Law Commons^™

Gephi Network Files, Folder 2, Part 2: Co-Citation Network Files, Joseph S. Miller

Faculty Datasets

This data subset created and collected by Joseph Miller and digitally preserved here is in support of his forthcoming article "A Judge Never Writes More Freely: A Separate-Opinions Citation-Network Approach to Assessing Judicial Ideology". From the article's abstract:

"This Article is the first to apply a novel empirical method—citation network analysis—to particular appellate jurists’ separate judicial opinions (e.g., concurrences, dissents) in an effort to provide a more detailed picture of a judge’s ideological preferences. It focuses on the separate opinions of Justices Scalia and Thomas through the end of October Term 2019: they served for a similar number …

Gephi Network Files, Folder 2, Part 1: Citation Network Files, Joseph S. Miller

Faculty Datasets

This data subset created and collected by Joseph Miller and digitally preserved here is in support of his forthcoming article "A Judge Never Writes More Freely: A Separate-Opinions Citation-Network Approach to Assessing Judicial Ideology". From the article's abstract:

"This Article is the first to apply a novel empirical method—citation network analysis—to particular appellate jurists’ separate judicial opinions (e.g., concurrences, dissents) in an effort to provide a more detailed picture of a judge’s ideological preferences. It focuses on the separate opinions of Justices Scalia and Thomas through the end of October Term 2019: they served for a similar number …

Suspicionless Policing, Julian A. Cook

Scholarly Works

The tragic death of Elijah McClain—a twenty-three-year-old, slightly built, unarmed African American male who was walking home along a sidewalk when he was accosted by three Aurora, Colorado police officers—epitomizes the problems with policing that have become a prominent topic of national conversation. Embedded within far too many police organizations is a culture that promotes aggressive investigative behaviors and a disregard for individual liberties. Incentivized by a Supreme Court that has, over the course of several decades, empowered the police with expansive powers, law enforcement organizations have often tested—and crossed—the constitutional limits of their investigative authorities. And too often it …

Metaphors Of International Law, Harlan G. Cohen

Scholarly Works

This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.

International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at …

How Chevron Deference Fits Into Article Iii, Kent H. Barnett

Scholarly Works

U.S. Supreme Court Justices Clarence Thomas and Neil Gorsuch, along with Professor Philip Hamburger, assert that Chevron deference-under which courts defer to reasonable agency statutory interpretations-violates Article III. Chevron does so because, they argue, it either permits agencies, not courts, "to say what the law is" or requires judges to forgo independent judgment by favoring the government's position. If they are correct, Congress could not require courts to accept reasonable agency statutory interpretations under any circumstances. This Article does what these critics, perhaps surprisingly, do not do-situates challenges to Chevron within the broad landscape of the Court's current Article III …

Uga School Of Law Covid-19 Student Flow Chart, Fall 2021, University Of Georgia School Of Law, Rachel S. Evans

COVID-19 Pandemic Archive

Two flow charts were revised for Fall 2021 and distributed to faculty, staff and students in August 2021 under advisement from Dean Peter B. Rutledge in consultation with members of UGA's College of Veterinary Medicine, Department of Population Health and the AU/UGA Medical Partnership. UGA Law Librarian Rachel Evans assisted with the graphic design aspects of this resource.

A generic template of this flow chart was also created so that other departments, schools and colleges across the University of Georgia could adapt and use this resource for their communities. That template is attached below as an additional file.

Uga School Of Law Covid-19 Employee Flow Chart, Fall 2021, University Of Georgia School Of Law, Rachel S. Evans

COVID-19 Pandemic Archive

Two flow charts were revised for Fall 2021 and distributed to faculty, staff and students in August 2021 under advisement from Dean Peter B. Rutledge in consultation with members of UGA's College of Veterinary Medicine, Department of Population Health and the AU/UGA Medical Partnership. UGA Law Librarian Rachel Evans assisted with the graphic design aspects of this resource.

A generic template of this flow chart was also created so that other departments, schools and colleges across the University of Georgia could adapt and use this resource for their communities. That template is attached below as an additional file.

Good-Better-Best Practices, Thomas E. Kadri, Jean Mangan

COVID-19 Pandemic Archive

"At our last faculty meeting, Dean Rutledge suggested developing a set of “best practices” to handle some of the challenges posed by the current public-health crisis. In discussing this idea, Jean Mangan and I felt that it might be worthwhile thinking of them as “good-better-best practices,” recognizing that varying approaches will inevitably make sense for different instructional styles and priorities. We offer the ideas in the attached document not to suggest that they’re the best practices, but rather in the hope that they’ll be useful as we all adapt to this new and challenging pedagogical environment." - Thomas …

Voting Trusts And Antitrust: Rethinking The Role Of Shareholder Litigation In Public Regulation, From The 1880s To The 1930s, Laura Phillips Sawyer, Naomi R. Lamoreaux

Scholarly Works

In 1903 the American Telephone and Telegraph Company (AT&T) bought a majority interest in the Kellogg Switchboard and Supply Company, allegedly with the aim of eliminating competition in the telephone business. Perhaps it is not remarkable that the Illinois Supreme Court ruled this acquisition of an Illinois corporation to be illegal. What is noteworthy, however, is that the court took this step at the behest of a group of Kellogg’s minority shareholders who had filed suit to block the deal. Judges had long responded skeptically to such actions, worried that shareholders would clog the courts with challenges to managers’ decisions …

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, …

Dozens Of Groups Brought To Market Via Spacs To Enter Key Russell Index, Usha Rodrigues

Popular Media

Dozens of companies that entered US markets through deals with blank-cheque vehicles in the past year are set to graduate into the Russell 3000 index on Friday evening, giving a potential boost to the fortunes of electric vehicle developers and other speculative ventures.

FTSE Russell, which maintains the popular benchmark, is conducting the annual refresh of its indices this month, adding and removing companies based on their market capitalisations and other factors.

Uga School Of Law Covid-19 Faq Webpage, May 2021, University Of Georgia School Of Law

COVID-19 Pandemic Archive

Established before classes began in the Fall of 2020, throughout the pandemic this web-based resource served as a central public location for questions and answers related to UGA School of Law's reopening, classes, visiting campus, quarantine and other health-based decisions and procedures. It was maintained and updated often by the Office of Student Affairs until it was unpublished after classes concluded in Spring 2021.

Class Of 2021 Commencement, Harold Melton

Graduation Addresses

Georgia Supreme Court Chief Justice Harold D. Melton delivered the University of Georgia School of Law's 2021 Commencement address on May 22 in Stegeman Coliseum, with social distancing measures in place.

Approximately 215 students will be eligible to participate in this year's ceremony for Juris Doctor (J.D.), Master of Laws (LL.M.) and Master in the Study of Law (M.S.L) candidates.

The ticketed event began at 10 a.m. with a virtual program is available at 2021LawCommencementProgram.pdf and an archived copy attached to this record. The ceremony was ivestreamed at /graduation21.

From the School of Law calendar event webapge for this …

Law Library Continuing Services Webpage, May 2021, University Of Georgia Law Library

COVID-19 Pandemic Archive

This screenshot was the final version of the Law Library's COVID-19 Continuing Services webpage. First published on Friday March 13, 2020 as we prepared for our first week of building closure at the onset of the pandemic, it was the primary location of our library's facility hours, pandemic services, and closure information through Spring 2021. This version shows the way the webpage looked on the date it was unpublished May 17, 2021.

6 Ft. Together Portal, University Of Georgia School Of Law

COVID-19 Pandemic Archive

Originally launched in the Spring of 2020 as the University of Georgia School of Law pivoted to virtual instruction to close out the semester with the pandemic still ramping up, this password protected section of the My Georgia Law portal was used for internal law school faculty, staff and student communications to share resources related to COVID-19, mental wellbeing, and other general information. It included a tab of weekly announcements from Dean Peter B. Rutledge, a tab for official messages and UGA COVID related links like Dawg Check and UGA Surveillance testing, and a community hub of daily haikus, student …

2021 Judge Horace J. Johnson, Jr. Lecture On Race, Law And Policy With Stephen Carter, Stephen Carter

Judge Horace J. Johnson Lecture on Race, Law and Policy

Yale Law School's Cromwell Professor Stephen Carter served as the inaugural Judge Horace J. Johnson, Jr. Lecturer on Race, Law and Policy

Carter is the William Nelson Cromwell Professor of Law at Yale Law School, where he has been a member of the faculty since 1982. He is the author of 15 books, as well as six novels, including The Emperor of Ocean Park, which spent 11 weeks on The New York Times bestseller list, and The Impeachment of Abraham Lincoln, a fictional account of a trial of Lincoln in the Senate for high crimes and misdemeanors. Carter …

Did Monsanto Pay A Plaintiff To Force Preemption Appeal? Plus: Judges Debate Vices And Virtues Of Virtual Mdl Hearings, Elizabeth Chamblee Burch, Amanda Bronstad

Popular Media

Welcome to Critical Mass, Law.com’s weekly briefing for class action and mass tort attorneys. Monsanto insists a “high-low settlement” with a Roundup plaintiff wasn’t designed to manufacture an appellate ruling. The chairwoman of the U.S. Judicial Panel on Multidistrict Litigation, which has continued to hold hearings amid the pandemic, says there is “something missing” in virtual oral arguments. What does President Joe Biden’s recognition of the Armenian genocide mean for lawyers representing descendants of the victims?

Some Objections To Strict Liability For Constitutional Torts, Michael Wells

Scholarly Works

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 …

On Command, Diane Marie Amann

Scholarly Works

By reference to the Lieber Code and other sources, this essay emphasizes the history of responsibility underlying the doctrine of command responsibility, and further criticizes developments that seem to have intermingled that doctrine with what are called “modes of liability. The essay urges that consideration of commander responsibility stand apart from other such “modes,” and cautions against a jurisprudence that raises the risk that, before fora like the International Criminal Court, no one can be held to account. It appears in a symposium issue exploring a 2020 Cambridge University Press book by Darryl Robinson, Justice in Extreme Cases: Criminal Law …

Prosecuting Executive Branch Wrongdoing, Julian A. Cook

Scholarly Works

Attorney General William Barr's handling of Robert Mueller's Report on the Investigation into Russian Interference in the 2016 Presidential Election was undeniably controversial and raised meaningful questions regarding the impartiality of the Department of Justice. Yet, Barr's conduct, which occurred at the conclusion of the Mueller investigation, was merely the caboose at the end of a series of controversies that were coupled together from the outset of the investigation. Ensnarled in dissonance from its inception, the Mueller investigation was dogged by controversies that ultimately compromised its legitimacy.

Public trust of criminal investigations of executive branch wrongdoing requires prosecutorial independence. To …

Considering The Therapeutic Consequences Of Recent Reforms To Civil Statutes Of Limitations For Child Sexual Abuse Claims, Emma Hetherington

Scholarly Works

In recent years, child sexual abuse has emerged as a major topic of news, documentaries, and Hollywood films. Public attention on child sexual abuse, including the Boston Globe's reporting on the sexual abuse of children by priests in the Catholic Church, sexual abuse of elite gymnasts, and the #MeToo movement, have brought increased attention to the issue, sparking calls for reform and access to justice. State legislatures across the country have answered these calls for reform by seeking to improve civil statutes of limitation in order to increase survivor access to justice. Between 2002 and 2020, forty-eight states and the …

Who's Going To Law School? Trends In Law School Enrollment Since The Great Recession, Goodwin Liu

Sibley Lecture Series

Lui joined California's highest court in 2011. Previously, he was an associate dean and professor at the University of California, Berkeley, School of Law specializing in constitutional law, education law and policy, and diversity in the legal profession.

Liu continues to teach constitutional law as a visiting professor at both Harvard and Stanford universities.

He obtained his bachelor’s degree from Stanford and attended Oxford University on a Rhodes Scholarship earning his master’s degree. Upon returning to the United States, he helped launch the AmeriCorps national service program in Washington, D.C., and worked for two years as a senior program officer …

The Implications For Australian Businesses Of Recent Developments In Us State Taxation Of Online Cross-Border Sales, Walter Hellerstein

Popular Media

Although there is no broad-based national consumption tax in the United States, 45 of the 50 states and the District of Columbia, as well as thousands of local jurisdictions, impose general retail sales taxes. For the twelve-month period ending in September 2020, sales taxes yielded USD 333 billion or 31.1 per cent of state tax revenues.

The US Supreme Court’s 2018 decision in South Dakota v. Wayfair, Inc. dramatically expanded the US states’ power to require remote suppliers to collect taxes on in-bound sales to local consumers. The decision repudiated the pre-existing, judicially created constitutional rule limiting the states’ …

Index Funds And Millennial Assets, Christopher Bruner

Popular Media

This piece is a review of a forthcoming article titled “Shareholder Value(s): Index Fund ESG Activism and the New Millennial Corporate Governance” (in the Southern California Law Review by M. Barzuza, Q. Curtis and D. Webber). Bruner is a contributing editor to JOTWELL’s Corporate Law section.

Athens News Matters: Cyber Abuse And Intimate Partner Violence, Thomas E. Kadri

Popular Media

No abstract provided.

Alexander Campbell King Law Library Strategic Plan, 2020-2025, University Of Georgia Law Library

Strategic Plan Documents

In 2020 a strategic plan began taking shape from UGA Law Library, in support of the emerging strategic plans from the School of Law and the University of Georgia. This five year plan states that, "The Law Library’s overall objective is to support the Law School’s strategic goals by providing exceptional instruction, research, resources, and data analytics. The Law Library supports the University and the Law School in achieving all three strategic directions for the 2020 – 2025 fiscal years."

A Fireside Chat With Supreme Court Justices Mcmillian And Warren, Carla Wong Mcmillian, Sarah Hawkins Warren

Edith House Lectures

The Women's Law Student Association is hosting the 38th Annual Edith House Lecture featuring Georgia Supreme Court Justices Carla Wong McMillian and Sarah Hawkins Warren. Inaugurated in 1983, the Edith House Lecture Series honors one of the first female graduates of the School of Law, Edith Elizabeth House. House was co-valedictorian of the law class of 1925 and enjoyed a distinguished career in public service.

In a moderated “fireside chat” format, Justices McMillian and Warren spoke about their backgrounds, experiences as women in the legal profession, and paths to Georgia’s highest court. Students and faculty had the opportunity to ask …

Uga School Of Law Strategic Plan, 2020-2025, University Of Georgia School Of Law

Strategic Plan Documents

This 12-page strategic plan includes a detailed roadmap for the University of Georgia School of Law. Various strategic planning groups and committees worked to craft this plan beginning in 2019, and to refine and approve it over the course of 2020 when the University shared its own strategic planning documents. The School of Law shared the draft with faculty and staff by way of the law school's portal as a PDF on July 14, 2020, and later submitted the plan to the University of Georgia in October of 2020. The School of Law plan was later distributed to faculty and …

Univ Of Ga Law A Best Return In Legal Education, University Of Georgia School Of Law

Dean's Messages

Infographic highlighting the University of Georgia School of Law's first-rate training, commitment to serving state and society, and world-class faculty.

Annual Report 2020-2021, Office Of Law School Advancement

Annual Donor Report

From the homepage of the online annual report:

It is an honor to present to you our Annual Report for the 2020-2021 fiscal year. My hope is that as you take time to explore the various content highlighted, you will be reminded that so much of our success depends on the generosity of our donors – and we could not be more grateful.

Our vision remains to be the best return on investment in legal education. Because of your support, we are seeing the fruits of these efforts unfold as we were named the #1 Best Value in Legal Education …