Law Commons^™

Evil Angel Eulogy: Reflections On The Passing Of The Obscenity Defense In Copyright, James R. Alexander

Journal of Intellectual Property Law

No abstract provided.

The American Invents Act And The Best Mode Requirement: Where Do We Go From Here?, Andrew Thomas Robinson

Journal of Intellectual Property Law

No abstract provided.

I Cann't Believe It's Not Better: Why New Gtlds Aer Bad For Brand Owners And Trademark Law, Alexandra Morgan Joseph

Journal of Intellectual Property Law

No abstract provided.

Capitol Records, Inc: Holding No Public Performance Violations For Deleting Duplicative Files Off Cloud Servers And The Positive Future Implications Regarding Consumer Efficiency, Christina Chow

Journal of Intellectual Property Law

No abstract provided.

A New Hope For Copyright: The U.K. Supreme Court Ruling In Lucasfilm Ltd. V. Ainsworth And Why Congress Should Follow Suit, Kristen Elisabeth Bollinger

Journal of Intellectual Property Law

No abstract provided.

You Look Complicated Today: Representing An Illegal Graffiti Artist In A Copyright Infringement Case Against A Major International Retailer, John Eric Seay

Journal of Intellectual Property Law

No abstract provided.

Complete Preemption And Copyright: Toward A Successive Analysis, Mark Lindsay

Journal of Intellectual Property Law

No abstract provided.

Copy Game For High Score: The First Video Game Lawsuit, William K. Ford

Journal of Intellectual Property Law

No abstract provided.

A Is For Attorney: An Alphabet Of Websites For Lawyers, Wendy Moore

Continuing Legal Education Presentations

Contains an alphabetical list of 26 websites, each of which contains worthwhile information for legal research or professional development. Features topical legal blogs, Federal and state government websites, free legal information from both commercial and not-for-profit organizations, educational resources, and helpful non-legal research tools.

Just Because I'M Paranoid Doesn't Mean I'M Not Being Followed: Using Tracking Or Rather Do Not Track Features, Sharon Bradley

Continuing Legal Education Presentations

Provides guidance on the technology competency standards in the ABA Model Rules of Professional Conduct, and offers practical tips for protecting personal privacy and professional documents.

The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West

Popular Media

This article published at Slate.com on January 8, 2016, reviews the Wollschlaeger v. Governor of the State of Florida case in which the Florida legislature passed a law that bars health care workers from discussing or recording anything about their patients’ gun ownership or safety practices that could be deemed in bad faith, irrelevant, or harassing.

Postal Banking Worked—Let’S Bring It Back, Mehrsa Baradaran

Popular Media

This article appearing in The Nation on January 9, 2016 examines how Postal Banking could assist low-income individuals.

Why The Poor Face A Higher Cost Of Banking, Mehrsa Baradaran

Popular Media

Professor Baradaran appeared on PBS Newshour to discuss inequality in the banking system on January 6, 2016.

Restoring The Promise Of The Shareholder Derivative Suit, John Matheson

Georgia Law Review

The most fundamental and perplexing question in all of corporate law is how to ensure that the board of directors and corporate officers faithfully serve the interests of the corporation and its owners, the shareholders. A primary means of answering that challenge has been the implication and enforcement of directors' and officers' fiduciary duties to the corporation by means of the shareholder derivative action. Almost from its inception, however, the derivative suit has been subject to jaundiced treatment by companies, legislatures, and courts. The result is a costly, tortured derivative suit process unrelated to the merits of the underlying claims …

Table Of Contents

Georgia Law Review

No abstract provided.

Table Of Contents

Georgia Law Review

No abstract provided.

Employer Escape Hatch Closed In Georgia: How The Interpretation Of Georgia's Apportionment Statute In Zaldivar Prohibits Employers From Using Respondeat Superior To Eschew Direct Negligence Claims, Michael D. Alfano Jr.

Georgia Law Review

In Zaldivar v. Prickett, Prickett (plaintiff)was working on behalf of his employer (Overhead Door) when he collided with Zaldivar (defendant). Zaldivar filed a "Notice of Fault of Nonparty" under Georgia's apportionment statute; this had to effect of requiring a jury to consider the fault of Overhead Door, which had recently received three anonymous phone calls complaining about Prickett's driving. The Georgia Supreme Court held that Georgia's Apportionment statute required that fault be assigned to Overhead Door, despite Prickett's inability to recover from Overhead Door. In this Note, I vary the facts of Zaldivar: Zaldivar becomes Klutzy Kellie; Prickett becomes Prudent …

Talking Textualism, Practicing Pragmatism: Rethinking The Supreme Court's Approach To Statutory Interpretation, Robert J. Pushaw Jr.

Georgia Law Review

The Supreme Court's general approach to statutory
interpretation is analytically incoherent. On the one
hand, the Court has expressly endorsed "textualism":
enforcing the plain meaning (i.e., ordinary usage) of a
statute's words, and therefore refusing to consider non-
textual evidence unless the language is unclear. On the
other hand, the Court has implicitly applied
'oragmatism"-reaching the best practical result after
examining not only a statute's text but also Congress's
intent (as revealed by legislative history), its overall
purposes, precedent, and policy.
The two cases upholding the Affordable Care Act (ACA)
illustrate this practice of purporting to follow textualism,
but then …

Alexander Campbell King Law Library Strategic Plan, 2016-2017, University Of Georgia Law Library

Strategic Plan Documents

Shorter and simpler than the two previous iterations, the University of Georgia Law Library's 2016-2017 strategic plan is a single page. It includes elements from the last version such as mission, vision and values. It still includes goals, but limits them to three and trims the text of each into straight-forward bullet-list objectives including: 1. Services, 2. Resources, and 3. Expertise. This year was also the first that the law library created a counter-part infographic version of their strategic plan. It is attached below as an additional document.

Table Of Contents

Georgia Law Review

No abstract provided.

A Most Precious Right: Equal Protection, Voter Photo Identification, And The Battle Brewing In Texas, Emily V. Cox

Georgia Law Review

On a Tuesday in November, millions of Americans show
up and cast their votes, even in the face of cynicism,
perceived futility, and disappointment with the politicians
in Washington. It is the birthright of every citizen, and
there is simply nothing more fundamentally American.
The future of this right is now uncertain in the wake of the
United States Supreme Court decisions Crawford and
Shelby County. This Note suggests finding certainty by
re-framing the current test for the constitutionality of state
voting restrictions, the Anderson-Burdick Balancing Test.
This new imagining of the current test hinges on
identifying the nature of …

Privileging Professional Insider Trading, Sarah Baumgartel

Georgia Law Review

This Article explores insider trading law's increasing
focus on personal relationships, and the way in which the
law has come to privilege professional over
nonprofessional insider trading. The Article discusses
how, in an effort to expand insider trading liability, the
government has sought to impose legal duties of loyalty
and confidentiality on a host of personal relationships not

otherwise subject to law-effectively basing civil and
criminal penalties on "corruption" in purely personal
relationships. At the same time, courts have adopted a
business property rationale regardingthe use of nonpublic
information and declined to prevent companies from
disclosing valuable nonpublic information to …

Table Of Contents

Georgia Law Review

No abstract provided.

Celebrating Fifty Years Of The Georgia Law Review, Michael Sharp

Georgia Law Review

Twenty-five years ago, I was the editor-in-chief of the Georgia Law Review. That was a most unlikely place for me to be (that said, it ended up being one of the best learning experiences of my career). As a child, I had aspired to be a lawyer, but by the time I graduated from college I had decided to go to business school because the allure of Wall Street (read: dollars) proved too hard to resist. Instead of trading briefs, I traded bonds. Time prevents me from outlining the path that ultimately led me to law school, but two things …

You've Got Legal Mail: Applying Constitutional Protections To Attorney-Inmate E-Mail Communications, Gregory R. Steele

Georgia Law Review

Several U.S. Attorney's offices have begun to read e-mails between defense attorneys and their inmate-clients sent through the Bureau of Prisons TRULINCS system. District courts have been split on how they address the issue. This Note argues that the practice of reading attorney-inmate e- mails violates the Sixth Amendment. It specifically argues that the legal mail doctrine should be applied to invalidate this practice. It then argues the Bureau of Prisons should promulgate new regulations for legal e-mail that ensure compliance with the constitutional requirements of the newly applied legal e-mail doctrine.

'White-Collar Crime": Still Hazy After All These Years, Lucian E. Dervan, Ellen S. Podgor

Georgia Law Review

With a seventy-five year history of sociological and later legal roots, the term "white collar crime" remains an ambiguous concept that academics, policy makers, law enforcement personnel and defense counsel are unable to adequately define. Yet the use of the term "white collar crime" skews statistical reporting and sentencing for this conduct. This Article provides a historical overview of its linear progression and then a methodology for a new architecture in examining this conduct. It separates statutes into clear-cut white collar offenses and hybrid statutory offenses, and then applies this approach with an empirical study that dissects cases prosecuted under …

What Is (And Isn't) Healthism?, Jessica L. Roberts, Elizabeth W. Leonard

Georgia Law Review

What does it mean to discriminateon the basis of health status? Health can, of course, speak to a number of things, such as the length of our lives, our ability to perform mentally and physically, our need for health care, and our risk of injury and incapacity. But the mere relevance of a particular attribute does not mean that considering it should be legally permissible. This Article explores when differentiating on the basis of health is acceptable- perhaps even desirable-and, by contrast, when it is normatively problematic. While we acknowledge that differentiations on the basis of health status can be …

Causation Actually, J. S. Dillbary

Georgia Law Review

This Article debunks the consensus that in concerted
action, concurrent causes, and alternative liability
situations, the actual causation requirement is always
missing. While courts and scholars insist that in these
cases tort law holds liable parties who clearly did not
cause the victim's harm, this Article offers a novel
approach. Using a simple model and applying it to
leading decisions, this Article shows that a party who did
not and could not even potentially injure the victim could
nevertheless be a but-for reason for the harm. The Article
also challenges claims that causation theories like
concerted action, substantial factor and …

Cybersecurity On My Mind: Protecting Georgia Consumers From Data Breaches, Maggie L. Mcmichael

Georgia Law Review

In a world where vast amounts of personal information
are obtained and stored by countless organizations and
businesses in the public and private sector, data breaches,

due to negligence or nefarious hacking, are a far too
common occurrence. The results of a data breach can be
serious and widespread, from public humiliation to
identity theft and national security crises. In an effort to
protect consumers from the potentially devastating effects
of data breaches, the Federal Trade Commission has
begun to take enforcement action against businesses whose
data security practices are alleged to be unfair and
deceptive. Theoretically, states can take …

Let My People Grow: Putting A Number On Strict Scrutiny In The Wake Of Holt V. Hobbs, Dana A. Schwartzenfeld

Georgia Law Review

Beards have always played an important role in human
society, especially in the religious context. One man's
beard even got him in front of the United States Supreme
Court. In Holt v. Hobbs, the Court decided that a prisoner
had a constitutional right to grow a one-half-inch beard
for religious purposes. In making the decision, the Court
made clear that the prisoner's religious interest far
outweighed any security threat that such a short beard
could pose to the prison. The Court declined to go any
further, however, in clarifying the beard length at which
the scales would begin to tip …