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Religion And Theistic Faith: On Koppelman, Leiter, Secular Purpose, And Accomodations, Abner S. Greene Jan 2013

Religion And Theistic Faith: On Koppelman, Leiter, Secular Purpose, And Accomodations, Abner S. Greene

Faculty Scholarship

What makes religion distinctive, and how does answering that question help us answer questions regarding religious freedom in a liberal democracy? In their books on religion in the United States under our Constitution, Andrew Koppelman (DefendingAmerican Religious Neutrality) and Brian Leiter (Why Tolerate Religion?) offer sharply different answers to this set of questions. This review essay first explores why we might treat religion distinctively, suggesting that in our constitutional order, it makes sense to focus on theism (or any roughly similar analogue) as the hallmark of religious belief and practice. Neither Koppelman nor Leiter focuses on this, in part because …

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Faithful Agency Versus Ordinary Meaning Advocacy, James J. Brudney Jan 2013

Faithful Agency Versus Ordinary Meaning Advocacy, James J. Brudney

Faculty Scholarship

This Article contends that ordinary meaning analysis based on dictionaries and language canons cannot be reconciled with the faithful agent model. Fidelity to Congress as a principal entails fidelity to its lawmaking enterprise, not to words or sentences divorced from that enterprise. Congress has indicated that it does not value dictionaries as part of its lawmaking process, and it ascribes at most limited weight to language canons in that process. Further, Justices advocating ordinary meaning analysis too often use dictionary definitions, and language canons such as the rule against surplusage, the whole act rule, and ejusdem generis, in ways that …

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Military Veterans, Culpability, And Blame, Youngjae Lee Jan 2013

Military Veterans, Culpability, And Blame, Youngjae Lee

Faculty Scholarship

Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are …

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Charter Schools, The Establishment Clause, And The Neoliberal Turn In Public Education, Aaron J. Saiger Jan 2013

Charter Schools, The Establishment Clause, And The Neoliberal Turn In Public Education, Aaron J. Saiger

Faculty Scholarship

Regardless whether the American charter school can improve academic performance and provide effective alternatives to traditional public schools, its steady entrenchment as an institution portends significant, destabilizing changes across education law. In no area will its impact be more profound than the law of religion and schooling. Despite the general view that charter schools are public schools, charters’ neoliberal character — they are privately created and managed, and chosen by consumers in a marketplace — makes them private schools for Establishment Clause purposes, notwithstanding their public subsidy. This conclusion, which rests in substantial part on the Zelman v. Simmons-Harris vouchers …

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The Fraud-On-The-Market Tort, John C.P. Goldberg, Benjamin C. Zipursky Jan 2013

The Fraud-On-The-Market Tort, John C.P. Goldberg, Benjamin C. Zipursky

Faculty Scholarship

Fraud on the market is at the core of contemporary securities law, permitting 10b-5 class actions to proceed without direct proof of investor reliance on a misrepresentation. Yet the ambiguities of this idea have fractured the Supreme Court from its initial recognition of the doctrine in Basic v. Levinson to its recent decision in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds. Amidst divergent views of the coherence and advisability of liability for fraud on the market a fundamental question lurks: is a suit for damages that invokes the fraud-on-the-market theory a claim for common law deceit, such that …

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Federal Criminal Discovery Reform: A Legislative Approach, Bruce A. Green Jan 2013

Federal Criminal Discovery Reform: A Legislative Approach, Bruce A. Green

Faculty Scholarship

In general, discovery is far narrower in federal criminal cases than in federal civil litigation. Under current federal law, prosecutors do not have to disclose evidence and information that is favorable to the defense for its use in investigating, advising the defendant, plea negotiations or trial, unless the favorable evidence falls within one of several narrow categories or might be probative enough to produce an acquittal. Proponents of broader federal criminal discovery law express concern both that disclosure is too limited to ensure fair outcomes and provide a fair process in criminal cases and that prosecutors do not universally comply …

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Notices Jan 2013

Notices

Contemporary Aesthetics (Journal Archive)

No abstract provided.

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What Is Aesthetic Engagement?, Arnold Berleant Jan 2013

What Is Aesthetic Engagement?, Arnold Berleant

Contemporary Aesthetics (Journal Archive)

No abstract provided.

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The World Achieved: Film And The Enacted Mind, John M. Carvalho Jan 2013

The World Achieved: Film And The Enacted Mind, John M. Carvalho

Contemporary Aesthetics (Journal Archive)

Stanley Cavell taught us that films give us a view of a world that differs from the world in which we view films only by not being that world. Films, that is, screen a world for us and screen us from a world that is not our own. Cavell’s view is based on a photographic conception of film images. A film is composed of photographic images collected on reels and put in motion at twenty-four frames per second. In “More of the World Viewed,” Cavell dares us to come up with a theory of perception that challenges the assumption that …

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Hegel's Symbolic Stage: An Old Perspective On Contemporary Art, Laura T. Disumma-Koop Jan 2013

Hegel's Symbolic Stage: An Old Perspective On Contemporary Art, Laura T. Disumma-Koop

Contemporary Aesthetics (Journal Archive)

This paper proposes an evaluation of contemporary art works in light of some of the concepts embedded in Georg Wilhelm Friedrich Hegel’s symbolic stage. My belief is that an analysis of Hegel’s conditions for the affirmation of art opens the door to a discussion of contemporary artistic trends, a discussion that also takes distance from the (perhaps) abused question of what defines art. Art does more than question itself; art questions, and challenges, the nature of our perception.

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Annual Reports Of The Town Of Seabrook, New Hampshire For The Year Ending December 31st, 2012, As Compiled By The Town Officers., Seabrook Town Representatives Jan 2013

Annual Reports Of The Town Of Seabrook, New Hampshire For The Year Ending December 31st, 2012, As Compiled By The Town Officers., Seabrook Town Representatives

Seabrook, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

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Why Legal Positivism (Again), Brian Leiter Jan 2013

Why Legal Positivism (Again), Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

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Toward A Positive Theory Of Privacy Law, Lior Strahilevitz Jan 2013

Toward A Positive Theory Of Privacy Law, Lior Strahilevitz

Public Law and Legal Theory Working Papers

No abstract provided.

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