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The University Of Georgia School Of Law And Early Legal Education, Paul Deforest Hicks

Other Law School Publications

The history of the University of Georgia School of Law examines how developments in American legal education and local attitudes and traditions influenced its formative years. Founded in 1859 as the Lumpkin Law School, it was among the newest of 21 university law schools (those that awarded law degrees) on the eve of the Civil War.

To head the revived law school, the UGA board of trustees chose William L. Mitchell. As chairman of the board’s Prudential Committee, he was a principal architect of the 1859 reorganization of the university that included creation of the law school.

Almost all southern …

American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman

Scholarly Works

Book review of Religion and the American Constitutional Experiment, 5th ed. By John Witte Jr., Joel A. Nichols, and Richard W. Garnett. Oxford: Oxford University Press, 2022. Pp. 464. $150.00 (cloth); $39.95 (paper); $26.99 (digital). ISBN: 9780197587614.

Stanley Surrey's Lasting Influence, Assaf Harpaz, C. Eugene Steue

Scholarly Works

Stanley Surrey is perhaps best known for his promotion of the concept of tax
expenditures—the characterization of various tax preferences as substitutes for
direct expenditures. That emphasis understates his lasting influence on the tax
policy process. An equally important and lasting achievement was establishing
and promoting the integrity and professionalism of the Treasury’s Office of Tax
Policy (OTP), while garnering the support of much of the wider tax policy
community for basing tax policy on the principles of fairness, simplicity, and
efficiency.

In this article, we focus mainly on historical developments in the concept and
use of tax expenditures both …

The Clean Air Act Of 1963: Postwar Environmental Politics And The Debate Over Federal Power, Adam D. Orford

Scholarly Works

This Article explores the development of the Clean Air Act of 1963, the first law to allow the federal government to fight air pollution rather than study it. The Article focuses on the postwar years (1945-1963) and explores the rise of public health medical research, cooperative federalism, and the desire to harness the powers of the federal government for domestic social improvement, as key precursors to environmental law. It examines the origins of the idea that the federal government should "do something" about air pollution, and how that idea was translated, through drafting, lobbying, politicking, hearings, debate, influence, and votes, …

Forgotten Federal-Missionary Partnerships: New Light On The Establishment Clause, Nathan Chapman

Scholarly Works

Americans have long disputed whether the government may support religious instruction as part of an elementary education. Since Everson v. Board of Education (1947), the Supreme Court has gradually articulated a doctrine that permits states to provide funds, indirectly through vouchers and in some cases directly through grants, to religious schools for the nonreligious goods they provide. Unlike most other areas of Establishment Clause jurisprudence, however, the Court has not built this doctrine on a historical foundation. In fact, in Trinity Lutheran v. Comer (2017), the dissenters from this doctrine were the ones to rely on the founding-era record.

Intriguingly, …