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University of Georgia School of Law

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Full-Text Articles in Law

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

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 Aug 2021

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 Aug 2021

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 Kadri


The Clean Air Act Of 1963: Postwar Environmental Politics And The Debate Over Federal Power, Adam D. Orford Jul 2021

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 Jun 2021

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 May 2021

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.


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

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 May 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 ...


Did Monsanto Pay A Plaintiff To Force Preemption Appeal? Plus: Judges Debate Vices And Virtues Of Virtual Mdl Hearings, Elizabeth Chamblee Burch, Amanda Bronstad Apr 2021

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 Apr 2021

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 Apr 2021

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 Apr 2021

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 ...


The Implications For Australian Businesses Of Recent Developments In Us State Taxation Of Online Cross-Border Sales, Walter Hellerstein Mar 2021

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 ...


Index Funds And Millennial Assets, Christopher Bruner Mar 2021

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 Mar 2021

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 Mar 2021

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 Feb 2021

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 ...


Uga School Of Law Strategic Plan, 2020-2025, University Of Georgia School Of Law Jan 2021

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 ...


Does Tax Matter? Evidence On Executive Compensation After 162(M)'S Repeal, Gregg Polsky, Brian Galle, Andrew Lund Jan 2021

Does Tax Matter? Evidence On Executive Compensation After 162(M)'S Repeal, Gregg Polsky, Brian Galle, Andrew Lund

Scholarly Works

As part of the most sweeping federal tax reform in a generation, the Tax Cuts and Jobs Act (“TCJA”) radically altered the tax treatment of compensation paid to senior executives of public companies. Prior to the TCJA, payment of such compensation in excess of one million dollars was non-deductible except to the extent the compensation was performance-based. The TCJA eliminated the exception so that all senior executive compensation above one million dollars is now non-deductible regardless of whether it is performance-based or not.

This reform provides a natural experiment to study the role of tax law in influencing managerial pay ...


Originalism From The Soft Southern Strategy To The New Right: The Constitutional Politics Of Sam Ervin Jr, Logan E. Sawyer Iii Jan 2021

Originalism From The Soft Southern Strategy To The New Right: The Constitutional Politics Of Sam Ervin Jr, Logan E. Sawyer Iii

Scholarly Works

Although originalism’s emergence as an important theory of constitutional interpretation is usually attributed to efforts by the Reagan administration, the role the theory played in the South’s determined resistance to civil rights legislation in the 1960s actually helped create the Reagan coalition in the first place. North Carolina Senator Sam Ervin Jr., the constitutional theorist of the Southern Caucus, developed and deployed originalism because he saw its potential to stymie civil rights legislation and stabilize a Democratic coalition under significant stress. Ervin failed in those efforts, but his turn to originalism had lasting effects. The theory helped Ervin ...


Interpretive Entrepreneurs, Melissa J. Durkee Jan 2021

Interpretive Entrepreneurs, Melissa J. Durkee

Scholarly Works

Private actors interpret legal norms, a phenomenon I call "interpretive entrepreneurship." The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution and there is no official system of precedent. Interpretation can affect the meaning of laws over time. For this reason, it can be a form of "post hoc" international lawmaking, worth studying alongside other forms of international lobbying and norm entrepreneurship by private actors. The Article identifies and describes the phenomenon through a series of case studies that show how, why, and by whom it unfolds. The examples focus on entrepreneurial ...


Digital Gatekeepers, Thomas E. Kadri Jan 2021

Digital Gatekeepers, Thomas E. Kadri

Scholarly Works

If in William Blackstone's time we might have thought of a person's home as their castle, in Mark Zuckerberg's time we might say that their website is too. Under cyber-trespass laws like the Computer Fraud and Abuse Act, courts have treated online platforms as digital gatekeepers--as property owners that may permit and restrict access to websites much like landowners may do with private land in the real world. If platforms withhold their consent through words or inference, cyber-trespass laws let them enforce their preferences about who may access their services and gather information from the internet. Concerned ...


Taxing Buybacks, Gregg Polsky, Daniel J. Hemel Jan 2021

Taxing Buybacks, Gregg Polsky, Daniel J. Hemel

Scholarly Works

A recent rise in the volume of corporate share repurchases has prompted calls for changes to the rules governing stock buybacks. These calls for reform are animated by concerns that buybacks enrich corporate executives at the expense of productive investment. This emerging antibuyback movement includes prominent politicians as well as academics and Republicans as well as Democrats. The primary focus of buyback critics has been on securities-law changes to deter repurchases, with only passing mention of potential tax-law solutions. This Article critically examines the policy arguments against buybacks and arrives at a mixed verdict. On the one hand, claims that ...


Nation’S Business And The Environment: The U.S. Chamber’S Changing Relationships With Ddt, “Ecologists,” Regulations, And Renewable Energy, Adam D. Orford Jan 2021

Nation’S Business And The Environment: The U.S. Chamber’S Changing Relationships With Ddt, “Ecologists,” Regulations, And Renewable Energy, Adam D. Orford

Scholarly Works

Nation’s Business was a monthly business magazine published by the U.S. Chamber of Commerce, with a subscription list larger than Business Week, Forbes, or Fortune. This study explores how the magazine responded and adapted to the rise of environmentalism, and environmental regulation of business, by exploring its treatment of four topics: DDT, environmentalists, government regulation, and renewable energy. It is built on a full-text review of all issues of Nation’s Business published between 1945 and 1981. It reveals the development of a variety of anti-environmental logics and discourses, including the delegitimization of environmentalism as emotional and irrational ...


Are We (Americans) All International Realists Now?, Harlan G. Cohen Jan 2021

Are We (Americans) All International Realists Now?, Harlan G. Cohen

Scholarly Works

Is American international law distinctly legal realist? The claim is often made, but underexplored. What would it mean for American international law scholarship and practice to be legal realist in its orientation? Where would such an orientation come from, and what do those origin stories mean for current international law work? Are there common realist-inspired approaches within the varied schools of American international law scholarship? Does wielding those approaches produce distinctly American views on international law doctrine, its operation, or its function? And if American international law scholarship and practice is, in these ways, somewhat distinct, what does it mean ...


How The State And Federal Tax Systems Operate To Deny Educational Opportunities To Minorities And Other Lower Income Students, Camilla E. Watson Jan 2021

How The State And Federal Tax Systems Operate To Deny Educational Opportunities To Minorities And Other Lower Income Students, Camilla E. Watson

Scholarly Works

The importance of education cannot be overstated. Education is a core principle of the American Dream, and as such, it is the ticket to a better paying job, homeownership, financial security, and a better way of life. Education is the key factor in reducing poverty and inequality and promoting sustained national economic growth. But while the U.S. Supreme Court has referred to education as "perhaps the most important function of the state and local governments," it has nevertheless stopped short of declaring education a fundamental right guaranteed under the Constitution. As a consequence, because education is not considered a ...


Faculty & Staff Faq From 6 Ft. Together Portal, University Of Georgia School Of Law Dec 2020

Faculty & Staff Faq From 6 Ft. Together Portal, University Of Georgia School Of Law

COVID-19 Pandemic Archive

This Google Document was originally shared and linked to from within the 6 Ft. Together faculty, staff and student portal in 2020. A document was created for faculty and staff to access the most up to date information related to the pandemic and the law school. The last edit in this FAQ took place on December 17, 2020. It was edited by members of the School of Law problem solving team including Communications and Human Resources departments. A copy of this document has been preserved as a PDF for archival purposes.


Justice As Message Symposium: What We See When We See Law … Through The Eyes Of Dame Laura Knight, Diane Marie Amann Dec 2020

Justice As Message Symposium: What We See When We See Law … Through The Eyes Of Dame Laura Knight, Diane Marie Amann

Scholarly Works

The eye cannot help but be drawn to the cover of Justice as Message, the new analysis by Carsten Stahn of, to quote the subtitle, Expressivist Foundations of International Criminal Justice. On the high-gloss paper jacket we see a tableau of blacks and browns and olive drab, accented only by the purple of a lawyer’s robe and the teal of a dossier perched on the bar behind him. In front, we see that the bench is buried in paper – paper that turns to ashes as the back wall gives way to a vision of buildings in ruin and, in ...


Unravelling The Us Presidential Election, Lori A. Ringhand Nov 2020

Unravelling The Us Presidential Election, Lori A. Ringhand

Scholarly Works

One of the most perplexing things about US elections is the extent to which we litigate what in much of the rest of the world are routine nuts and bolts questions about how elections work. I had first-hand experience with this during the 2000 presidential election when I was living in the UK. Why, I constantly was asked, is the US Supreme Court deciding your presidential election?

It’s a good question, and also a timely one given how the current presidential election is unfolding.


Could The Gig Economy Send Another Faa Disagreement To The Supreme Court?, Peter B. Rutledge, Jacob Bohn Nov 2020

Could The Gig Economy Send Another Faa Disagreement To The Supreme Court?, Peter B. Rutledge, Jacob Bohn

Popular Media

The Federal Arbitration Act ordinarily obligates federal and state courts to enforce arbitration agreements, including in employment contracts. However, a nearly-century-old carveout in Section 1 exempts from the FAA's sweep contracts of employment for seamen, railroad workers or other individuals "engaged in foreign or interstate commerce." The "gig" economy has spawned increased litigation over the carveout's scope—specifically, whether it applies to certain categories of workers, ranging from Amazon drivers to Grubhub delivery workers. Disagreements are emerging among the federal courts, the law is uncertain in the Eleventh Circuit, and Supreme Court review may soon be called for.