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Articles 3301 - 3330 of 4757
Full-Text Articles in Law
If The Shoe Fits: Kasky V. Nike And Whether Corporate Statements About Business Operations Should Be Deemed Commercial Speech, Jason A. Cade
If The Shoe Fits: Kasky V. Nike And Whether Corporate Statements About Business Operations Should Be Deemed Commercial Speech, Jason A. Cade
Scholarly Works
This Note argues that the Kasky court was correct to recognize that today's commercial speech encompasses communications beyond traditional advertisements about products or services. Corporations are aware that a sizeable number of consumers rely on their statements about their business operations when making investment and purchasing decisions. In order to ensure the accuracy of these statements, and thereby protect the integrity of the market, this speech is properly considered commercial speech.
Affirmative Action In The Workplace: The Signficance Of Grutter?, Rebecca H. White
Affirmative Action In The Workplace: The Signficance Of Grutter?, Rebecca H. White
Scholarly Works
The Supreme Court's decision last term in Grutter v. Bollinger answered important questions about the affirmative use of race in the educational context. I have been asked by the editors of the Kentucky Law Journal to explore the impact the decision is like to have on affirmative action in a different context--employment. Simply put, to what extent does Grutter affect a public or private employer's ability to voluntarily adopt an affirmative action plan in order to diversify its workplace? The short answer, of course, is that the Grutter decision does not directly apply to the affirmative use of race or …
Academic Law Library Directors’ Law School Courses, Ann Puckett
Academic Law Library Directors’ Law School Courses, Ann Puckett
Scholarly Works
Summarizes informal survey of law library directors concerning topics on which they have taught courses.
Local Government Liability Litigation: Numerical Nuances, R. Perry Sentell Jr.
Local Government Liability Litigation: Numerical Nuances, R. Perry Sentell Jr.
Scholarly Works
Georgia local government law not only encompasses a forbidding substantive expanse; it occupies a dominating presence before the Georgia appellate courts. Those courts are called to resolve all manner of litigation erupting from citizen exposure to government at its first level. The controversies feature issues both recurring and unique; they represent nothing less than the essence of law in daily life. An annual effort to chronicle those controversies over a good number of years reveals two (among many) distinct facets. First, local government liability has consistently dwarfed all other litigated issues; and second, this pervading characteristic emits no signs of …
Introduction: From Autocracy To Democracy: The Effort To Establish Market Democracies In Iraq And Afghanistan, David Shipley, Clete D. Johnson
Introduction: From Autocracy To Democracy: The Effort To Establish Market Democracies In Iraq And Afghanistan, David Shipley, Clete D. Johnson
Scholarly Works
These remarks were made at the Georgia Journal of international and Comparative Law's conference of April 16, 2004, "From Autocracy to Democracy: The Effort to Establish Market Democracies in Iraq and Afghanistan."
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
In 2003 the United States Court of Appeals for the Eleventh Circuit decided two cases concerning the Clean Air Act, holding that provisions allowing the Environmental Protection Agency (“EPA”) to address compliance issues through the issuance of administrative compliance orders are unconstitutional2 and that the Clean Air Act does not waive the United States’ defense of sovereign immunity in an action for punitive penalties for past violations of air pollution laws. The court also considered for the first time the circumstances under which a state enforcement action would preempt a citizen suit under the Clean Water Act. This Article also …
Lyman Ray Patterson: Scholar And Gentle Man, Paul M. Kurtz
Lyman Ray Patterson: Scholar And Gentle Man, Paul M. Kurtz
Scholarly Works
The University of Georgia School of Law community and the legal academy lost a dear friend, an outstanding scholar, and a wonderful colleague and teacher when Ray Patterson died after a long career and a short illness in November 2003.
Guantánamo, Diane Marie Amann
Guantánamo, Diane Marie Amann
Scholarly Works
This article addresses not only offshore detainees at Guantánamo and elsewhere, but also the two Americans and one Qatari held in the United States as enemy combatants. It focuses on the critical issues in U.S. litigation - extraterritoriality and deference - yet also examines the scope of detention and the propriety of proposed special tribunals. After demonstrating that in the wake of September 11, 2001, no U.S. constitutional precedent governed these issues, the article then looks to norms drawn from international humanitarian and human rights law to aid decision. The Supreme Court increasingly consults such external norms as persuasive authority; …
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Scholarly Works
In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …
Three Views Of Visiting, Terrill Pollman, Jim Levy, Samantha Moppett
Three Views Of Visiting, Terrill Pollman, Jim Levy, Samantha Moppett
Scholarly Works
A panel discussion among legal writing instructors of the pros and cons of accepting visiting teaching positions at other law schools.
Use And Disclosure Of Protected Health Information For Research Under The Hippa Privacy Rule, The: Unrealized Patient Autonomy And Burdensome Government Regulation, Stacey A. Tovino
Scholarly Works
This article offers a legal and ethical analysis of the requirements of federal privacy regulations (herein after the “Privacy Rules”) relating to the use and disclosure of individually identifiable health information for research activities. Section II of this article provides a legal summary of the Privacy Rules’ complex research provisions. Sections III and IV of this article analyze the Privacy Rules’ research provisions from a legal and ethical perspective. Specifically, Section III addresses whether the Privacy Rules promote autonomy by analyzing certain of the legal rights attributed to individuals who are the subjects of health information including: (1) the general …
Our Selma Is Here: The Political And Legal Struggle For Educational Equality In Denver, Colorado, And Multiracial Conundrums In American Jurisprudence, Tom I. Romero Ii
Our Selma Is Here: The Political And Legal Struggle For Educational Equality In Denver, Colorado, And Multiracial Conundrums In American Jurisprudence, Tom I. Romero Ii
Scholarly Works
No abstract provided.
Before The Doors Closed: A Historical Perspective On Public Access, David S. Tanenhaus
Before The Doors Closed: A Historical Perspective On Public Access, David S. Tanenhaus
Scholarly Works
No abstract provided.
Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley
Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley
Scholarly Works
In this Article, Professor Beazley proposes that a Legal Writing revolution is the next revolution in legal education, and that the revolution is not just coming, it has begun. She offers first steps for law school faculty to take in furtherance of this revolution. Professor Beazley argues that the pioneers of this new revolution are Legal Writing faculty. Section I of this Article examines some ways that the law school culture that segregates Legal Writing faculty has both promoted their opportunities to develop innovative pedagogies and inhibited their ability to share those pedagogies with other faculty. Section II explains certain …
Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin
Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin
Scholarly Works
No abstract provided.
Treaty Governance, Intellectual Property And Biodiversity, John Linarelli
Treaty Governance, Intellectual Property And Biodiversity, John Linarelli
Scholarly Works
When resources become valuable, various social and institutional pressures come to bear to enclose them in a property rights regime. Given the substantial progress of biotechnology and the life sciences, genetic resources found in biological diversity are experiencing such pressures. The question of how much commodification or commercialization of genetic resources is appropriate is of global concern; it affects the distribution of wealth in and among societies and countries. This article explores the emerging treaty law on intellectual property and biodiversity. It inquires What is biodiversity? and Why is biodiversity preservation important? It then focuses on the United Nations Framework …
Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon
Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon
Scholarly Works
No abstract provided.
Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law, Marjorie A. Silver
Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law, Marjorie A. Silver
Scholarly Works
No abstract provided.
Judicial Review And Diversity, Deseriee A. Kennedy
Judicial Review And Diversity, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship (Symposium: Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law), Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters
Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship (Symposium: Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law), Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters
Scholarly Works
No abstract provided.
Community Service Component Of An Alternative Bar Exam, Eileen Kaufman
Community Service Component Of An Alternative Bar Exam, Eileen Kaufman
Scholarly Works
No abstract provided.
Mining Mediation Rules For Representation Opportunities And Obstacles, Harold I. Abramson
Mining Mediation Rules For Representation Opportunities And Obstacles, Harold I. Abramson
Scholarly Works
No abstract provided.
Kosher Without Law: The Role Of Nonlegal Sanctions In Overcoming Fraud Within The Kosher Food Industry, S. Crincoli (Sigman)
Kosher Without Law: The Role Of Nonlegal Sanctions In Overcoming Fraud Within The Kosher Food Industry, S. Crincoli (Sigman)
Scholarly Works
No abstract provided.
Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli
Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli
Scholarly Works
Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and economics, utilitarianism, and his …
Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin
Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin
Scholarly Works
No abstract provided.
Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin
Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin
Scholarly Works
No abstract provided.
Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin
Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin
Scholarly Works
No abstract provided.
Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Scholarly Works
No abstract provided.
Course Of Performance As Evidence Of Intent Or Waiver: A Meaningful Preference For The Latter And Implications For Newly Broadened Use Under Revised U.C.C. Section 1-303, Jack M. Graves
Scholarly Works
No abstract provided.
Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages (Symposium: The Fifteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.