Law Commons^™

Member Masthead, Georgia State University College Of Law

Georgia State University Law Review

No abstract provided.

Faculty Masthead, Georgia State University College Of Law

Georgia State University Law Review

No abstract provided.

Table Of Contents, Georgia State University College Of Law

Georgia State University Law Review

No abstract provided.

What Are “The Usual Burdens Of Voting”?, James M. Fischer

Georgia State University Law Review

This Article examines the development of the “usual burdens of voting” concept and looks at the evolution of voting in the United States to provide some context as to how voting burdens should be understood.

Constitutional Interpretation And Zombie Provisions, Michael L. Smith

Georgia State University Law Review

This Article analyzes the presence of zombie provisions in the United States Constitution and state constitutions and the danger that these provisions may influence the interpretation of still-living constitutional provisions.

A Case For The Ages: Thompson And Preserving The Adea Statutory Time To File, Rachel Gadra Rankin

Georgia State University Law Review

This Note analyzes the contractual shortening of the ADEA’s filing period, contrasting it with Title VII’s requirements and advocating for legislative or judicial clarification.

The Georgian Case For Harmless Constitutional Error Reform, John Evan Laughter

Georgia State University Law Review

This Note examines Georgia’s application of harmless error review to constitutional errors and proposes a new standard to remedy deficiencies.

Implementing Information Fiduciaries, Samuel E. Marticke

Georgia State University Law Review

This Note discusses the information fiduciary model, proposed by Jack Balkin, where fiduciary duties would be imposed on data collectors and analyzes how such a model could come to pass in the United States.

The U.S. Dual Banking System And Interest Rate Exportation: Challenging The Valid-When-Made Doctrine In California V. Office Of The Comptroller Of The Currency, Todd P. Stephenson

Georgia State University Law Review

This Comment explores the extension of interest rate exportation to nonbank entities through the valid-when-made doctrine and its subsequent legal challenge in the 2022 court case California v. OCC.

First Inside Page, Georgia State University College Of Law

Georgia State University Law Review

No abstract provided.

Federal Powers In A Pandemic, Julia Whitehead, Braden Leach

Georgia State University Law Review

This Article examines how the young federal government responded to infectious diseases to ascertain the limits of federal powers and analyzes how federal powers were used in response to the COVID-19 pandemic.

Two Heads Are Better Than One: Single Pilot Operation Threatens The Safety Of The Friendly Skies, Alexandria E. Rook

Arkansas Law Review

Boeing’s Maneuvering Characteristics Augmentation System (“MCAS”), an automated piloting system, is only supposed to handle aircraft operations in very specific circumstances. Despite devasting results with MCAS, Boeing has another automated piloting system on the horizon that poses even more grave risks: Single Pilot Operation (“SPO”). Boeing—along

Capacitación Y Emancipación En Usuarias De Refugios Especializados Para Mujeres Víctimas De Violencia En Yucatán, México., Nohora Esther Bayona Ramírez

Journal of Maya Heritage

This article aims to present the results of a doctoral research on the personal and structural factors that prevent women, who have been victims of violence, from leaving the violent environment from which they come, generated within the framework of specialized shelters for women who have been subject to domestic violence in the state of Yucatán, Mexico. The research aims to determine the relationship between the intervention strategies offered by the shelters and the factors that facilitate or hinder the emancipation process of the users. Among its objectives, based on the knowledge produced, it seeks to approach the State's response …

Description Of Urbanism In Ibn Farkoun's Poetry, Afnan Zalloum, Salah Jarrar

Jordan Journal of Applied Science-Humanities Series

This study manifests In standing on some of what Ibn Farkoun organized in describing Andalusian architecture During the era of Bani al-Ahmar during the reign of King Yusuf III.

The study came in the first section introducing Ibn Farkoun and his literary and poetic production, as for the second section, it came to talk about Andalusian architecture as he described it in his poems. We find it describing palaces, domes and energies, stadiums, and shura councils that were held in the presence of Ibn Farkoun, accompanied by King Yusuf III, And the third section to display the technical characteristics of …

The Nuclear Threat: A Homeland Security Perspective, Renae Katherine Harvey

Doctoral Dissertations and Projects

On December 8, 1987, the United States and Russia signed the Intermediate-Range Nuclear Forces Treaty. Since then, it has been a common misconception that this solidified the end of the Cold War and the Nuclear Arms Race. To this day, nuclear installations are plaguing bordering countries within the European Union. As a result, severe transnational issues become evident as transnational crime groups grow and technological advancements of terrorist groups continue to gain ground within the nuclear power threshold. Furthermore, countries within the Asian Peninsula and the Middle East continue to demonstrate nuclear prowess via mass media attention as a sense …

Fischman Elected To Defenders Of Wildlife Board, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

An environmental law professor at the Indiana University Maurer School of Law has been elected to the board of directors of a national conservation organization dedicated to the protection and restoration of imperiled species and their habitats in North America.

Rob Fischman, the George P. Smith, II Distinguished Professor of Law and an adjunct professor at the O’Neill School of Public and Environmental Affairs, was elected to the Defenders of Wildlife board on Tuesday, May 21.

His teaching, research and service align closely with the organization’s conservation vision of a future where diverse wildlife populations in North America are secure …

Remarks At The Eugene Kuntz Award Reception, Eric King

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Balancing On The Knife’S Edge: Subject Matter Jurisdiction In Climate Tort Litigation, Alli Niemiec

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Risky Business: Shining A Light With Corporate Climate-Related Disclosures In An Age Of Agency Skepticism, Brie Strickland Miller

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

It’S Not Easy Going Green: An Analysis Of The Greenwashing Phenomenon And Its Place In Federal Court Through The Case Of Mass. V. Exxonmobil Corp., Kelsey Lauerman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

East Asian Energy Transition: Opportunities, Challenge, And The Paris Agreement, Kody Hicks

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Public Or Private? It Doesn’T Matter: An Analysis Of The Court/Agency Relationship As To The Issue Of Operator Designation, Kyle Garza

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Kelsey Lauerman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Affordable Housing In Healthy Communities: Integrating Environmental Justice Into The Application Criteria For Affordable Housing Tax Credits In New Mexico, Vanessa Springer

New Mexico Law Review

In Bernalillo County, New Mexico, communities of color and people living below the poverty line are more likely to live in areas with high exposure to pollution and associated health risks. Similar trends are echoed throughout the country. These data trends and experiences form the basis for the environmental justice movement, or the movement for a clean and safe environment for all people regardless of race or class. As the science on disparate environmental impacts develops, so does the law, and regulations to control further disparate impacts in low-income communities and communities of color are being introduced and implemented in …

Navigating Murky Waters: Strengthening Water Protections In A Post-Sackett Landscape, Brittany Herrera

New Mexico Law Review

Nearly ninety percent of New Mexico’s rivers and streams potentially have been removed from federal protection under the Clean Water Act following the United States Supreme Court’s decision in Sackett v. EPA to substantially reduce what qualify as “waters of the United States.” Before this decision, many ephemeral streams, tributaries, and wetlands were protected by the Environmental Protection Agency. Permits are essential to protect not only the environment but landowners as well. The New Mexico Environment Department is in the process of developing its own surface water discharge permitting program, as the EPA’s jurisdiction contracted commensurately with the Supreme Court’s …

Pro Se What?! Orders Of Protection, Credible Threats To Physical Safety, And Restricting Access To Firearms, Amy J. Feagans

New Mexico Law Review

Orders of protection provide survivors of domestic abuse a level of security by limiting contact between the parties. In 2019, the New Mexico legislature amended the Family Violence Protection Act (FVPA) to provide additional protections through orders of protection by requiring the respondent to relinquish their firearms to law enforcement where the court finds there is a “credible threat to the physical safety” of the petitioner. In 2023, the New Mexico Supreme Court clarified the required showing for obtaining an order of protection and held that the court must find prior domestic abuse. But the “credible threat” standard required for …

Qualified Immunity–Who Needs It? Exploring The Other Constitutional, Statutory, And Common Law Immunities Available Under The New Mexico Civil Rights Act, The Honorable Mark D. Standridge

New Mexico Law Review

No abstract provided.

Church, State, And The New Mexico Civil Rights Act: How Litigants And Courts Can Invoke The State Constitution To Protect Establishment Clause Rights, Melanie B. Stambaugh, Laura Creech

New Mexico Law Review

No abstract provided.

A New Jurisprudence Of Constitutional Duty: Moving Beyond Deshaney Through The Nmcra, Levi A. Monagle, Aaron E. Whiteley

New Mexico Law Review

The United States Supreme Court’s holding in the seminal case of DeShaney v. Winnebago County Department of Social Services has long foreclosed the viability of a wide array of failure-to-protect claims under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The linchpin of DeShaney is a “constitutional duty” analysis that is implicated only in select circumstances and serves as a threshold inquiry and a gatekeeping device. With the New Mexico Supreme Court’s articulation of a foreseeability-free duty analysis in Rodriguez v. Del Sol Shopping Center in 2014, and the Legislature’s passage of the New Mexico …

All Cases Great And Small: Fufilling The Nmcra's Promise Of Attorney Fees, Isaac M. Green, Seth E. Montgomery

New Mexico Law Review

Section 5 of the New Mexico Civil Rights Act (NMCRA) permits a court to award “reasonable” attorney fees to a “prevailing plaintiff.” In this way Section 5 parallels its federal analog, 42 U.S.C. § 1988, which similarly allows a “prevailing party” to recover “reasonable” attorney fees in federal civil rights suits. But despite this language in the federal statute, a string of U.S. Supreme Court decisions have circumscribed the availability of attorney fees in suits brought under § 1983. This restriction on attorney fees has led to what Professor Joanna Schwartz calls the biggest obstacle to civil rights litigation in …