Law Commons^™

Campuses Or Courtrooms? Government Involvement In U.S. And U.K. University Sexual Misconduct Response, Courtney H. Robinson

Georgia Journal of International & Comparative Law

No abstract provided.

Freedom And Whisky: The Renewed Case For Scottish Independence In A Post-Brexit Europe, Emily P. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Do You Need Legs To Stand? Wild Rice Stands In Trial And An Examination Of The Use Of Legal Personhood To Protect The Rights Of Nature In Court, Anna C. Scartz

Georgia Journal of International & Comparative Law

No abstract provided.

The Roots Of Rights: Where Do Courts Find Constitutional Support For A Woman’S Right To Choose Or A Fetal Right To Life?, Kathleen M. Mcgean

Georgia Journal of International & Comparative Law

No abstract provided.

The Concept Of “Investment” At The Dawn Of The Digital Era, Dmitry A. Pentsov

Georgia Journal of International & Comparative Law

New methods of doing international business, which have appeared in the process of digital transformation of economic and social life, have not gone unnoticed by a number of States that use tax and administrative methods to regulate them. One possible way to protect the interests of operators of digital business models from such regulation could be bringing claims against these States on the basis of bilateral and multilateral treaties for the promotion and protection of investments. Among the mandatory conditions for the presentation of such claims is the presence in the territory of a host State of protected “investments” within …

Conflict Resolution Procedures Within The Courtroom: Between The Adversarial And Inquisitorial Traditions, Amos Gabrieli, Michal Alberstein

Georgia Journal of International & Comparative Law

Modern courts have evolved around two central legal traditions—the adversarial and the inquisitorial. The two traditions have historically reflected different approaches towards consent and authority or towards conflict resolution and strict application of the law. Yet with the blurring of boundaries between the two legal traditions, and alongside various reforms in adversarial and inquisitorial legal systems, new practices of judicial conflict resolution within the courtroom have developed. This Article will compare the two legal traditions and examine the assimilation of ideologies and procedures typical to conflict resolution processes into the work of judges, as they strive to end civil legal …

Tortious Liability In China’S Motorsports Industry, Hui Jing, Chen Gengzhao, Sun Bing

Georgia Journal of International & Comparative Law

In 2020, the Chinese Civil Code came into effect. Article 1176 of the code offers a statutory defense for those participating in “a recreational or sports activity carrying certain risk” when they cause injury to other participants. However, the Chinese Civil Code does not specify how or to what extent Article 1176 may be relied upon as a statutory defense in assessing the tortious liability of the organizers of such recreational or sports activities. The courts in China have long sought to develop a principled approach to applying the voluntary assumption of risk defense to such organizers. This Article provides …

Attributing Criminal Responsibility For The Crime Of Aggression, Nikola R. Hajdin

Georgia Journal of International & Comparative Law

To hold a person criminally responsible, the prosecution must prove that his conduct violated (without justification) a prohibitory norm of the criminal code and that he is culpable for such wrongdoing. In international criminal law, wrongfulness and culpability are assessed through the prisms of material (actus reus) and mental (mens rea) elements, respectively. Also called “objective attribution,” ascribing wrongfulness requires a causal link between individual conduct and criminal consequences. Attributing culpability, or “subjective attribution,” on the other hand, consists of establishing mental links between the perpetrator and the occurrence he has caused and the situation in which such an event …

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

Georgia Journal of International & Comparative Law

No abstract provided.

A Short Treatise On College-Athlete Name, Image, And Likeness Rights: How America Regulates College Sports’ New Economic Frontier, John T. Holden, Marc Edelman, Michael Mccann

Georgia Law Review

For the past seventy years, intellectual property law’s right of publicity has allowed for celebrities to monetize their names, images and likenesses for commercial gain. Until recently, the National Collegiate Athletic Association’s (NCAA) internal Principle of Amateurism excluded college athletes from the endorsement marketplace, keeping the wealth of college sports in the hands of a select few administrators, athletic directors, and coaches.

Following years of mounting pressure from the college-athletes’ rights movement, a number of states recently announced new laws to ensure college athletes the right to endorse products free from NCAA interference. As such, the NCAA begrudgingly relented on …

Because They Are Lawyers First And Foremost: Ethics Rules And Other Strategies To Protect The Justice Department From A Faithless President, Stephen Gillers

Georgia Law Review

During the Trump presidency, Americans were reminded that the nation relies on norms or custom—not laws alone—to protect the Department of Justice and the rule of law from improper political interference. The Justice Department is an agency within the Executive Branch and the Supreme Court has told us that the executive power—“all of it”—resides in the President alone, implying that the President can use the Department anyway he wishes limited only by the Constitution and by laws that do not violate separation of powers principles. Which laws are those? This Article concludes that Congress can do only a little to …

Contracts Without Courts Or Clans: How Business Networks Govern Exchange, Sadie Blanchard

Georgia Law Review

Legal scholars have long recognized the close-knit community as an alternative means of supporting trade when contract law and trusted courts cannot. But recent research suggests that another option may be available: heterogeneous business networks. What is interesting is that these networks lack features traditionally seen as essential to community-supported trade. In particular, they lack preexisting social ties that allow reliable information to spread at low cost, make exiting the trade difficult, and enable the coordinated sanctioning of cheaters. As a result, some leading scholars have come to doubt that these networks are capable of sustaining cooperation.

This Article offers …

The Crossover Event From Hell: Evidence, Admissibility, And Truth When Reality Television Meets Criminal Prosecution, K. L. Renner

Georgia Law Review

Erika Girardi has played many roles: Real Housewives star, pop singer, Broadway performer. But Girardi’s new role as a party in a host of lawsuits related to her husband’s alleged embezzlement of client settlement funds may be her most difficult yet. For years, Girardi and her spending habits were closely documented by television cameras and broadcasted to millions of viewers. When news of Girardi’s legal troubles broke, a question emerged: if Girardi were to face criminal charges in connection with her husband’s misdeeds, would prosecutors be able to use years of footage of Girardi to help their cases?

While evidence …

Making Lease Payments A Lessor Problem, Devin C. Berrigan

Georgia Law Review

The frustration of purpose doctrine is a contracts defense that has garnered increased interest since the COVID-19 pandemic’s initial wave. To manage this public health emergency, many governments have issued orders restricting the operation of businesses. These orders, while necessary, put commercial lessees in a bind once it came time to pay rent because these restrictions drastically cut their profits. Other frustrating events, like war and natural disasters, cause the same problems, yet the current frustration of purpose doctrine is too narrow to be practically helpful to these lessees. This Note examines the English and Canadian frustration doctrines and draws …

Is Your Socially Responsible Investment Fund Green Or Greedy? How A Standard Esg Disclosure Framework Can Inform Investors And Prevent Greenwashing, Cara Beth Musciano

Georgia Law Review

As environmental, social, and governance (ESG) investing exponentially increases, so does the level of inconsistent ESG disclosures, adding to investor confusion. Without any mandates for standardization, companies will continue disclosing their sustainability efforts without concrete facts behind their subjective claims in hopes that they will appear “greener” to investors. This practice—known as greenwashing—could become prevalent, resulting in capital intended for sustainable investments flowing toward harmful businesses investors sought to avoid. Regulators should develop a mandatory ESG disclosure framework to create accurate, reliable data and to prevent capital from being misallocated against investors’ genuine sustainable efforts. Some existing rules could hold …

Safeguarding America’S “Unnatural” Guardians: How Georgia’S Legal Guardianship Statute Excludes “Atypical,” Matriarchal Familial Structures Rooted In Black Culture, Destiny B. Barnett

Georgia Law Review

The stereotypical American family is often seen as one man, one woman, and their child. However, this notion of the traditional family is changing. For centuries, familial matriarchs have assumed roles typically reserved for a child’s biological parents. Specifically, African American grandmothers, aunts, and other female figures have served as kinship caregivers for countless generations of children dating back to before the period of American slavery. These forgotten matriarchs, who often serve as the foundation of African American family units, have been historically abandoned by our universalist legal system that idolizes the nuclear concept of family and favors the retention …

Table Of Contents

Georgia Law Review

No abstract provided.

Does It Sparc Joy? Cleaning Up The Spac Space, G. Max Miseyko

Georgia Law Review

For the last few years, the special purpose acquisition company—SPAC—was one of the hottest investment trends on Wall Street. In a SPAC, an investment vehicle with a limited lifespan (usually two years), a sponsor raises money from investors up front with the goal of finding a target company to take public via a reverse merger with a publicly traded shell company. Once touted as a democratized way to access public markets that avoids the rigors associated with traditional initial public offerings (IPOs), those characterizations came under fire in 2021 as academics and regulators spotlighted the hidden costs and misaligned incentives …

Democratic Renewal And The Civil Jury, Richard L. Jolly, Valerie P. Hans, Robert S. Peck

Georgia Law Review

The United States is in a period of democratic decline. Waning commitment to principles of self-governance throughout the polity necessitates urgent action to revitalize the Republic. The civil jury offers an often-overlooked avenue for such democratic renewal. Welcoming laypeople into the courthouse and deputizing them as constitutional actors demonstrates a profound faith in representative governance and results in wide-reaching and pronounced sociopolitical and administrative benefits. The Seventh Amendment of the U.S. Constitution and similar state provisions protect the rights of litigants to jury trials in most circumstances. But these promises have been hollowed over time through legal, political, and practical …

Table Of Contents

Georgia Law Review

No abstract provided.

Legal Rights For Rivers, Katie O'Bryan

Georgia Journal of International & Comparative Law

No abstract provided.

"In Countless Ways And On An Unprecedented Scale": Reflections On The Stockholm Declaration At 50, Rebecca Bratspies

Georgia Journal of International & Comparative Law

No abstract provided.

Conference: The 1972 Stockholm Declaration At Fifty: Reflecting On A Half-Century Of International Environmental Law / International Environmental Law At Its Semicentennial: The Stockholm Legacy / Hosted By The Dean Rusk International Law Center And The Georgia Journal Of International And Comparative Law On October 8, 2021 In Athens, Georgia And Online, Melissa J. Durkee

Georgia Journal of International & Comparative Law

No abstract provided.

All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham

Georgia Journal of International & Comparative Law

No abstract provided.

Accidents On The High Seas And Flags Of Convenience: Whether The Bbnj Draft Treaty Will Address Insufficient Regulatory Compliance By Open Registry States, Kaitlyn O'Hara

Georgia Journal of International & Comparative Law

No abstract provided.

The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World, Audrey Cunningham

Georgia Journal of International & Comparative Law

No abstract provided.

More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne

Georgia Journal of International & Comparative Law

No abstract provided.

Upholding Disability Rights In The Americas: The Role Of The Inter-American Institutions, Ying Chen, Paul Mcdonough

Georgia Journal of International & Comparative Law

This Article studies how the adjudicative institutions created by the Inter-American Convention on Human Rights (ACHR) have worked to uphold the rights of persons with disabilities. It argues that those institutions, the Inter-American Commission on Human Rights (the Commission or IACHR) and the Inter-American Court of Human Rights (the Court or IACtHR), have begun to construct a regime of enforceable rights of persons with disabilities by applying international rules and interpretations to fill gaps in a relatively sparse Inter-American disability rights treaty framework. To buttress general principles of equality and non-discrimination with specific rights, the Commission and the Court have …

Class Of 2022 Commencement, Lisa Godbey Wood

Graduation Addresses

The School of Law will hold its commencement ceremony for the Class of 2022 in Stegeman Coliseum.

Lisa Godbey Wood, U.S. District Court Judge for the Southern District of Georgia and 1990 alumna, will deliver the keynote address.

Intellectual Heirs Property: Why Certain Musical Copyrights Should Be Included In The Heirs Property Reform Movement, Austin Weatherly

Journal of Intellectual Property Law

The modern heirs property reform movement seeks to ameliorate the issues caused by the procedures governing the inheritance of real property from landowners who die intestate. This procedure can have a negative impact on heirs and the value of their inherited property. The reform movement, as it stands, only seeks to resolve the issues created by these procedures in the real property context. The rhetorical basis for the modern heirs property reform movement largely focuses on closing the racial wealth gap in the United States and slowing the wealth bleed from one black generation to the next. Many of the …