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Full-Text Articles in Law

Blue Carbon, Red States, And Paris Agreement Article 6, Adam D. Orford Feb 2024

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 Jan 2024

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 …


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 Sep 2023

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, …


Class Of 2023 Commencement, Steve C. Jones May 2023

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 Apr 2023

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 39th 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 Mar 2023

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.


Constitutional Text, Founding-Era History, And The Independent-State-Legislature Theory, Dan T. Coenen Jan 2023

Constitutional Text, Founding-Era History, And The Independent-State-Legislature Theory, Dan T. Coenen

Scholarly Works

One question raised by proponents of the so-called independent-state-legislature theory concerns the extent to which state courts can apply state constitutional requirements to invalidate state laws that concern federal elections. According to one proposed application of the theory, state courts can never subject such laws to state-constitution-based judicial review. According to another application, federal courts can broadly, though not invariably, foreclose state courts from drawing on state constitutions to invalidate federal-election-related state legislation. This article evaluates whether either of these positions comports with the original meaning of the Constitution. Given the article’s focus on the originalist methodology, it directs attention …


Evert Family Creates Fund Supporting Veterans Legal Clinic Operations, University Of Georgia School Of Law Jan 2023

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 Jan 2023

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 Jan 2023

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 Jan 2023

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 Jan 2023

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 Jan 2023

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 Jan 2023

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 Jan 2023

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 Jan 2023

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.


Redefining What It Means To Be A Great National Law School, University Of Georgia School Of Law Jan 2023

Redefining What It Means To Be A Great National Law School, University Of Georgia School Of Law

Dean's Messages

No abstract provided.


Uga Again Named Nation’S Best Value In Legal Education, University Of Georgia School Of Law Jan 2023

Uga Again Named Nation’S Best Value In Legal Education, University Of Georgia School Of Law

Dean's Messages

Announcement from Dean Rutledge that the University of Georgia School of Law was recently named the nation’s Best Value in legal education. Notably, this is the fourth time in the last six years that the school has occupied the top spot in the National Jurist ranking, including an historic three-peat at the number one position from 2018 to 2020.


The Internet Tax Freedom Act At 25, Walter Hellerstein, Andrew D. Appleby Jan 2023

The Internet Tax Freedom Act At 25, Walter Hellerstein, Andrew D. Appleby

Scholarly Works

In October 1998, Congress enacted the Internet Tax Freedom Act (ITFA), a temporary three-year “moratorium” on the enactment of new state and local “taxes on Internet access” and on “multiple or discriminatory taxes on electronic commerce.” After extending the act temporarily several times, Congress, in 2016, finally and controversially struck the language temporarily extending the act, thereby making it permanent.

With its idiosyncratic legislative history and statutory language, as well as the recent attention it has received in connection with legal challenges to digital services and analogous taxes, we thought it would be appropriate to commemorate ITFA’s 25th birthday by …


National Federation Of Independent Business V. Sebelius, 567 U.S. 519 (2012), Elizabeth Weeks, Mary Ann Chirba, Alice A. Noble Jan 2023

National Federation Of Independent Business V. Sebelius, 567 U.S. 519 (2012), Elizabeth Weeks, Mary Ann Chirba, Alice A. Noble

Scholarly Works

In National Federation of Independent Business v. Sebelius, decided in 2012, twenty-six states as well as private individuals and an organization of independent businesses challenged the constitutionality of two key components of the Affordable Care Act. The Court upheld the individual mandate but converted the Medicaid eligibility expansion from mandatory to optional for states. Elizabeth Weeks’ feminist rewrite breaks down the public law-private law distinction to get beyond the traditional view of health insurance as a commercial product providing individual financial protection against risk and instead to view it as effecting a risk pool premised on cross-subsidization of the health-care …


Natural Gas And Net Zero: Mutually Exclusive Pathways For The Southeast, Adam D. Orford Jan 2023

Natural Gas And Net Zero: Mutually Exclusive Pathways For The Southeast, Adam D. Orford

Scholarly Works

Climate policy increasingly focuses on pathways to achieving net zero greenhouse gas emissions by 2050, providing a clear standard against which to evaluate energy system planning. Examining the current and projected fuel mix of the electric power sector in the southeastern United States shows that an ongoing transition to natural gas for electricity risks locking in decades of greenhouse gas emissions at levels fundamentally incompatible with net zero goals. Furthermore, southeastern regulatory proceedings are not well designed to engage with this reality, although useful regulatory models are emerging. Natural gas will remain an important part of the southeastern fuel mix …


"The Arc Of The Moral Universe": Christian Eschatology And U.S. Constitutionalism, Nathan Chapman Jan 2023

"The Arc Of The Moral Universe": Christian Eschatology And U.S. Constitutionalism, Nathan Chapman

Scholarly Works

At the heart of American constitutionalism is an irony. The United States is constitutionally committed to religious neutrality; the government may not take sides in religious disputes. Yet many features of constitutional law are inexplicable without their intellectual and cultural origins in religious beliefs, practices, and movements. The process of constitutionalization has been one of secularization. The most obvious example is perhaps also the most ideal of liberty of conscience that fueled religious disestablishment, free exercise, and equality was born of a Protestant view of the individual’s responsibility before God.

This Essay explores another overlooked instance of constitutional secularization. Many …


The Case For The Current Free Exercise Regime, Nathan Chapman Jan 2023

The Case For The Current Free Exercise Regime, Nathan Chapman

Scholarly Works

How the Supreme Court ought to implement the Free Exercise
Clause has been one of the most controversial issues in U.S. rights discourse
of the past fifty years. In Fulton v. City of Philadelphia, a majority of the
justices expressed dissatisfaction with the standard articulated in
Employment Division v. Smith, but they could not agree on what ought to
replace it. This Essay argues that focusing on whether to overrule Smith is a
distraction from the sensitive task of implementing the Free Exercise Clause.
This is not because Smith was “right,” but because (1) the history and
tradition are both …


Presuming Trustworthiness, Ronnell Anderson Jones, Sonja R. West Jan 2023

Presuming Trustworthiness, Ronnell Anderson Jones, Sonja R. West

Scholarly Works

A half-century ago, the U.S. Supreme Court often praised speakers performing the press function. While the Justices acknowledged that press reports are sometimes inaccurate and that media motivations are at times less than public-serving, their laudatory statements nonetheless embraced a baseline presumption of the value and trustworthiness of press speech in general. Speech in the exercise of the press function, they told us, is vitally important to public discourse in a democracy and therefore worthy of protection even when it falls short of the ideal in a given instance. Those days are over. Our study of every reference to the …


Data Versus More Data In Multidistrict Litigation, Elizabeth Chamblee Burch Jan 2023

Data Versus More Data In Multidistrict Litigation, Elizabeth Chamblee Burch

Scholarly Works

A reply to Lynn A. Baker & Andrew Bradt, Anecdotes in the Search for Truth About Multidistrict Litigation, 107 Cornell Law Review Online 249 (2023).

Perceptions of Justice in Multi-district Litigation: Voices from the Crowd presents the results of a study that no one wanted us to do—or help us to do. Professors Lynn Baker and Andrew Bradt would prefer to dismiss as “anecdote” our two-year effort to find and gain the trust of multi-district litigation (MDL) plaintiffs whose attorneys told them not to discuss their case with anyone, including us.

There are decades worth of procedural justice studies …


Mdl For The People, Elizabeth Chamblee Burch Jan 2023

Mdl For The People, Elizabeth Chamblee Burch

Scholarly Works

By the terms of its own statute and the limits of its constitutional authority, multidistrict litigation (“MDL”) is designed to transfer and coordinate individual lawsuits then return plaintiffs back to their chosen fora for case-specific discovery and trial. Because each plaintiff is present and has her own lawyer, there is no need for the judge to police conflicts of interest or attorney loyalty as in the MDL’s kin, the class action.

But these assumptions do not match the empirical reality. Remand is rare. MDL judges resolve ninety-nine percent of the cases before them. And to some attorneys, the people of …


American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman Jan 2023

American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman

Scholarly Works

Book review of Religion and the American Constitutional Experiment, 5th ed. By John Witte Jr., Joel A. Nichols, and Richard W. Garnett. Oxford: Oxford University Press, 2022. Pp. 464. $150.00 (cloth); $39.95 (paper); $26.99 (digital). ISBN: 9780197587614.


Fair Notice, The Rule Of Law, And Reforming Qualified Immunity, Nathan S. Chapman Jan 2023

Fair Notice, The Rule Of Law, And Reforming Qualified Immunity, Nathan S. Chapman

Scholarly Works

After many well-publicized cases of police wrongdoing, a growing number of courts, scholars, and politicians have demanded the abolition of qualified immunity. The doctrine requires courts to dismiss damages actions against officials for violating the plaintiff’s constitutional rights unless a reasonable officer would have known that the right was “clearly established.” Scholars argue that the doctrine impedes deterrence of rights violations and forecloses compensation and vindication for victims.

One line of attack has relied on empirical evidence to challenge what scholars take to be the main justification for qualified immunity, that it prevents the threat of constitutional liability from over-deterring …


Privatizing International Governance, Melissa J. Durkee Jan 2023

Privatizing International Governance, Melissa J. Durkee

Scholarly Works

The theme of this panel is “Privatizing International Governance.” As the opening vignettes should make clear, public-private partnerships of all kinds are increasingly common in the international system. Since United Nations Secretary-General Kofi Annan's launch of the Global Compact in 2000, the United Nations has increasingly opened up to business entities. Now, the Sustainable Development Goals, the Global Compact, and the Guiding Principles on Business and Human Rights all encourage engaging with business entities as partners in developing and executing global governance agendas. These partnerships are seen by some as indispensable to sustainable development, international business regulation, climate change mitigation, …


The University Of Georgia School Of Law And Early Legal Education, Paul Deforest Hicks Jan 2023

The University Of Georgia School Of Law And Early Legal Education, Paul Deforest Hicks

Other Law School Publications

The history of the University of Georgia School of Law examines how developments in American legal education and local attitudes and traditions influenced its formative years. Founded in 1859 as the Lumpkin Law School, it was among the newest of 21 university law schools (those that awarded law degrees) on the eve of the Civil War.

To head the revived law school, the UGA board of trustees chose William L. Mitchell. As chairman of the board’s Prudential Committee, he was a principal architect of the 1859 reorganization of the university that included creation of the law school.

Almost all southern …