Law Commons^™

Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas

Georgia Journal of International & Comparative Law

No abstract provided.

Safe Haven No Longer: The Role Of Georgia Courts And Private Probation Companies In Sustaining A De Facto Debtors' Prison System, Sarah D. Bellacicco

Georgia Law Review

Georgia was specifically established as a colony for debtors-a haven where they could be safe from imprisonment. It is a haven no longer. Georgia courts are regularly imprisoning people for failing to pay debts, often through probation revocation of probationers who have failed to pay a fine or fee imposed as a condition of probation. Some of these probationers are on probation solely because they could not pay a fine on the day of sentencing, a practice which greatly increases the amount they owe due to the additional probation fees imposed. In Bearden v. Georgia, the Supreme Court held that …

Constructive Upheaval: Railway Labor Executives'ass'n V. Gibbons And The "Choice Of Clause" Challenge To Traditions Of Statutory Construction, Jordan C. Seal

Georgia Law Review

When confronted with constitutional challenges to
Congress's legislative authority, courts must build their
analyses on an interpretation of the statute's language.
Such cases implicate principles of statutory construction
that lay the groundwork for the rulings that follow.
Throughout American judicial history, courts have
favored flexible interpretation to protect Congress's
enactments from constitutional attack. The Supreme
Court's decision in Railway Labor Executives' Association
v. Gibbons dramatically departed from that tradition,
suggesting instead that legislation should be categorized
as a particular type of law to ensure that Congress does
not overstep the boundaries of its enumerated powers.
Although its shift in perspective …

Interagency Litigation And Article Iii, Joseph W. Mead

Georgia Law Review

Agencies of the United States often find themselves on
opposite sides of the "v. " in disputes ranging from alleged
unfair labor practices in federal agencies, to competing
statutory interpretations, to run-of-the mill squabbles over
money. Yet Article III's case-or-controversy requirement

includes--at a minimum-adverse parties and standing.
Courts have disagreed with one another over the extent to
which litigation between the sovereign and itself meets
Article III standards. Despite the volume of scholarship
on Article III standing, relatively little attention has been
paid to Article III's requirement of adverse parties in
general, or the justiciability of intrabranch litigation in
particular. …