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Articles 1 - 30 of 4922

Full-Text Articles in Law

“[T]Here Appears To Be Intentional Discrimination In The Panel”: The Case For Abolishing Peremptory Challenges In Georgia, Ariane Williams Mar 2024

“[T]Here Appears To Be Intentional Discrimination In The Panel”: The Case For Abolishing Peremptory Challenges In Georgia, Ariane Williams

Georgia Criminal Law Review

In Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court attempted to prevent peremptory strikes motivated by race. However, evidence and jurisprudence since Batson have indicated that the Court did not succeed. Furthermore, peremptory strikes perpetuate racial imbalance in juries and erode public faith in an unbiased legal system, as seen in reactions to the recent McMichael-Bryant trial in Georgia, in which only one black juror was seated. Given the longstanding and intractable issues with peremptory challenges, the Arizona Supreme Court decided to eliminate them entirely in 2021. This Article argues that Georgia should follow suit and abolish …


Answering The Call From Victims Of Dating Violence: Georgia’S New Dating Violence Law, Sydney K. Parish Mar 2024

Answering The Call From Victims Of Dating Violence: Georgia’S New Dating Violence Law, Sydney K. Parish

Georgia Criminal Law Review

Dating violence is a topic that has garnered increased awareness in recent days, both in the media and in the legal field. Many states have begun to pass legislation in attempt to address this issue and provide relief for victims of dating violence. In the summer of 2021, the state of Georgia passed House Bill 231, what later became known as Georgia’s Dating Violence law. This Article first examines our nation’s history of intimate partner violence to show why dating violence legislation was so desperately needed and how these legislative reforms have attempted to heal a system that for so …


The Death Dignity Demands: The Eighth Amendment Requires Incarcerated People Decide Their Method Of Execution, Kali A. Haney Mar 2024

The Death Dignity Demands: The Eighth Amendment Requires Incarcerated People Decide Their Method Of Execution, Kali A. Haney

Georgia Criminal Law Review

Recently, there have been a number of incarcerated people on death-row challenging their method of execution and proposing an alternative: usually, firing squad. Courts are hesitant to grant this request for a number of reasons, including the rare use of the firing squad. But there is substantial evidence this method is the most humane. Additionally, it appears incarcerated people think so, which is why so many in recent years chose—or petitioned for—death by firing squad rather than lethal injection or electrocution. As pharmaceutical companies halt their drugs’ distribution to prisons, prisons are forced to come up with their own—often more …


The Use Of Oral Fluid Samples To Test For Driving Under The Influence Of Marijuana, Ian Wise Mar 2024

The Use Of Oral Fluid Samples To Test For Driving Under The Influence Of Marijuana, Ian Wise

Georgia Criminal Law Review

Driving Under the Influence of Drugs (DUID) cases pose unique challenges to the criminal justice system. An evidentiary chemical test is a vital piece of evidence in a DUID prosecution because unlike alcohol, drugs do not cause impairment in a uniform fashion. Breath tests cannot detect drugs, and the intrusiveness of blood and urine tests has been the focus of Court cases over the past half-century with decisions in Missouri v. McNeely and Birchfield v. North Dakota curtailing the government’s ability to obtain this evidence without a warrant.

The need for a less intrusive alternative is driven by the doubling …


Protecting Our Nation’S Children In The Technological Age: Arguing For An Interpretation Of “Sexual Activity” In 18 U.S.C. § 2422(B) That Does Not Require Physical Contact, Allison Fine Mar 2024

Protecting Our Nation’S Children In The Technological Age: Arguing For An Interpretation Of “Sexual Activity” In 18 U.S.C. § 2422(B) That Does Not Require Physical Contact, Allison Fine

Georgia Criminal Law Review

Our Nation’s justice system values “equal protection under the law.” This represents the belief that all individuals should be treated equally under the law regardless of personal characteristics. Traditionally, we think about this in a context of things like race, gender, or ethnicity. However, this also encompasses the general idea that individuals nationwide should be accountable to and protected by the same laws. As it relates to criminal law, this notion highlights the importance of uniformity in a criminal justice system. Without consistent application and execution, a criminal justice system will never be fair or “equal.”

The federal child enticement …


Purpose’S Purposes: Culpability, Liberty, Legal Wrongs, And Accomplice Mens Rea, Kevin Cole Mar 2024

Purpose’S Purposes: Culpability, Liberty, Legal Wrongs, And Accomplice Mens Rea, Kevin Cole

Georgia Criminal Law Review

The federal mens rea for accomplice liability—important in its own right and also as an example to the states—is unsettled. Three cases from the just completed Supreme Court term hint (somewhat surprisingly) at various directions the justices might take. This essay examines the cases with a particular focus on the alternative explanations that might be given for the traditional requirement of purposeful facilitation for accomplice liability. The purpose requirement is contestable so long as it is justified in terms of a narrow conception of culpability. It is better understood as serving a liberty-enhancing function. The liberty focus clarifies difficult questions …


Constitutional Restraints On Intrastate Distribution Of Taxing Authority, Walter Hellerstein Feb 2024

Constitutional Restraints On Intrastate Distribution Of Taxing Authority, Walter Hellerstein

Scholarly Works

No abstract provided.


Against Bankruptcy: Public Litigation Values Versus The Endless Quest For Global Peace In Mass Litigation, Abbe Gluck, Elizabeth Chamblee Burch, Adam Zimmerman Feb 2024

Against Bankruptcy: Public Litigation Values Versus The Endless Quest For Global Peace In Mass Litigation, Abbe Gluck, Elizabeth Chamblee Burch, Adam Zimmerman

Scholarly Works

Can bankruptcy court solve a public health crisis? Should the goal of “global peace” in complex lawsuits trump traditional litigation values in a system grounded in public participation and jurisdictional redundancy? How much leeway do courts have to innovate civil procedure?

These questions have finally reached the Supreme Court in Harrington v. Purdue Pharma L.P., the $6 billion bankruptcy that purports to achieve global resolution of all current and future opioids suits against the company and its former family owners, the Sacklers. The case provides a critical opportunity to reflect on what is lost when parties in mass torts find …


Blue Carbon, Red States, And Paris Agreement Article 6, Adam D. Orford Feb 2024

Blue Carbon, Red States, And Paris Agreement Article 6, Adam D. Orford

Scholarly Works

Coastal U.S. states, including many that have opposed proactive U.S. climate policies, are contemplating entrance into the supply side of the international carbon credit markets by, among other things, hosting revenue-generating blue carbon projects on their submerged lands. The voluntary carbon credit markets already facilitate private investment in such activities, and the emerging Paris Agreement Article 6 framework is poised to generate investment interest at the national level as well. Reviewing these trends, this Perspective questions whether this is good climate, environmental, and social policy, and advises further oversight and accountability.


Unfair Competition: Big Data And The Fight Over Data Privacy, Yekaterina Ko Feb 2024

Unfair Competition: Big Data And The Fight Over Data Privacy, Yekaterina Ko

Georgia Journal of International & Comparative Law

Section 5 of the Federal Trade Commission Act prohibits “unfair methods of competition in or affecting commerce.” While Congress intended Section 5 to play a vital role in the development of competition policy, courts have struggled in applying this vague and ambiguous language, resulting in case- law that lacks certainty and is inconsistently enforced. These difficulties are further highlighted in the context of unfair competition and data privacy.

Data, the currency that our digital world trades in, is largely collected by a small group of companies, Google, Meta, and Amazon. Concerns over how this data is collected and used have …


National Regulatory Framework For Autonomous Vehicles: Why The United States Must Look Abroad To Find Answers, Taylor K. Hainley Feb 2024

National Regulatory Framework For Autonomous Vehicles: Why The United States Must Look Abroad To Find Answers, Taylor K. Hainley

Georgia Journal of International & Comparative Law

Automation is in every aspect of our lives. Autonomous cars, or ‘self- driving cars,’ dominate today’s headlines. There is just one problem: the United States’ legislative infrastructure is not suited for these autonomous cars to become commonplace on the roads. The United States’ fractured system results in a maze of state laws that make it difficult for manufacturers to comply. Other countries, like Germany and Singapore, have enacted systems to make the testing and implementation of autonomous cars more efficient. This Note argues that the United States should follow Germany and Singapore’s models by modifying the definition of “driver” and …


Let’S Play God: Commodifying The Human Body, Larkin Carden Feb 2024

Let’S Play God: Commodifying The Human Body, Larkin Carden

Georgia Journal of International & Comparative Law

The global shortage of viable organs for transplantation, exacerbated by the COVID-19 pandemic, highlights a stark contrast between organ donation systems, particularly evident in the United States and Iran. While the United States relies on an altruistic donation system, resulting in millions on its waiting list, Iran's compensation-based approach has nearly eradicated its waitlist. The legal framework of the United States, shaped by property law, historical views on the human body, and federal statutes, complicates its approach to organ donation. The reluctance to grant individual rights to body parts hampers success compared to Iran’s incentivization approach. Beyond learning from Iran’s …


Rethinking Global Distributive Justice: Legal And Economic Norms Addressing Crises Of Global Health, Hunger, And Sustainability, Dr. Benedict Sheehy J.D., Dr. Ying Chen, Dr. Juan Diaz-Granados Feb 2024

Rethinking Global Distributive Justice: Legal And Economic Norms Addressing Crises Of Global Health, Hunger, And Sustainability, Dr. Benedict Sheehy J.D., Dr. Ying Chen, Dr. Juan Diaz-Granados

Georgia Journal of International & Comparative Law

The increasingly global nature of the events impacting society globally call for a reconsideration of global distributive justice. Distributive justice, a matter of domestic concern, has a long history spanning millennia. It has become a particular concern with the advent of wide-spread private property and capitalism. While a concerted focus on distributive justice commenced in the mid-twentieth century, it is urgent that global distributive justice garners increased attention due to recent events spanning the past decade along with modern political ideologies and jurisprudence.

This Article contests purist theoretical positions by taking pragmatic approaches in reviewing legal and economic governance norms. …


The Creation Of A Climate Club For A Sustainable Economic Future: The Role Of International Economic Law Amidst Geopolitical Confrontation, Dyuti Pandya Ll.M., Rafael Leal-Arcas Ph.D Feb 2024

The Creation Of A Climate Club For A Sustainable Economic Future: The Role Of International Economic Law Amidst Geopolitical Confrontation, Dyuti Pandya Ll.M., Rafael Leal-Arcas Ph.D

Georgia Journal of International & Comparative Law

As of late July 2023, the month of July 2023 had become the hottest month ever recorded in history. Heads of the governments of small island states have been outspoken about the existential risk their countries face due to rising sea level as a consequence of climate change. Wildfires are more frequent and more negatively impactful than ever before in different parts of the world. It is no wonder that sustainability has become a buzz word in the media, and policymakers all over the world are, more than ever, focusing on trying to achieve a sustainable future.

A sustainable global …


Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law Feb 2024

Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


The Problem Of Extravagant Inferences, Cass Sunstein Jan 2024

The Problem Of Extravagant Inferences, Cass Sunstein

Georgia Law Review

Judges and lawyers sometimes act as if a constitutional or statutory term must, as a matter of semantics, be understood to have a particular meaning, when it could easily be understood to have another meaning, or several other meanings. When judges and lawyers act as if a legal term has a unique semantic meaning, even though it does not, they should be seen to be drawing extravagant inferences. Some constitutional provisions are treated this way; consider the idea that the vesting of executive power in a President of the United States necessarily includes the power to remove, at will, a …


Neuropsychological Malingering Determination: The Illusion Of Scientific Lie Detection, Chunlin Leonhard, Christoph Leonhard Jan 2024

Neuropsychological Malingering Determination: The Illusion Of Scientific Lie Detection, Chunlin Leonhard, Christoph Leonhard

Georgia Law Review

Humans believe that other humans lie, especially when stakes are high. Stakes can be very high in a courtroom, from substantial amounts of monetary damages in civil litigation to liberty or life in criminal cases. One of the most frequently disputed issues in U.S. courts is whether litigants are malingering when they allege physical or mental conditions for which they are seeking damages or which would allow them to avoid criminal punishment. Understandably, creating a scientific method to detect lies is very appealing to all persons engaged in lie detection. Neuropsychologists claim that they can use neuropsychological assessment tests (Malingering …


Long History Of Leniency? A Call For A Georgia Statutory Mitigation Factor For Veterans With Post-Traumatic Stress Disorder, Jonathan Fagundes Jan 2024

Long History Of Leniency? A Call For A Georgia Statutory Mitigation Factor For Veterans With Post-Traumatic Stress Disorder, Jonathan Fagundes

Georgia Law Review

In Georgia, criminal sentencing marks a critical period for convicted defendants. As the final moment before the superior court fashions a punishment, the defendant faces a pivotal opportunity to introduce mitigating evidence, including evidence of mental health challenges, life circumstances, and other facts. Where such evidence is offered, the superior court can properly issue a sentence that aligns with the purposes of punishment or other state policies. But some populations, especially veterans convicted of nonviolent offenses, are exposed to unique stressors that likely affect their culpability. The existing sentencing regime, however, does not guarantee that this mitigating evidence will even …


Testing The Limits Of Virtual Compliance: Website Accessibility, "Tester" Plaintiffs, And Article Iii Standing Under The Ada, Ashlyn Dewberry Jan 2024

Testing The Limits Of Virtual Compliance: Website Accessibility, "Tester" Plaintiffs, And Article Iii Standing Under The Ada, Ashlyn Dewberry

Georgia Law Review

Federal courts have split in determining whether “tester” plaintiffs bringing suit under the ADA assert the requisite injury in fact necessary for Article III standing. These “website accessibility testers” allege that defendants’ websites do not make certain information available to disabled persons in violation of Title III of the ADA and one of its implementing regulations. This split presents an excellent opportunity to clarify which informational and stigmatic harms qualify as injuries in fact for Article III standing purposes. This Note argues that ADA website accessibility testers cannot obtain standing under current law. Neither the text of the ADA nor …


Systemic Failures In Health Care Oversight, Julie L. Campbell Jan 2024

Systemic Failures In Health Care Oversight, Julie L. Campbell

Georgia Law Review

Hospitals are intentionally shirking their duty to identify and report incompetent medical practitioners, and it is causing catastrophic injuries to patients. Why are hospitals doing this? Two decades of health care reforms have changed the way physicians and hospitals interact in the U.S. health care system, and as a result, the traditional health care oversight tools no longer work to ensure physician competence. With three out of four physicians now employees of hospitals or health care systems, hospitals have become the guardians of both the internal and external warning systems designed to flag incompetent practitioners. As the guardians, hospitals are …


Table Of Contents Jan 2024

Table Of Contents

Georgia Law Review

No abstract provided.


Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein Jan 2024

Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein

Georgia Law Review

Innovation is a form of civic religion in the United States. In the popular imagination, innovators are heroic figures. Thomas Edison, Steve Jobs, and (for a while) Elizabeth Holmes were lauded for their vision and drive and seen to embody the American spirit of invention and improvement. For their part, politicians rarely miss a chance to trumpet their vision for boosting innovative activity. Popular and political culture alike treat innovation as an unalloyed good. And the law is deeply committed to fostering innovation, spending billions of dollars a year to make sure society has enough of it. But this sunny …


The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter Jan 2024

The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter

Georgia Law Review

In recent years, international human rights treaties have come under attack for failing to fulfill their promise. While it may be true that human rights treaties have not realized their full potential in every case, there is little discussion about how to measure the impact of treaties. This Article explores the ways in which we measure compliance with human rights treaties, focusing on the Convention on the Rights of People with Disabilities (CRPD). The CRPD entered into force in 2008. Since then, 188 States Parties have ratified it. In addition, the Office of the High Commissioner for Human Rights recently …


Remediation For Pfas Contamination: The Role Of Cercla Enforcement In Environmental Justice, Amanda F. Watson Jan 2024

Remediation For Pfas Contamination: The Role Of Cercla Enforcement In Environmental Justice, Amanda F. Watson

Georgia Law Review

PFAS are a family of manufactured chemicals that are highly persistent in the environment. Most people in the U.S. have been exposed to PFAS, but different groups of people may have higher exposure due to their environments. In recent years, peer-reviewed scientific studies have shown that PFAS are linked to numerous adverse human health effects. As a result, the U.S. Environmental Protection Agency (EPA) has taken a variety of actions to address PFAS, including proposing to designate PFOS and PFOA, two chemicals in the PFAS family, as hazardous substances under CERCLA, or Superfund. CERCLA is the primary legal mechanism in …


Compelling Evidence In International Commercial Arbitration After The Section 1782 Shutdown: Faa Section 7 As An Alternative Approach, Caroline Bailey Jan 2024

Compelling Evidence In International Commercial Arbitration After The Section 1782 Shutdown: Faa Section 7 As An Alternative Approach, Caroline Bailey

Georgia Law Review

The United States Supreme Court’s unanimous decision in the 2022 case ZF Automotive US, Inc. v. Luxshare, Ltd. resolved the long-disputed circuit split regarding the application of Section 1782 of Title 28 of the U.S. Code to international arbitrations. The Court’s ruling that the term “foreign or international tribunal” under Section 1782 includes only governmental or intergovernmental adjudicative bodies ended the use of Section 1782 to compel evidence located in the United States in private adjudicative bodies such as international commercial arbitrations. The Section 1782 shutdown has required arbitrators and parties to international commercial arbitrations to seek alternative legal mechanisms …


Redefining The Injury-In-Fact: Treating Personally Identifying Information As Bailed Property, Austin Headrick Jan 2024

Redefining The Injury-In-Fact: Treating Personally Identifying Information As Bailed Property, Austin Headrick

Georgia Law Review

There is a long-existing circuit split among federal courts of appeals as to whether an individual has standing under Article III of the United States Constitution when their personally identifying information (PII) is stolen from an entity to which they entrusted it such as a hospital or bank. Federal courts disagree as to whether an individual whose PII has been stolen—without more—has suffered an injury-in-fact, a necessary element of standing. The disagreement between the courts centers on whether the injury-in-fact has already occurred at the time the PII is stolen or whether the injury occurs once the PII has been …


The Right To Trial By Jury Shall Remain Inviolate: Jury Trials In Civil Actions In Georgia’S Courts, David E. Shipley Jan 2024

The Right To Trial By Jury Shall Remain Inviolate: Jury Trials In Civil Actions In Georgia’S Courts, David E. Shipley

Scholarly Works

Trials, though rare, “shape almost every aspect of procedure,” and the jury trial is a distinctive feature of civil litigation in the United States. The Seventh Amendment of the U.S. Constitution ‘preserves’ the right to jury trial “[i]n suits at common law, where the value in controversy shall exceed twenty dollars.” Even though this amendment does not apply to the states, courts in the states “honor the right to the extent it is created in their constitutions or local statutes.”

The Georgia Constitution provides that “[t]he right to trial by jury shall remain inviolate,” and Georgia’s appellate courts have shown …


Blue Carbon Law, Adam D. Orford Jan 2024

Blue Carbon Law, Adam D. Orford

Scholarly Works

This Article explores the emerging law of blue carbon, defined as rules governing human interventions into Earth’s marine carbon cycles. Blue carbon law is of growing importance today as pressure mounts to incorporate coastal conservation and restoration activities into market-based carbon sequestration schemes, and as the planet’s deep oceans are evaluated for their carbon sequestration potential. The Article conceptualizes two broad trends in blue carbon law: the international law of carbon credit markets creating incentives to commodify and monetize blue carbon resources; and the responsive integration of commodification concepts into existing laws that already manage and influence blue carbon systems. …


Challenging The Criminalization Of Undocumented Drivers Through A Health-Justice Framework, Jason A. Cade Jan 2024

Challenging The Criminalization Of Undocumented Drivers Through A Health-Justice Framework, Jason A. Cade

Scholarly Works

States increasingly use driver’s license laws to further policy objectives unrelated to road safety. This symposium contribution employs a health justice lens to focus on one manifestation of this trend—state schemes that prohibit noncitizen residents from accessing driver’s licenses and then impose criminal sanctions for driving without authorization. Status-based no-license laws not only facilitate legally questionable enforcement of local immigration priorities but also impose structural inequities with long-term health consequences for immigrants and their family members, including US citizen children. Safe, reliable transportation is a significant social determinant of health for individuals, families, and communities. Applying a health justice lens …


Chevron And Stare Decisis, Kent H. Barnett, Christopher J. Walker Jan 2024

Chevron And Stare Decisis, Kent H. Barnett, Christopher J. Walker

Scholarly Works

In our contribution to this Chevron on Trial Symposium, we argue that the Supreme Court should not overrule Chevron in Loper Bright Enterprises v. Raimondo and its companion case Relentless v. Department of Commerce. We based our argument largely on statutory stare decisis. In particular, Chevron deference is a bedrock precedent in administrative law, relied on by the Supreme Court and the lower federal courts thousands of times since Chevron was decided in 1984. Congress, federal agencies, and the regulated public have also structured their affairs around the precedent. Conversely, the constitutional arguments against Chevron are unpersuasive, and the debate …