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Full-Text Articles in Law
The Gig Economy’S Short Reach: An Analysis Of The Scope Of The Federal Arbitration Act’S “Transportation Worker” Exemption, Emina Sadic Herzberger
The Gig Economy’S Short Reach: An Analysis Of The Scope Of The Federal Arbitration Act’S “Transportation Worker” Exemption, Emina Sadic Herzberger
Georgia Law Review
The Federal Arbitration Act (FAA) governs arbitration agreements in the United States. Section 1 of the FAA provides an exemption from arbitration for “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” In a 2001 decision, Circuit City Stores, Inc. v. Adams, the U.S. Supreme Court held that the residual phrase “any other class of workers engaged in foreign or interstate commerce” includes transportation workers. But, such language is ambiguous, and the Supreme Court did not expound upon what it means to be a transportation worker or to be engaged …
Fundamental Rights Or Hand-Me-Down Restrictions: The Specter Of Sumptuary Law In Clothing Expression Doctrines Of The U.K., The U.S., & Canada, Taran Harmon-Walker
Fundamental Rights Or Hand-Me-Down Restrictions: The Specter Of Sumptuary Law In Clothing Expression Doctrines Of The U.K., The U.S., & Canada, Taran Harmon-Walker
Georgia Journal of International & Comparative Law
No abstract provided.
Invoke Your Right To Remain Silent After You Confess: Self-Reporting Regulations And Potential Conflicts With International Law Prohibiting Compulsory Self-Incrimination, Patrick Testa
Georgia Journal of International & Comparative Law
No abstract provided.
Bird's-Eye View: A Comparative Examination Of Drone Regulation Through The Lens Of Privacy Protection, Allison Mcgregor
Bird's-Eye View: A Comparative Examination Of Drone Regulation Through The Lens Of Privacy Protection, Allison Mcgregor
Georgia Journal of International & Comparative Law
No abstract provided.
Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh Spitzer, Andy Omara
Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh Spitzer, Andy Omara
Georgia Journal of International & Comparative Law
It is well-recognized that it is easier for judges to enforce constitutional “negative rights” provisions than positive social and economic rights. This article focuses on the challenges of enforcing one specific positive right: the constitutional right of children to attend adequately funded schools. Our article tests on-the-ground judicial implementation of education funding provisions against the general theoretical framework of judicial interaction with the political branches developed by Katharine Young. We analyze how, in multi-year, multi-decision litigation, constitutional court judges in the three jurisdictions we studied actively experimented with the challenging task of forcing, or enticing, reluctant legislative and executive branches …
Finding Original Public Meaning, James Macleod
Finding Original Public Meaning, James Macleod
Georgia Law Review
Textualists seek to interpret statutes consistent with their “original public meaning” (OPM). To find it, they ask an avowedly empirical question: how would ordinary readers have understood the statute’s terms at the time of their enactment? But as the Supreme Court’s decision in Bostock v. Clayton County highlights, merely asking an empirical question doesn’t preclude interpretive controversy. In considering how Title VII applies to LGBT people, the Bostock majority and dissents vehemently disagreed over the statute’s bar on discrimination “because of sex”—each side claiming that OPM clearly supported its interpretation. So who, if anyone, was right? And how can textualists’ …
Squaring A Circle: Advice And Consent, Faithful Execution, And The Vacancies Reform Act, Ronald J. Krotoszynski, Atticus Deprospo
Squaring A Circle: Advice And Consent, Faithful Execution, And The Vacancies Reform Act, Ronald J. Krotoszynski, Atticus Deprospo
Georgia Law Review
Successive presidents have interpreted the Federal
Vacancies Reform Act of 1998 to authorize the appointment of
principal officers on a temporary basis. Despite serving in a
mere “acting” capacity and without the Senate’s approval, these
acting principal officers nevertheless wield the full powers of
the office. The best argument in favor of this constitutionally
dubious practice is that an acting principal officer is not really
a “principal officer” under the U.S. Constitution because she
only serves for a limited period. Although not facially specious,
this claim elides the most important legal fact: an acting
principal officer may exercise the full …
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 …