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Table Of Contents

Georgia Law Review

No abstract provided.

The Modern Trial And Evidence Law: Has The "Rambling Altercation" Become A Pedantic Joust?, Daniel D. Blinka

Georgia Law Review

This Article places the relationship between evidence
rules and the modern trial in a historical context. The
trial's foundation is in popular culture-lay witnesses
testifying before a lay jury. Eighteenth-century trials were
a "rambling altercation" between the defendant and his
accusers-unruly (literally), unstructured, very brief, and
less concerned with the "truth"than a socially acceptable
judgment. The modern trial's emergence in the nineteenth
century coincided with the professionalization of law, the
active involvement of lawyers as advocates, and the
sprouting of evidence rules to regulate both lawyers and
lay juries. Nonetheless, evidence law accommodated
prevailing lay culture in order to foster …

Judicial Gatekeeping Of Suspect Evidence: Due Process And Evidentiary Rules In The Age Of Innocence, Keith A. Findley

Georgia Law Review

The growing number of wrongful convictions exposed
over the past two-and-a-half decades, and the research
that points to a few recurring types of flawed evidence in
those cases, raise questions about the effectiveness of the
rules of evidence and the constitutional admissibility
standards that are designed to guard against unreliable
evidence. Drawing on emerging empirical data, this
Article concludes that the system can and should be

adjusted to do a better job of guarding against undue
reliance on flawed evidence. The Article first considers the
role of reliability screening as a constitutional concern.
The wrongful convictions data identify what might …

The Degrading Character Rule In American Criminal Trials, Paul S. Milich

Georgia Law Review

The rule prohibiting evidence of the accused's bad
character is steadily degrading as courts and legislatures
expand existing exceptions and add new ones. In Georgia,

we saw the rule almost disappear as trial courts blithely
admitted a defendant's past crimes to prove his or her
"bent of mind" to commit the crime charged. This Article
examines why the character rule is losing ground.
The thesis is that a rule requiring as much careful
balancing as the character rule needs a clear, strong
justification to hold its own when faced with competing
claims to admit the evidence in the search for …

Searching For Truth In The American Law Of Evidence And Proof, D. Michael Risinger

Georgia Law Review

The ideology of the trial process puts discovery of truth
at center stage. This is made clear by the language of
Federal Rule of Evidence 102, upon which New Georgia
Rule of Evidence 24-1-1 is obviously based. Both of these
rules make the ascertainment of truth one of the two goals
of the trial (just determination being the other). However,
the term "truth" has been used in many ways in many
different contexts and traditions. What notion of truth did
the drafters have in mind?
This Article answers that question by reference to what
has come to be known as …

The Epistemological Trend In The Evolution Of The Law Of Expert Testimony: A Scrutiny At Once Broader, Narrower, And Deeper, Edward J. Imwinkelried

Georgia Law Review

The thesis of this Article is that we are moving toward a
fundamentally epistemological approach to determining
the admissibility of expert testimony. The first part of the
Article notes that while many Frye jurisdictions exempted
soft science and nonscientific expertise, the Daubert line of
authority mandates that like an epistemologist, a trial
judge examine knowledge claims by any expert. The
second part addresses the question of the breadth of the
judge's analysis. The second part points out that under

the marketplace and general acceptance tests, courts
sometimes conducted a global analysis and inquired
generally whether the discipline itself was recognized …

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 …

Guest Satisfaction Analysis Of A Casual Dining Restaurant: A Comparison Of Tourist Vs Non-Tourist Satisfaction Scores., Jessica Wickey

Electronic Theses and Dissertations

Purpose - The purpose of this study is to analyze guest/customer satisfaction surveys of a casual dining restaurant in the Orlando, Florida area; specifically, to analyze if there is a difference between satisfaction levels of tourist and non-tourist guests. The guest satisfaction surveys were analyzed on eight dimensions of satisfaction; Pace of Service, Service Overall, Server Communication & Accuracy, Food (Taste & Quality), Food Preparation, Bar (Beer, Wine, & Cocktail), Gratefulness, and Atmosphere in whole (including atmosphere and cleanliness).The eight dimensions were evaluated in the GPS (guest pulse survey) based on a Net Promoter Score, or NPS® system, and were …

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 …

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.

What Is Philosophy Of Criminal Law?, Youngjae Lee

Faculty Scholarship

No abstract provided.

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) …

The Regulation Of Race In Science, Kimani Paul-Emile

Faculty Scholarship

The overwhelming majority of biological scientists agree that there is no such thing as race among modern humans. Yet, scientists regularly deploy race in their studies, and federal laws and regulations currently mandate the use of racial categories in biomedical research. Legal commentators have tried to make sense of this paradox primarily by looking to equal protection strict scrutiny analysis. However, the colorblind approach that attends this doctrine — which many regard as synonymous with invalidation — does not offer a particularly useful way to think about the use of race in research. It offers no way to address how …

Trademark Cosmopolitanism, Sonia K. Katyal

Faculty Scholarship

The world of global trademarks can be characterized in terms of three major shifts: first, a shift from national to global branding strategies; second, a shift from national and regional systems to harmonized international regimes governing trademark law; and third, a concurrent shift from local to transnational social movements that challenge branding and other corporate practices. The rise of transnational brands brings with it an attendant series of legal shifts in trademark law. Long considered the stepchild of intellectual property law, today, trademark law has morphed into a powerful global legal phenomenon, revealing a foundational shift from national and regional …

The Right To Plea Bargain With Competent Counsel After Cooper And Frye: Is The Supreme Court Making The Ordinary Criminal Process Too Long, Too Expensive, And Unpredictable In Pursuit Of Perfect Justice, Bruce A. Green

Faculty Scholarship

In Lafler v. Cooper and Missouri v. Frye, the Supreme Court recently ruled in favor of criminal defendants who were deprived of a favorable plea offer because of their lawyers’ professional lapses. In dissent, Justice Scalia complained that “[t]he ordinary criminal process has become too long, too expensive, and unpredictable,” because of the Court’s criminal procedure jurisprudence; that plea bargaining is “the alternative in which...defendants have sought relief,” and that the two new decisions on the Sixth Amendment right to effective representation in plea bargaining would add to the burden on the criminal process. This essay examines several aspects of …

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 …

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 …

Waylaid By A Metaphor: A Deeply Problematic Account Of Prison Growth. Review Of Plague Of Prisons: The Epidemiology Of Mass Incarceration In America By Ernest Drucker, John F. Pfaff

Faculty Scholarship

This article reviews Ernest Drucker's recent book, "A Plague of Prisons: The Epidemiology of Mass Incarceration in America," which attempts to explain the causes behind the explosion in prison growth over the past several decades. The account proves to be unsatisfying, and this review highlights four major flaws with Drucker's work. First, Drucker places too much weight on the war on drugs. While he argues it is the primary engine of prison growth, the increase in drug incarcerations explains only about 25% of the total growth since the 1970s. Second, he significantly underplays the importance of soaring crime rates between …

Notices

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Aesthetic Engagement, Ecosophy C, And Ecological Appreciation, Cheng Xiangzhan

Contemporary Aesthetics (Journal Archive)

No abstract provided.

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 …

The Violence Of Post-Racial Memory And The Political Sense Of Mourning, Alfred Frankowski

Contemporary Aesthetics (Journal Archive)

In this paper I argue that “post-raciality” entails a way of remembering that depoliticizes the social meaning of memory and thus of history. Through aesthetic critique, I attempt to show how the hyper-production of memory obscures the very real forms of violence directed toward non-whites. By developing the aesthetic critiques of W.E.B. Du Bois and Walter Benjamin, I argue that representing former violence as social memory fails to adequately address subtle forms of cultural and residual violence. Furthermore, I argue that post-racial memory produces sites and representations of the past only to enact a type of social forgetting in the …

Elections And Alignment, Nicholas Stephanopoulos

Public Law and Legal Theory Working Papers

Election law doctrine has long been dominated by rights-and-interests balancing: the weighing of the rights burdens imposed by electoral regulations against the state interests that the regulations serve. For the last generation, the election law literatu

Why Legal Positivism (Again), Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

Toward A Positive Theory Of Privacy Law, Lior Strahilevitz

Public Law and Legal Theory Working Papers

No abstract provided.

Federalism, Liberty, And Risk In Nifb V. Sebelius, Aziz Huq

Public Law and Legal Theory Working Papers

This book chapter analyzes the Supreme Court’s decision in National Federation of Independent Business (NFIB) v. Sebelius. Contra conventional wisdom, it argues that the pivotal opinion of Chief Justice Roberts is not well explained in federalism terms. Rather, the decision is best understood in light of entrenched historical understandings of the federal government’s appropriate role in managing diverse species of risk.

Beccaria's 'On Crimes And Punishments': A Mirror On The History Of The Foundations Of Modern Criminal Law, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

No abstract provided.

'Becker And Foucault On Crime And Punishment': A Conversation With Gary Becker, François Ewald, And Bernard Harcourt: The Second Session, Bernard E. Harcourt, Gary S. Becker, François Ewald

Public Law and Legal Theory Working Papers

No abstract provided.

Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard H. Mcadams

Public Law and Legal Theory Working Papers

No abstract provided.

Nietzsche Against The Philosophical Canon, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.