Law Commons^™

Constitutional Restraints On Intrastate Distribution Of Taxing Authority, Walter Hellerstein

Scholarly Works

No abstract provided.

Against Bankruptcy: Public Litigation Values Versus The Endless Quest For Global Peace In Mass Litigation, Abbe Gluck, Elizabeth Chamblee Burch, Adam Zimmerman

Scholarly Works

Can bankruptcy court solve a public health crisis? Should the goal of “global peace” in complex lawsuits trump traditional litigation values in a system grounded in public participation and jurisdictional redundancy? How much leeway do courts have to innovate civil procedure?

These questions have finally reached the Supreme Court in Harrington v. Purdue Pharma L.P., the $6 billion bankruptcy that purports to achieve global resolution of all current and future opioids suits against the company and its former family owners, the Sacklers. The case provides a critical opportunity to reflect on what is lost when parties in mass torts find …

Blue Carbon, Red States, And Paris Agreement Article 6, Adam D. Orford

Scholarly Works

Coastal U.S. states, including many that have opposed proactive U.S. climate policies, are contemplating entrance into the supply side of the international carbon credit markets by, among other things, hosting revenue-generating blue carbon projects on their submerged lands. The voluntary carbon credit markets already facilitate private investment in such activities, and the emerging Paris Agreement Article 6 framework is poised to generate investment interest at the national level as well. Reviewing these trends, this Perspective questions whether this is good climate, environmental, and social policy, and advises further oversight and accountability.

The Right To Trial By Jury Shall Remain Inviolate: Jury Trials In Civil Actions In Georgia’S Courts, David E. Shipley

Scholarly Works

Trials, though rare, “shape almost every aspect of procedure,” and the jury trial is a distinctive feature of civil litigation in the United States. The Seventh Amendment of the U.S. Constitution ‘preserves’ the right to jury trial “[i]n suits at common law, where the value in controversy shall exceed twenty dollars.” Even though this amendment does not apply to the states, courts in the states “honor the right to the extent it is created in their constitutions or local statutes.”

The Georgia Constitution provides that “[t]he right to trial by jury shall remain inviolate,” and Georgia’s appellate courts have shown …

Blue Carbon Law, Adam D. Orford

Scholarly Works

This Article explores the emerging law of blue carbon, defined as rules governing human interventions into Earth’s marine carbon cycles. Blue carbon law is of growing importance today as pressure mounts to incorporate coastal conservation and restoration activities into market-based carbon sequestration schemes, and as the planet’s deep oceans are evaluated for their carbon sequestration potential. The Article conceptualizes two broad trends in blue carbon law: the international law of carbon credit markets creating incentives to commodify and monetize blue carbon resources; and the responsive integration of commodification concepts into existing laws that already manage and influence blue carbon systems. …

Challenging The Criminalization Of Undocumented Drivers Through A Health-Justice Framework, Jason A. Cade

Scholarly Works

States increasingly use driver’s license laws to further policy objectives unrelated to road safety. This symposium contribution employs a health justice lens to focus on one manifestation of this trend—state schemes that prohibit noncitizen residents from accessing driver’s licenses and then impose criminal sanctions for driving without authorization. Status-based no-license laws not only facilitate legally questionable enforcement of local immigration priorities but also impose structural inequities with long-term health consequences for immigrants and their family members, including US citizen children. Safe, reliable transportation is a significant social determinant of health for individuals, families, and communities. Applying a health justice lens …

Chevron And Stare Decisis, Kent H. Barnett, Christopher J. Walker

Scholarly Works

In our contribution to this Chevron on Trial Symposium, we argue that the Supreme Court should not overrule Chevron in Loper Bright Enterprises v. Raimondo and its companion case Relentless v. Department of Commerce. We based our argument largely on statutory stare decisis. In particular, Chevron deference is a bedrock precedent in administrative law, relied on by the Supreme Court and the lower federal courts thousands of times since Chevron was decided in 1984. Congress, federal agencies, and the regulated public have also structured their affairs around the precedent. Conversely, the constitutional arguments against Chevron are unpersuasive, and the debate …

Judicial Threats To Olmstead And The Americans With Disabilities Act, Jean Mangan, Andrea L. Dennis

Scholarly Works

The authors examine the U.S. Supreme Court decision in Olmstead v L.C. ex rel. Zimring and related Supreme Court rulings that could raise questions about the Americans With Disabilities Act's guarantee of care in integrated settings and about which governmental entity's interpretation should be respected when deciding whether a state has met its integration obligation. After reviewing statutes, administrative regulations, and judicial decisions, the authors conclude that Olmstead's integration mandate will likely stand, but actions should be taken to codify the rule in federal and state statutes so that governmental agencies will continue to have the authority to ensure compliance …

Jurisdiction Beyond Our Borders: United States V. Alcoa And The Extraterritorial Reach Of American Antitrust, 1909–1945, Laura Phillips Sawyer

Scholarly Works

Chapter in the book Antimonopoly and American Democracy by Daniel A. Crane and William J. Novak, eds., Oxford University Press, 2023.

In 1945, Judge Learned Hand wrote one of the most influential opinions in modern antitrust law. In declaring that the Aluminum Company of America (Alcoa) had illegally monopolized the industry for virgin aluminum and had participated in an illegal international cartel, Hand both revived and extended American antitrust law. The ruling is famous for several reasons: it narrowly defined the relevant market in favor of the government; it expanded the category of impermissible dominant firm conduct; it interpreted congressional …

2023 Judge Horace J. Johnson, Jr. Lecture On Race, Law And Policy With Vanita Gupta, Vanita Gupta, Peter B. Rutledge, Clare R. Norins, John B. Meixner Jr., Matthew R. Auer

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

School of Law Dean Peter Bo Rutledge gave introductory remarks, while law faculty members Clare Norins and John Meixner co-moderated, and SPIA Dean Matthew Auer provided closing remarks.

Vanita Gupta is the 19thUnited States Associate Attorney General and serves as the third-ranking official at the Department of Justice. Associate Attorney General Gupta supervises multiple litigating divisions within the Department of Justice, including the Civil Division, Civil Rights Division, Antitrust Division, Tax Division, and Environmental and Natural Resources Division. She also oversees the grant making components of the Department, including the Office of Justice Programs, the Office on Violence Against Women, …

Architects, Artists, Photographers, Property Owners, The Public And Their Rights: Reconciling Vara, The Awcpa, And Copyright Fundamentals, David E. Shipley

Scholarly Works

Murals, sculpture, and other works of visual art have been parts of buildings, monuments and other structures for centuries, but copyright infringement litigation in the federal courts between artists, architects, photographers, and building owners is a relatively recent phenomenon. The outcome of these lawsuits has an impact on the public seeing works of visual art; experiencing works of visual art on buildings, monuments, and structures; and, looking at photographs of visual art on or in those architectural works. This article focuses on how the Copyright Act’s protection of artists’ rights in their works of visual art on buildings under the …

All The News That’S Fit To Be Identified: Facilitating Access To High-Quality News Through Internet Platforms, Sonja R. West, Jonathan Peters, Lefteris Jason Anastasopolous

Scholarly Works

Roughly half of Americans get some of their news from social media, and nearly two-thirds get some of their news from search engines. As our modern information gatekeepers, these internet companies bear a special responsibility to consider the impact of their platform and site policies on users’ access to high-quality news sources. They should adopt policies that clear the digital pathway between the public and press by facilitating such access. To that end, the companies must first, address the threshold issue of how best to identify high-quality news sources. This article examines factors that would be useful, drawing from legal …

The Spac Market, Usha Rodrigues, Michael Stegemoller

Scholarly Works

Special purpose acquisition companies (SPACs) exploded in popularity in the past few years, to such a degree that they made up 60% of IPOs in 2020, 66.3% in 2021, and 69.4% in 2022. Celebrities from Colin Kaepernick to Jay-Z have launched SPACs, but perhaps the most feverish attention came in October 2021, when a SPAC called Digital World Acquisition Corp (DWAC) announced plans to acquire Trump Media & Technology Group (TMTG), a social media company headed by former president Donald Trump.

The SPAC frenzy has now abated, a casualty of some combination of higher interest rates, regulatory crackdown, and oversupply. …

Plaintiffs' Process: Civil Procedure, Mdl, And A Day In Court, Elizabeth Chamblee Burch, Abbe R. Gluck

Scholarly Works

The article focuses on the concept of "plaintiffs process" within the field of civil procedure. It discusses how civil procedure doctrine has traditionally been defendant-centric, focusing on the rights and protections of defendants in legal cases. It examines the role of multidistrict litigation (MDL) in this context and how it impacts plaintiffs rights and access to the courts.

Environmental Law, Travis M. Trimble

Scholarly Works

In 2022, the United States Court of Appeals for the Eleventh Circuit held that a plaintiff and the organization to which she belonged had standing, based on her claimed injury to her aesthetic well-being, to bring a Clean Water Act (CWA) citizen suit against a developer who had allegedly filled a wetland in violation of its permit, even though the plaintiff had never visited the wetland and even though the wetland was on private property not accessible to the plaintiff. The United States District Court for the Northern District of Alabama concluded that acid mine leachate from a refuse pile …

Mindfulness For Lawyers Cannot Begin Too Early, Heather Simmons

Articles, Chapters and Online Publications

Mindfulness can help law students handle the stress of Socratic method and cold calling. But the standard mindfulness panic practice, which is to stop and take three deep breaths, doesn’t work because the professor is waiting for an answer. In my ABA Student Lawyer article, I describe the following alternative: Step 1. Plant your feet firmly on the floor; Step 2. Sit up straight; Step 3. Take one deep breath; Step 4. Now restate the question. These steps could easily be modified to work in court when the judge asks a challenging question.

Class Of 2023 Commencement, Steve C. Jones

Graduation Addresses

Commencement took place on May 20, 2023 to recognize Juris Doctor, Master of Laws and Master in the Study of Law graduates in the University of Georgia School of Law ceremony. The School of Law will held its commencement for the Class of 2023 in the Classic Center Grand Hall. The Honorable Steve C. Jones, U.S. District Judge for the Northern District of Georgia, former Georgia Superior Court judge, 1987 alumni, delivered the keynote address.

A longer set of biographical information related to the speaker was shared alongside other Commencement 2023 details via email, and is duplicated below:

"The Honorable …

40th Edith House Lecture With Lisa Monaco, Lisa Monaco

Edith House Lectures

The Georgia Association for Women Lawyers UGA Chapter hosted the 40th Edith House Lecture on April 11, 2023 featuring Lisa O. Monaco, the 39^th Deputy Attorney General of the United States.

This event was for members of the law school community only and was moderated by student leaders Madison Tucker and Kate Grier.

The Edith House Lecture is sponsored by the Georgia Association for Women Lawyers UGA Chapter (formerly the Women Law Students Association), in honor of one of the first female graduates of the School of Law. House, a native of Winder, Georgia, was co-valedictorian of the law …

American Democracy In Peril, J. Michael Luttig

Sibley Lecture Series

"American Democracy in Peril" was presented by Judge J. Michael Luttig as the 121st Sibley Lecture. Luttig served as a federal judge for the U.S. Court of Appeals for the Fourth Circuit from 1991 to 2006. He also has worked with Boeing and Coca-Cola in the private sector.

This event was for members of the law school community only. It took place in the Hatton Lovejoy Courtroom at the University of Georgia School of Law March 22, 2023 at 3:30 pm. A reception followed in the Davenport Rotunda.

A Body Without A Soul: Why Print Still Matters In Legal Research, Mari Cheney, Heather Simmons

Articles, Chapters and Online Publications

This article argues that print still has a place in legal research pedagogy and that some materials should still be collected in print in addition to online should the budget allow for it due to five primary reasons: (1) stability of legal information; (2) context; (3) information literacy; (4) algorithm bias; and (5) the discovery of information. Since many law library budgets are shrinking, there are creative ways for online legal publishers to make online material more print-like should libraries be unable to purchase both print and online material.

Lisp – An Historical Reminiscence, Heather Simmons

Articles, Chapters and Online Publications

Reflections on the history of the Legal Information Services to the Public group of the American Association of Law Libraries.

Evert Family Creates Fund Supporting Veterans Legal Clinic Operations, University Of Georgia School Of Law

Dean's Messages

Announcement of Dean Rutledge that 1983 School of Law alumnus Michael Evert, his wife Angi and their daughters – Emily Evert Scanlon (B.B.A.’09), Georgia Evert O’Donoghue (B.B.A.’11) and Maggie Evert Jones (A.B.’13) – have made a major commitment to support the Veterans Legal Clinic. The establishment of the Michael and Angi Evert Family Endowment for the Veterans Legal Clinic offers perpetual support to help fund the clinic's operations.

Perryman Family Creates Scholarship To Blend Science With The Law, University Of Georgia School Of Law

Dean's Messages

Announcement by Dean Rutledge that 1986 alumnus David G. Perryman and his wife Kirsti R. Perryman have created a unique scholarship fund that will benefit those with a degree or background in biology, genetics, chemistry, neuroscience or similar area.

School Of Law Establishes Five Scholarships With Help Of Uga Foundation Partnership, University Of Georgia School Of Law

Dean's Messages

Announcement of Dean Rutledge of five scholarship funds that are being established through gifts from individual donors and a partnership with the University of Georgia Foundation.

Phillips-Sawyer Named Inaugural Wilson Professor In Business Law, University Of Georgia School Of Law

Dean's Messages

Announcement by Dean Rutledge about the establishment of the Jane W. Wilson Professorship in Business Law by an anonymous donor. This professorship will be held by a scholar who is a leader in business law and who is engaged in a combination of teaching, research and public service. The inaugural holder of this position will be Laura Phillips-Sawyer, an expert in U.S. antitrust law and policy.

Goddard Foundation Bolsters Support For Veterans, University Of Georgia School Of Law

Dean's Messages

Announcement by Dean Rutledge that the John N. Goddard Foundation has made a gift to support the University of Georgia School of Law's veterans. This money will help these former military members with bar preparation expenses, professional attire, summer work grants, books and other special costs incurred while earning their law degrees.

Matching Funds From Uga Foundation Help Create $500,000 In New Endowed Scholarships, University Of Georgia School Of Law

Dean's Messages

Announcement of Dean Rutledge creating the Eric L. Roden Civil Justice Scholarship will benefit students who have an interest in oral advocacy and the pursuit and defense of civil justice, and the Polsinelli Simmons Family Scholarship, created by Polsinelli Chairman and Chief Executive Officer F. Chase Simmons (J.D.’97), will be designated for students enrolled at the law school who are committed to furthering the advancement of women in law.

School Of Law Achieves New Milestone, University Of Georgia School Of Law

Dean's Messages

Announcement from Dean Rutledge that In the U.S. News & World Report law school rankings released earlier today, the School of Law now ranks 20th among the nation’s 196 fully ABA-accredited law schools (our highest ranking ever).

Record-Setting Class Enrolls At The School Of Law, University Of Georgia School Of Law

Dean's Messages

Announcement from Dean Rutledge that the The Juris Doctor Class of 2026 boasts a record-high 169 median LSAT score and an impressive 3.83 median undergraduate GPA. These 165 students hail from 26 states and studied at 59 undergraduate institutions. More than 20 are first-generation college graduates, all of who receive financial support as well as programmatic offerings through the First-Start Scholars Program (initiated by a gift from 1982 alumna Kathelen V. Amos and the Daniel P. Amos Family Foundation). We also welcomed six veterans, all of who are guaranteed financial assistance through the Butler Commitment (proudly supported by 1977 …

Memorial Fund Established In Honor Of David Ralston, University Of Georgia School Of Law

Dean's Messages

Announcement from Dean Rutledge that the late Georgia Speaker of the House David E. Ralston is being memorialized with a scholarship bearing his name at the University of Georgia School of Law. The fund will provide support for scholarships, summer fellowships or Georgia leaders-in-residence at the School of Law, in honor of Ralston, who died in November 2022 at the age of 68.