Law Commons^™

Alexander Campbell King Law Library Strategic Plan, 2008-2011, University Of Georgia Law Library

Strategic Plan Documents

This nine page document last revised in December 2008 served as the strategic plan for the University of Georgia School of Law's Library. It contains five goals, and each goal had objectives and strategies identified for how to achieve them. This document served as a three-year guide for the librarians, staff, their services, and library resources.

Toward Ethical Plea Bargaining, Erica J. Hashimoto

Scholarly Works

Defendants in criminal cases are overwhelmingly more likely to plead guilty than to go to trial. Presumably, at least a part of the reason that most of them do so is that it is in their interest to plead guilty, i.e., they will receive a more favorable outcome if they plead guilty than if they go to trial. The extent to which pleas reflect fair or rational compromises in practice, however, depends upon a variety of factors, including the amount of information each of the parties has about the case. Some level of informational symmetry therefore is critical to the …

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

The United States Court of Appeals for the Eleventh Circuit decided cases in 2008 that addressed the scope of agency discretion in several contexts. In an issue of first impression under the Clean Air Act (CAA),the court held that the Environmental Protection Agency (EPA) properly exercised its discretion in not objecting to the issuance of an operating permit to a power company that the agency had earlier formally accused of violating the CAA. In another case, the court held that the Federal Emergency Management Agency had the discretion to protect endangered species while administering the National Flood Insurance Act and …

The Durability Of Conservation Easements In Georgia, Meghan Ryan, Michelle Godfrey

Land Use Clinic

Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use restrictions on...landowner[s] in order to achieve a conservation purpose,” have proliferated over the last few decades as tools to accomplish the goals of land preservation encouraged in part by the passage, in most states, of conservation easement enabling legislation. Recent litigation before the Supreme Court of Wyoming demonstrates some of the ambiguities and concerns surrounding the durability of conservation easements. This memorandum addresses these concerns about conservation easements in the context of Georgia’s laws.

Annual Report 2007-2008, Office Of Development

Annual Donor Report

No abstract provided.

Dean's Report 2008, Rebecca H. White

Other Law School Publications

Dear Alumni and Friends,

This is a very exciting time in the University of Georgia School of Law's history. Next year, we will be celebrating the 150th anniversary of the establishment of the law school.

As you may recall, the school's founders -- Joseph Henry Lumpkin, Georgia's first chief justice; Thomas R.R. Cobb, a preparer of the code of the state of Georgia; and William Hope Hull, solicitor for the U.S. Treasury -- opened the institution in the fall of 1859 and graduated the first class in the summer of 1860. Much has happened over the past 15 decades, and …

News @ Georgia Law, November 2008, Office Of Communications And Public Relations

News @ UGA School of Law

Former Speaker of the House Newt Gingrich to teach at Georgia Law; Justice Thomas visits school; Student competitive teams off to a great start; Judicial training program celebrates 10th anniversary; Faculty on Record: Professors Walter Hellerstein, Peter B. "Bo" Rutledge, David A. Brennen, Ronald L. Carlson and Donald E. Wilkes Jr.; Dean White discusses goals and objectives for school; State bar pass rate rises to 38-year high; Georgia Law hires new development director; Online alumni directory to launch next month; Building on campus named for alumnus; 2009 DSS Award nominations; EJF prepares for annual auction; Commemorative 150th anniversary School of …

The Enduring Ambivalence Of Corporate Law, Christopher M. Bruner

Scholarly Works

Prevailing theories of corporate law tend to rely heavily on strong claims regarding the corporate governance primacy and legitimacy of either the board or the shareholders, as the case may be. In this article I challenge the descriptive power of these theories as applied to widely held public corporations and advance an alternative, arguing that corporate law is, and will remain, deeply ambivalent - both doctrinally and morally - with respect to three fundamental and related issues: the locus of ultimate corporate governance authority, the intended beneficiaries of corporate production, and the relationship between corporate law and theachievement of the …

Student Organization Officers 2008-2009, Office Of Registrar

Materials from All Student Organizations

No abstract provided.

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2008-2009, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

Point Allocation History For Fall Semester 2008, Office Of Registrar

Semester Schedules and Information

No abstract provided.

No. 6 - 30th Anniversary Issue, Henry Kissinger, James Baker, Warren Christopher, Madeleine Albright, Colin Powell, Lee Hamilton, Daniel R. Fung, Diana Wallis

Occasional Papers Series

With this issue of the Occasional Papers, we celebrate the 30th anniversary of the founding of the Dean Rusk Center, which bears the name of the late School of Law faculty member who served as secretary of state under Presidents John F. Kennedy and Lyndon B. Johnson from 1961 until 1969.

Our purpose in hosting the conference and lectures published in this volume was to provide a forum for developing the comprehensive new focus necessary to met the American foreign policy demands of the 21st century. In so doing, it is our intent that the advice and counsel of the …

States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner

Scholarly Works

This paper illuminates the spectrum of international economic regimes through discussion of an under-theorized regulatory structure in which traditional distinctions between state and market, public and private power, hard and soft law, and international and domestic policy realms, essentially collapse - the public-private gatekeeper.

Specifically, I examine striking similarities between global bond markets and e-commerce markets through comparison of entities regulating admission to them - the dominant credit rating agencies (Standard & Poor's and Moody's), and the Internet Corporation for Assigned Names and Numbers (ICANN). Following anexamination of the development of these markets and the global regulatory power exercised by …

The Case Against Tax Incentives For Organ Transfers, Lisa Milot

Scholarly Works

Each year some 6,700 Americans die while awaiting an organ transplant. On its face, this fact seems almost inconsequential, representing less than 3% of American deaths annually. However, for the nearly 100,000 patients on the transplant wait list (and their families), nothing could be more consequential. What is more, the demand for transplantable organs is sure to rise as (1) more diseases become subject to prevention or cure, making organ failure the first sign of medical problems; (2) the success rate for transplants increases, leading to wider use; and (3) barriers to inclusion on the wait list are removed.

In …

International Decision: Munaf V. Geren, Harlan G. Cohen

Scholarly Works

This International Decision case comment, the final version of which will be published in Volume 102, No. 4, of the American Journal of International Law (forthcoming), examines the U.S. Supreme Court's decision in Munaf v. Geren, a case arising out of U.S. operations in Iraq and allegations of potential torture in Iraqi custody. In that decision, a unanimous Supreme Court held that the federal courts have jurisdiction under the habeas corpus statute to hear claims brought by American citizens held overseas by American forces "operating subject to an American chain of command, even when those forces are acting as a …

Grade Distribution - Fall Semester 2008, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley

Scholarly Works

This Article discusses the procedural safeguards that have been recognized in the EU and the parallels between procedural due process in the United States and the rights of defense in the EU. It compares these respective rights and safeguards and explains how U.S. and EU procedures for agency adjudications are converging. Part II sets out the fundamental principles of American due process and EU right to be heard jurisprudence. Part III provides a detailed analysis of the rights of defense in the EU and highlights how this bundle of rights parallels the rights to notice and opportunity to be heard …

Securities Class Actions As Pragmatic Ex Post Regulation, Elizabeth Chamblee Burch

Scholarly Works

Securities class actions are on the chopping block-again. Traditional commentators continue to view class actions with suspicion; they see class suits as nonmeritorious byproducts of self-interest and the attorneys who bring them as rent-seekers. Their conventional approach has popularized securities class actions' negative effects. High-profile commissions capitalizing on this rhetoric, such as the Committee on Capital Markets Regulation, have recently recommended eliminating or severely curtailing securities class actions. But this approach misses the point: in the ongoing push and pull of securities regulation, corporations are winning the battle.

Thus, understanding the full picture and texture of securities class actions necessitates …

Class Schedule - Fall 2008, Office Of Registrar

Semester Schedules and Information

No abstract provided.

A Post-Kyoto Framework For Climate Change, Daniel M. Bodansky

Presentations and Speeches

No abstract provided.

News @ Georgia Law, September 2008, Office Of Communications And Public Relations

News @ UGA School of Law

School of Law enrolls accomplished and majority-female first-year class; Alumna selected for U.S. Supreme Court clerkship - will be the fourth in five years to serve; Banister and Edenfield receive Law School Association's highest honor; Three professors receive new titles; More than 20 percent of rising 2Ls study/work abroad; View the Report of the Secretaries of State: Bipartisan Advice to the Next Administration online; Faculty on the Record: Professors Thomas A. Eaton, Donald E. Wilkes Jr., Daniel M. Bodansky and Walter Hellerstein; Hatton Lovejoy Courtroom receives facelift; Law library photographs win AALL competition; Advocate goes to one issue; Class of …

Amicus Brief, Lebron V. Gottlieb Memorial Hospital, Neil Vidmar, Tom Baker, Ralph L. Brill, Martha Chamallas, Stephen Daniels, Thomas A. Eaton, Theodore Eisenberg, Neal R. Feigenson, Lucinda M. Finley, Marc Galanter, Valerie P. Hans, Michael Heise, Edward J. Kionka, Thomas H. Koenig, Herbert M. Kritzer, David I. Levine, Nancy S. Marder, Joanne Martin, Frank M. Mcclellan, Deborah Jones Merritt, Philip G. Peters, Jr., James T. Richardson, Charles Silver, Richard W. Wright

Scholarly Works

Illinois Public Act 82-280, § 2-1706.5, as amended by P.A. 94-677, § 330 (eff. Aug. 25, 2005), and as codified as 735 ILCS 5/2-1706.5(a), imposes a $500,000 “cap” on the noneconomic damages that may be awarded in a medical malpractice suit against a physician or other health care professional, and a $1 million “cap” on the noneconomic damages that may be awarded against a hospital, its affiliates, or their employees.

This brief will address two of the questions presented for review by the parties:

1. Does the cap violate the Illinois Constitution’s prohibition on “special legislation,” Art. IV, § 3, …

2008-09 Faculty Appointments & Honors, Office Of Communications And Public Relations

Other Law School Publications

The faculty at Georgia Law also continues to build upon the school’s longstanding tradition of producing meaningful and thought-provoking legal scholarship used by Supreme Court justices, by judges at other levels of the judiciary and by academic peers. Our faculty’s books have been published or are forthcoming from the following publishers: Oxford University Press, Harvard University Press, Edinburgh University Press, Aspen Publishers, Foundation Press, LexisNexis and Thomson/West, among others. Furthermore, articles have been published or are forthcoming in journals associated with top universities such as: California at Berkeley, California at Los Angeles, Chicago, Duke, Georgetown, Michigan, Minnesota, Northwestern, Notre Dame, …

Journal Of Intellectual Property Law Editorial And Managing Boards, 2008-2009, Journal Of Intellectual Property Law

Materials from All Student Organizations

No abstract provided.

Current Awareness Alerts Make The Internet Revolve Around You, James M. Donovan

Articles, Chapters and Online Publications

The Internet is a constantly evolving source of information for the busy lawyer, and current awareness services can collect all the information you want to routinely see and present it to you in a convenient format.

Remembrance Of Lives Past: The Challenge Of Addressing Epigenetic Risk In Society, Fazal Khan

Popular Media

Do our ancestors’ experiences from several generations ago play a role in our current health? Could a famine or a period of food abundance experienced by our grandfathers affect whether we are currently obese or likely to develop diabetes? Can being the grandchildren of those who suffered through genocide or intense racial discrimination affect levels of certain chemicals in our brains even if we are not exposed to the same social stresses? In other words, do we biologically inherit the “memories” of past generations independent of changes to our ancestors’ genetic code or DNA? Assistant Professor Fazal Khan explores how …

The Report Of The Secretaries Of State: Bipartisan Advice To The Next Administration, Henry Kissinger, Madeleine Albright, Colin Powell, Warren Christopher, James Baker

Conferences and Symposia to 2010

On March 27, former Secretaries of State Henry Kissinger, James Baker III, Warren Christopher, Madeleine Albright and Colin Powell gathered in Athens to discuss current U.S. foreign policy with the goal of providing advice and counsel to the next presidential administration. The session was moderated by Terence Smith, of “The NewsHour with Jim Lehrer,” before an audience of more than 2,000. Sponsored by the Dean Rusk Center, in partnership with the Southern Center for International Studies, the two hour roundtable, titled “The Report of the Secretaries of State: Bipartisan Advice to the Next Administration,” has been edited for broadcast on …

Class Schedule - Summer 2008, Office Of Registrar

Semester Schedules and Information

No abstract provided.

The Human Factor: Globalizing Ethical Standards In Drug Trials Through Market Exclusion, Fazal Khan

Scholarly Works

Given the tremendous financial reward that a blockbuster therapy might generate, there are strong incentives to move drug research and development to developing countries, which have minimal ethical guidelines and little transparency. The danger in this race for the prize--or for the bottom--is the exploitation of subaltern populations that have little legal recourse to hold drug companies accountable for the harm that those populations suffer as a result of unethical clinical trials. In other words, the drug industry is acutely aware that there is a minimal threat of costly civil suits and criminal sanctions for their ethical violations in impoverished …

No Civilized System Of Justice, Book Review: The Day Freedom Died: The Colfax Massacre, The Supreme Court, And The Betrayal Of Reconstruction, Sonja R. West

Scholarly Works

A book review of The Day Freedom Died: The Colfax Massacre, The Supreme Court, and The Betrayal of Reconstruction by Charles Lane (Henry Holt 2008).