Law Commons^™

American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman

Scholarly Works

Book review of Religion and the American Constitutional Experiment, 5th ed. By John Witte Jr., Joel A. Nichols, and Richard W. Garnett. Oxford: Oxford University Press, 2022. Pp. 464. $150.00 (cloth); $39.95 (paper); $26.99 (digital). ISBN: 9780197587614.

Uga School Of Law Covid-19 Employee Flow Chart, Fall 2020, University Of Georgia School Of Law, Rachel S. Evans

COVID-19 Pandemic Archive

The University of Georgia School of Law created many working groups to prepare key signage and other resources related to COVID-19 for the law school community as they prepared to reopen the facility and resume hybrid classes for Fall 2020. Two flow charts were created and distributed to faculty, staff and students in August 2020 under advisement from Dean Peter B. Rutledge in consultation with members of UGA's College of Veterinary Medicine, Department of Population Health and the AU/UGA Medical Partnership. UGA Law Librarian Rachel Evans assisted with the graphic design aspect of this resource.

A generic template of this …

Uga School Of Law Covid-19 Student Flow Chart, Fall 2020, University Of Georgia School Of Law, Rachel S. Evans

COVID-19 Pandemic Archive

The University of Georgia School of Law created many working groups to prepare key signage and other resources related to COVID-19 for the law school community as they prepared to reopen the facility and resume hybrid classes for Fall 2020. Two flow charts were created and distributed to faculty, staff and students in August 2020 under advisement from Dean Peter B. Rutledge in consultation with members of UGA's College of Veterinary Medicine, Department of Population Health and the AU/UGA Medical Partnership. UGA Law Librarian Rachel Evans assisted with the graphic design aspect of this resource.

A generic template of this …

A Culture Of Shared Responsibility School Of Law Infographic, University Of Georgia School Of Law, Rachel S. Evans

COVID-19 Pandemic Archive

The University of Georgia School of Law created many working groups to prepare key signage and other resources related to COVID-19 for the law school community as they prepared to reopen the facility and resume hybrid classes for Fall 2020. A two page infographic-style guide was created and distributed to faculty and staff in August 2020 under advisement from Dean Peter B. Rutledge in consultation with members of UGA's College of Veterinary Medicine, Department of Population Health and the AU/UGA Medical Partnership. UGA Law Librarian Rachel Evans assisted with the graphic design aspect of this resource.

An email with similar …

3 W'S Sign, University Of Georgia School Of Law

COVID-19 Pandemic Archive

The University of Georgia School of Law created many working groups to prepare key signage and other resources related to COVID-19 for the law school community as they prepared to reopen the facility and resume hybrid classes for Fall 2020. A3 W's infographic-style sign was created and distributed throughout building spaces including hallways, classrooms and bathrooms in August 2020. UGA Law Librarian Rachel Evans assisted with the graphic design aspect of this resource.

An email with similar messaging emphasizing the "culture of shared responsibility" and the "3 W's" was circulated by Dean Rutledge on July 30, 2020. This email is …

Time Traveling With Timelines: Web Apps For Storytelling In Libraries, Sharon Bradley, Rachel S. Evans

Articles, Chapters and Online Publications

From online embeds to interactive displays, timelines can serve many purposes and tell powerful stories. At the University of Georgia’s Law Library we have teamed up with faculty and staff to bring history to life, engage students, and preserve scholarly and institutional milestones. Through trial and error we have found a variety of tools for creating timelines digitally. In this article we share our four favorite web-based applications for creating timelines including Tiki-Toki, TimeToast, Prezi and Piktochart.

The Primitive Lawyer Speaks!: Thoughts On The Concepts Of International And Rabbinic Laws, Harlan G. Cohen

Scholarly Works

A feature of the Norman J. Shachoy Symposium: The Rabbinic Idea of Law: Interactions and Implications

Inspired by Chaim Saiman’s brilliant book, Halakhah: The Rabbinic Idea of Law, this essay draws connections between the lived experiences of international law and Jewish law, focusing in particular on (1) the centrality of practice, (2) the search for and construction of authority in communities of practice (the “invisible college”), (3) the challenges and opportunities of fragmentation and pluralism, and (4) the difficulty translating their methods to more state-like institutions, like courts and legislation. The hope is that this testimony of one of H.L.A. …

How To Create A Stunning Video Orientation By Hand, Rachel S. Evans

Articles, Chapters and Online Publications

This article describes the multi-faceted approach UGA Law Library took with their fall 2018 first year student orientation. It describes the process of the creating a virtual tour experience, pairing it with a hybrid face-to-face event, and assessing the impact of all aspects of the orientation. The creation of the video itself involved a multi-media approach using a combination of visual arts and technology to animate a product that has a longer expiration than traditional video or in-person library orientations offer.

From Print To Digital And Back Again: Lessons From A Library Newsletter, Rachel S. Evans

Presentations

UGA Law Library’s longstanding newsletter Amicus Briefs first saw circulation in 1984. Over a period of more than 30 years the publication has changed hands, formats and styles many times. Today the newsletter is published both electronically and physically, and in 2017 is now further expanding its reach via podcasting. This session will trace one library newsletter’s journey, sharing lessons learned along the way about platform and content choices, marketing and dissemination, and measuring readership. The past and present technology used will also be discussed including HTML, Drupal, WordPress, MailChimp, Google Analytics, Facebook and Piktochart.

A Snitch In Time: An Historical Sketch Of Black Informing During Slavery, Andrea L. Dennis

Scholarly Works

This article sketches the socio-legal creation, use, and regulation of informants in the Black community during slavery and the Black community’s response at that time. Despite potentially creating benefits such as crime control and sentence reduction, some Blacks today are convinced that cooperation with government investigations and prosecutions should be avoided. One factor contributing to this perspective is America’s reliance on Black informants to police and socially control Blacks during slavery, the Civil Rights Movement, and the Wars on Drugs, Crime and Gangs. Notwithstanding this historical justification for non-cooperation, only a few informant law and policy scholars have examined closely …

Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell

Scholarly Works

From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process” have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was …

Mexico: The Case For Creation Of A National Court Of Human Rights, Nauhcatzin T. Bravo-Aguilar

LLM Theses and Essays

The continuing oppression and violation of human rights in Mexico is predicated on the abuse of executive power, suppression of the powers of the Comision Nacional de Derechos Humanos (the National Commission for the Protection of Human Rights), and the usurpation of the authority of the judiciary. This thesis conducts a comparative analysis of the protection of human rights under the Constitution of the United States, the German Basic Law, and the Constitution of Mexico. It analyses the concept of the judicial review of executive and legislative powers and advocates for the establishment of a National Court of Human Rights …

Hazardous Waste Determination And Government Enforcement Actions In The Resource Conservation And Recovery Act And The Law No. 24051: Comparison Between The United States And Argentina, Eduardo Jose Conghos

LLM Theses and Essays

The incremental generation and disposal of hazardous waste, causing severe environmental pollution, has become one the world’s most important ecological problems starting with the Stockholm Conference in 1972. This paper examines two legislative reactions to pollution caused by hazardous wastes in the United States, under the Resource Conservation and Recovery Act 1976 (RCRA), and Argentina, in Law No. 24051. This paper makes a comparative analysis of the material provisions of both the RCRA and the Law with emphasis on the tools and actions provided for the enforcement of the RCRA and the Law. The paper concludes that the RCRA and …

Copyright On The Internet: A Comparison Of U.S. And E.C. Protection, Erik Daems

LLM Theses and Essays

The advancement in technology, the information super highway and the internet have threatened the intellectual property of copyright owners. There is now, a relative ease in the copying, reproduction and transmission of copyrighted work through digitization. This thesis explores the legal systems of the United States, and the European Community, and their proposals towards adequate protection of works from copyright infringement. The thesis examines the competing interests of the copyright owner, the rights of users of the internet, and the role of the legislators in the United States and the European Community in balancing and protecting these interests.

A New Regulatory Environment For The Telecommunication Industry, Jerome Lavigne Delville

LLM Theses and Essays

The idea of information superhighways has been spurred by consumer demand, technological development and political institutions. These advancements and interests require a regulatory framework to control the operation of, and competition within the telecommunications industry. This paper focuses on government regulation of telecommunication carriers, information services (internet), video-programming and wireless telecommunication (spectrum). This paper also highlights the roles of the Federal Communication Commission (FCC) under the Telecommunications Act of 1996 as compared to previous laws prior to the 1996 Act.

American Depository Receipts As A Way For Russian Companies To Enter The U.S. Capital Market, Dmitry Gladkov

LLM Theses and Essays

The international capital market has become more developed in the last two decades because of advances in information technology, increased co-operation among financial regulators and the sophistication of the market players. This paper focuses on depository receipts as an essential element in the market integration process. The paper explores how domestic investors and corporations can acquire, issue and trade in foreign securities on the major stock markets of other countries, especially emerging markets such as the Russian Federation. This paper reviews the development of European Depository Receipts (EDRs), Global Depository Receipts (GDRs) and the American Depository Receipts (ADRs) in the …

The Impact Of The Kodak Decision To Antitrust Tying Challenges In Trademark Licensing: The Search For Legal Certainty, Clotilde Forest

LLM Theses and Essays

The recent increase in trademark licensing has drawn the attention of antitrust authorities. This paper focuses on establishing patterns as to the validity, under antitrust law, of “hot” clauses present in medium to long term marketing programs especially in the light of the recent decision of the Supreme Court of the United States in Eastman Kodak Co. v. Image Technical Services, Inc., 504 U.S. 451 (1992). The paper explores the contractual policy of having stable legal standards to ensure an efficient implementation of contractual terms that are immunized from adverse antitrust challenges throughout the term of the contract. This paper …

Copyright Protection Of Software, Severine Desimpelaere

LLM Theses and Essays

Computer technology has developed within the last decades with many advancements which require intellectual property protections. This thesis addresses the need for the legal protection of software by the vast body of copyright laws. This thesis examines the history, nature, textual and practical compositions of copyright laws and their adaptability to computer technology. The thesis further analyses the scope of copyright protection with emphasis on the Computer Software Copyright Act of 1980 (CSCA), the regime of international conventions for the protection of software as well as other statutory protections for the owners and users of the software. The thesis concludes …

"The Worst Of Both Worlds" Or Was The Therapeutic Mission Of The Juvenile Court System A One-Way-Street? - The German Juvenile Court System Compared To The American Situation, Joerg Fries

LLM Theses and Essays

Juvenile delinquency and convictions are on a record high in the United States and Germany, and there are concerns about balancing the diversionary interests of the juvenile justice system with the need for public safety. This thesis focuses on a comparison between the German and American Juvenile Court systems by exploring the different theories of punishment, sentencing, criminal law, juvenile delinquency and public safety. The thesis examines the birth of the parens patriae concept and establishment of the American juvenile court, as well as the problems of balancing the penal nature of the criminal law, rehabilitative goals of the juvenile …

Obtaining Damages From Unconstitutional Convictions: A Comparative Study Between Habeas Corpus And Amparo, Francisco Donde

LLM Theses and Essays

This thesis focuses on the right of victims of political and other unconstitutional convictions to obtain legal relief in Mexico. The thesis critically examines the writs of Amparo and habeas corpus, their uses and enforcements in Mexico, including, the policy for the creation of the writs – liberty. This thesis makes a comparative analysis of the use of the Mexican writ of Amparo and the writ of habeas corpus vis-à-vis enforcement mechanisms in the United States for unconstitutional convictions. The thesis concludes with proposals for amendments to the Amparo statute in Mexico to create the possibility for damages as …

Exercising The Doctrine Of Judicial Review By Establishing A Constitutional Court In Mexico, Irma Leticia Leal-Moya

LLM Theses and Essays

This thesis focuses on the doctrine of judicial review and the need to establish a constitutional court in Mexico. The paper critically examines the doctrine of judicial review under the common law (US) and civil law (Germany) jurisdictions. Although the doctrine of judicial review in Mexico is a combination of both models, several decades of institutional arrangements prevent the Mexican judicial system from achieving effective instruments to enforce basic constitutional principles and maintain an equilibrium of powers. This thesis proposes a constitutional review that will create independent constitutional courts, with powers to review executive and legislative powers.

International Aspects Of Banking Regulations - Panama And U.S., Annette Cecilia De Leon Molina

LLM Theses and Essays

Globalization has resulted in a significant increase in the number of foreign banks operating in the United States and the Republic of Panama, thus requiring regulation. This paper deals with the proposed legislative framework by the Republic of Panama to modernize its foreign banking regulations. The paper examines the dynamics of the Basic Accord Capital Standards and U.S. regulation of foreign banks in comparison to the Panama current banking regulations, with the goal to adopting international best practices. The paper concludes by proposing that the Republic of Panama should embrace regulatory revisions at the same level as regulatory schemes in …

Mediation In Domestic Relations In The United States, Asma Saeed Hussain

LLM Theses and Essays

The continuing influence of a myriad of alternative dispute resolution (ADR) techniques has permeated the field of family, and domestic relations law. This thesis reviews mediation as one of the ADR techniques in contrast with traditional court-litigation for divorce, child-custody disputes. The main part of the thesis addresses the weakness and ethical problems of mediation in domestic relations dispute. The thesis concludes with an acknowledgment of the successes of mediation in divorce cases while discussing the importance of the protection of confidential information which parties disclose during the mediation process.

Interaction Between National Environmental Marketing Regulations And International Trade, Pirkko-Liis Harkmaa

LLM Theses and Essays

The environmental marketing of goods and products have a substantial influence on the demand and supply. This thesis reviews the scope, advantages and disadvantages of diverse types of environmental marketing and further addresses the need for international regulations on eco-labeling programs. This thesis finds that there is a substantial connection between trade and environmental marketing which has resulted in the need for an international harmonization of eco-labeling strategies including the General Agreements on Tariffs and Trade (GATT). The thesis concludes with propositions for a uniform international standard on eco-labeling for the adoption of environmentally-sound best practices and the mitigation of …

Interview With Eugene A. Epting, University Of Georgia School Of Law, Eugene A. Epting, Erwin Surrency

Oral Histories

Professor Erwin Surrency interviewed Eugene A. Epting on December 16, 1982. The physical media for this oral history is contained on tape number 16, and is 1 hour 11 minutes and 18 seconds in length.

Between December 10, 1982 and October 7, 1983 seventeen audio cassette tapes of interviews were conducted between members of the School of Law community by Gwen Wood and Erwin Surrency. The result was a large oral histories project.

Interview With Ellis G. Arnall (Part 1), University Of Georgia School Of Law, Ellis G. Arnall, Gwen Wood

Oral Histories

Gwen Wood interviewed former Georgia governor Ellis G. Arnall on December 14, 1982.

The physical media for parts one and two of this oral history includes two tapes. Part one, contained on audio cassette tape number 11, is 1 hour 5 minutes in length. Attached as an additional file to this record is the typed transcript of tape 11. Listen to part two of this oral history.

Between December 10, 1982 and October 7, 1983 seventeen audio cassette tapes of interviews were conducted between members of the School of Law community by Gwen Wood and Erwin Surrency. The result …