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Articles 1 - 30 of 80
Full-Text Articles in Law
The Voting Rights Paradox: Ideology And Incompleteness Of American Democratic Practice, Atiba R. Ellis
The Voting Rights Paradox: Ideology And Incompleteness Of American Democratic Practice, Atiba R. Ellis
Georgia Law Review
This Essay describes the “voting rights paradox”—the fact
that despite America’s professed commitment to universal
enfranchisement, voting rights legislation throughout U.S.
history has arisen in some states to serve antidemocratic,
exclusionary ends. This Essay argues that this contradiction
comes into focus when the right to vote is understood as having
as an ideological driving force based on worthiness for
admission to the franchise. This ideology of worthiness persists
because the right to vote is dependent on political decisions left
to the political branches and the majority’s willingness to allow
propaganda to influence the scope of the franchise.
Ultimately, this Essay …
Legal Work Ahead: Potential Potholes For The Hands-Free Georgia Act, Hunter G. Smith
Legal Work Ahead: Potential Potholes For The Hands-Free Georgia Act, Hunter G. Smith
Georgia Law Review
Georgia’s statutory regulation of distracted driving, the
Hands-Free Georgia Act, went into effect in July 2018. The Act
is rife with ambiguous and uncertain language that fails to
apprise drivers of the legal and practical consequences of their
actions. But in the three years since the Act’s passage, neither
the legislature nor the courts have addressed these issues.
With its many exceptions, the Act neither protects drivers’
constitutional rights nor adequately curtails dangerous
driving. Vagueness in the Act’s numerous exceptions, Fourth
Amendment concerns, and the potential for pretextual stops
and racial profiling present potential legal issues on which
litigants may …
The Equal Rights Amendment After Bostock: A Means To Expand Constitutional Protections For Sexual Minorities, Courtney M. Hogan
The Equal Rights Amendment After Bostock: A Means To Expand Constitutional Protections For Sexual Minorities, Courtney M. Hogan
Georgia Law Review
The Equal Rights Amendment (ERA) was presumed dead in
the 1980s after a long battle for ratification failed, but it has
recently returned to public discourse with the latest wave of
feminist influence in the United States. The ERA declares that
equal rights under the law cannot be denied on account of sex.
In the 2020 U.S. Supreme Court decision, Bostock v. Clayton
County, the Court interpreted similar language from Title VII
of the Civil Rights Act of 1964, which also prohibits sex
discrimination. In that case, the Court interpreted the statutory
prohibition on sex discrimination to include discrimination
against …
Mopping Up The Mess: A Call To Adopt The Seventh Circuit’S Standard For Assessing Comparator Evidence In Title Vii Discrimination Claims, Alexander S. Edmonds
Mopping Up The Mess: A Call To Adopt The Seventh Circuit’S Standard For Assessing Comparator Evidence In Title Vii Discrimination Claims, Alexander S. Edmonds
Georgia Law Review
In McDonnell Douglas Corp. v. Green, the U.S. Supreme
Court developed a framework to assist courts in assessing
individual disparate treatment claims based on
circumstantial evidence. Under that test, plaintiffs alleging
discrimination under Title VII must first show a prima facie
case of discrimination. Since McDonnell Douglas, courts have
modified the test by requiring plaintiffs to demonstrate that
they were treated less favorably than a similarly situated
comparator employee who is outside the plaintiff’s protected
class. Courts disagree, however, on what it means for
employees to be similarly situated. Some courts strictly
interpret the similarly situated requirement; others caution
against …
Sacrificing Secrecy, Daniel S. Harawa
Sacrificing Secrecy, Daniel S. Harawa
Georgia Law Review
Juries have deliberated in secret since medieval times. The
historical reason for the secrecy is that it promotes impartiality,
which in turn protects a defendant’s right to a fair trial. But as
it turns out, jurors are not always impartial. Lurid examples
exist of jurors condemning defendants based on the defendant’s
race, sexuality, ethnicity, and religion.
Generally speaking, courts cannot hear evidence of what
transpired during deliberations. In 2017, however, the U.S.
Supreme Court created an exception to this rule, holding that
the Sixth Amendment requires courts to hear evidence of jurors
making racially biased statements. But this exception means …
Minority Rights And The Electoral College: What Minority, Whose Rights?, David Schultz
Minority Rights And The Electoral College: What Minority, Whose Rights?, David Schultz
Georgia Law Review
The Electoral College as a method of selecting U.S.
presidents was allegedly set up to protect one type of minority
rights—those of slave states and small states—but over time
it has operated to deny the rights of racial and other minorities,
especially given the winner-take-all system of electoral vote
allocation used in forty-eight states. This Essay examines the
history and current operation of the Electoral College, detailing
how, despite its changes, it continues to privilege some forms of
minority rights at the expense of others. The Essay also
indicates how in its current form in forty-eight states, the
Electoral College …
Some Objections To Strict Liability For Constitutional Torts, Michael L. Wells
Some Objections To Strict Liability For Constitutional Torts, Michael L. Wells
Georgia Law Review
Qualified immunity protects officials from damages for
constitutional violations unless they have violated “clearly
established” rights. Local governments enjoy no immunity, but
they may not be sued on a vicarious liability theory for
constitutional violations committed by their employees. Critics
of the current regime would overturn these rules in order to
vindicate constitutional rights and deter violations. This
Article argues that across-the-board abolition of these limits on
liability would be unwise as the costs would outweigh the
benefits. In some contexts, however, exceptions may be justified.
Much of the recent controversy surrounding qualified
immunity involves suits in which police officers …
Free Speech And Off-Label Rights, Amy J. Sepinwall
Free Speech And Off-Label Rights, Amy J. Sepinwall
Georgia Law Review
When a litigant invokes a constitutional right to
protect interests different from the ones underpinning
the right, he engages in what this Article calls an
off-label rights exercise. The Free Speech Clause has
recently become an especially prominent, and troubling,
site of off-label rights exercises. Two of the most
prominent cases in the Supreme Court’s last term
involved litigants who invoked their constitutional
rights to free speech to protect interests unrelated to
speech or expression. In Janus v. American Federation
of State, County, & Municipal Employees, a state
employee argued that forcing him to pay for the union’s
bargaining activities …
Discriminatory Dualism, Sarah L. Swan
Discriminatory Dualism, Sarah L. Swan
Georgia Law Review
This Article identifies and theorizes a significant but
previously overlooked feature of structural
discrimination: it frequently develops into two seemingly
opposing, yet in fact mutually supportive practices. This
“discriminatory dualism” occurs in multiple contexts,
including policing, housing, and employment. In
policing, communities of color experience overpolicing
(i.e., the aggressive overenforcement of petty crime) at the
same time as they experience underpolicing (i.e., the
persistent failure to address violent crime). In housing,
redlining (i.e., the denial of credit to aspiring
homeowners based on race) combines with reverse
redlining (i.e., the over-offering of credit on exploitative
terms) to suppress minority homeownership. And …
Age, Time, And Discrimination, Alexander A. Boni-Saenz
Age, Time, And Discrimination, Alexander A. Boni-Saenz
Georgia Law Review
No abstract provided.
Battle Of The Sexes: Title Vii’S Failure To Protect Women From Discrimination Against Sex-Linked Conditions, Brooks Land
Battle Of The Sexes: Title Vii’S Failure To Protect Women From Discrimination Against Sex-Linked Conditions, Brooks Land
Georgia Law Review
No abstract provided.
American Hypocrisy: How The United States' System Of Mass Incarceration And Police Brutality Fail To Comply With Its Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, R. Danielle Burnette
Georgia Journal of International & Comparative Law
No abstract provided.
"Never Had A Choice And No Power To Alter": Illegitimate Children And The Supreme Court Of Japan, Shigenori Matsui
"Never Had A Choice And No Power To Alter": Illegitimate Children And The Supreme Court Of Japan, Shigenori Matsui
Georgia Journal of International & Comparative Law
No abstract provided.
Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson
Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
You Have The Right To Free Speech: Retaliatory Arrests And The Pretext Of Probable Cause, Katherine G. Howard
You Have The Right To Free Speech: Retaliatory Arrests And The Pretext Of Probable Cause, Katherine G. Howard
Georgia Law Review
An important question about an individual's First
Amendment freedoms arises when a citizen or journalist is
arrested while verbally challenging, filming, or writing
about police actions. Did the police officer have legitimate
law enforcement reasons for the arrest, or was the arrest in
retaliationfor engaging in First Amendment activities the
officer did not like? Courts have grappled with the best
way to resolve this question, often importing the Fourth
Amendment's bright-line rule about probable cause into
analyses of FirstAmendment retaliatoryarrest claims and
barringthose claims were the officer had probable cause to
arrest. This Note argues that when retaliatory arrest
claims …
Trans-Lating The Eighth Amendment Standard: The First Circuit's Denial Of A Transgender Prisoner's Constitutional Right To Medical Treatment, Bethany L. Edmondson
Trans-Lating The Eighth Amendment Standard: The First Circuit's Denial Of A Transgender Prisoner's Constitutional Right To Medical Treatment, Bethany L. Edmondson
Georgia Law Review
In December of 2014, the First Circuit Court of Appeals
held, en banc, that the Massachusetts Department of
Corrections was not constitutionally obligated to provide
Michelle Kosilek, a transgender prisoner, with sexual
reassignment surgery. Kosilek sued the prison, arguing
that her Eighth Amendment rights against cruel and
unusual punishment were violated. The First Circuit held
that Kosilek did not have a serious medical need, due to
the prison's alternative treatment, and that the prison was
not deliberately indifferent to that need. This Note argues
that the First Circuit erred in applying the "serious
medical need" prong of the cruel and …
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk
The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk
Georgia Journal of International & Comparative Law
No abstract provided.
Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne
Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne
Georgia Journal of International & Comparative Law
No abstract provided.
Public Law Litigation In The U.S. And In Argentina: Lessons From A Comparative Study, Martin Oyhanarte
Public Law Litigation In The U.S. And In Argentina: Lessons From A Comparative Study, Martin Oyhanarte
Georgia Journal of International & Comparative Law
No abstract provided.
Civil Rights-Newspaper Advertisements For Employment Opportunities Located In South Africa, Which Do Not On Their Face Recite Discriminatory Conditions, Do Not Violate Municipal Anti-Discrimination Laws, Nancy L. Rumble
Georgia Journal of International & Comparative Law
No abstract provided.
What Is (And Isn't) Healthism?, Jessica L. Roberts, Elizabeth W. Leonard
What Is (And Isn't) Healthism?, Jessica L. Roberts, Elizabeth W. Leonard
Georgia Law Review
What does it mean to discriminateon the basis of health status? Health can, of course, speak to a number of things, such as the length of our lives, our ability to perform mentally and physically, our need for health care, and our risk of injury and incapacity. But the mere relevance of a particular attribute does not mean that considering it should be legally permissible. This Article explores when differentiating on the basis of health is acceptable- perhaps even desirable-and, by contrast, when it is normatively problematic. While we acknowledge that differentiations on the basis of health status can be …
Schools Are Employers Too: Rethinking The Institutional Liability Standard In Title Ix Teacher-On-Student Sexual Harassment Suits, Kathleen Mary E. Mayer
Schools Are Employers Too: Rethinking The Institutional Liability Standard In Title Ix Teacher-On-Student Sexual Harassment Suits, Kathleen Mary E. Mayer
Georgia Law Review
To be entitled to any remedy under Title IX, students bringing private causes of action must show that their schools acted with actual knowledge and deliberate indifference. That liability standard is applied to both teacher-on-student and peer-on-peer harassment claims, without regard for an educational institution's relative control over the conduct of its employees versus its students. Schools should be held to a stricter standard in teacher-on-student cases than in peer-on-peer cases for numerous reasons of both law and policy. Considering that Title VII standards of liability do turn on relative control, a quirky imbalance results whereby a school is more …
Constitutional Law-Aliens-Equal Protection Clause Does Not Require Extension Of Special Immigrant Status To Aliens From Non-Contiguous Countries, Laurie C. Gregory
Constitutional Law-Aliens-Equal Protection Clause Does Not Require Extension Of Special Immigrant Status To Aliens From Non-Contiguous Countries, Laurie C. Gregory
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer
The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer
Georgia Journal of International & Comparative Law
No abstract provided.
European Economic Community - Article 119 - British Equal Pay Act Of 1970 - Referral To European Court Of Justice - Applicability To British Pension Plan And To Successive Employment Cases., Beverly Martin
Georgia Journal of International & Comparative Law
No abstract provided.
The Right To Vote Of Non-Resident Citizens: A Comparative Study Of The Federal Republic Of Germany And The United States Of America, Robert Dilworth, Frank Montag
The Right To Vote Of Non-Resident Citizens: A Comparative Study Of The Federal Republic Of Germany And The United States Of America, Robert Dilworth, Frank Montag
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley
Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley
Georgia Journal of International & Comparative Law
No abstract provided.
Laissez Fair:The Case For Alternative Litigation Funding And Assignment Of Lawsuit Proceeds In Georgia, David T. Adams
Laissez Fair:The Case For Alternative Litigation Funding And Assignment Of Lawsuit Proceeds In Georgia, David T. Adams
Georgia Law Review
This Note discusses the value of alternative litigation funding (ALF) and the legal challenges affecting the ALF industry in Georgia. More specifically, it identifies a way to maximize ALF's benefits for plaintiffs with personal tort and employment discrimination claims. Tort victims who are rendered incapable of working, and employees who have lost jobs because of workplace discrimination or retaliation,face immediate financial burdens-they may be unable to afford food, housing, health care, transportation, and other necessities. This economic pressure often forces plaintiffs to settle quickly for less than the value of the harm inflicted. But ALF companies offer a workable solution …
Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce
Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce
Georgia Journal of International & Comparative Law
No abstract provided.