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Articles 1 - 30 of 62
Full-Text Articles in Law
Did J. Edgar Hoover Kill Jfk?, Donald E. Wilkes Jr.
Did J. Edgar Hoover Kill Jfk?, Donald E. Wilkes Jr.
Popular Media
This article reviews a recent story in the National Enquirer that asserts that J. Edgar Hoover ordered the JFK murder which directly contradicts earlier claims made by the publication.
Due Process Abroad, Nathan Chapman
Due Process Abroad, Nathan Chapman
Scholarly Works
Defining the scope of the Constitution’s application outside U.S. territory is more important than ever. This month the Supreme Court will hear oral argument about whether the Constitution applies when a U.S. officer shoots a Mexican child across the border. Meanwhile the federal courts are scrambling to evaluate the constitutionality of an Executive Order that, among other things, deprives immigrants of their right to reenter the United States. Yet the extraterritorial reach of the Due Process Clause — the broadest constitutional limit on the government’s authority to deprive persons of “life, liberty, and property” — remains obscure. Up to now, …
The Jfk Cover-Up Continues, But The Truth Is Seeping Out, Donald E. Wilkes Jr.
The Jfk Cover-Up Continues, But The Truth Is Seeping Out, Donald E. Wilkes Jr.
Popular Media
In 1992, nearly three decades after JFK was slain by hidden sniper fire in Dallas, TX, on Nov. 22, 1963, Congress without any dissenting votes passed a statute “to provide for the expeditious disclosure of records relevant to the assassination of President John F. Kennedy.”
The recent astonishing refusal of President Trump to release in full the contents of all remaining classified JFK assassination files confirms that more than half a century after the assassination the governmental coverup of the full truth about that dreadful murder is still underway.
This article reviews the actions immediately preceding October 26, 2017, the …
How Laws Are Made: The Courts, Sharon Bradley
How Laws Are Made: The Courts, Sharon Bradley
Presentations
Law, as defined in Black’s Law Dictionary, is “a body of rules of action or conduct prescribed by controlling authority and having binding legal force.” Our laws come from our three branches of Government: legislative, executive, and judicial. These webinars will focus on the law-making activities of each branch, the documents that are created during the process, and how they are used by lawyers and legal researchers.
Courts interpret statutes, determine constitutionality, and create law as part of our common law system.
How Laws Are Made: The Administrative Agencies, Sharon Bradley
How Laws Are Made: The Administrative Agencies, Sharon Bradley
Presentations
Law, as defined in Black’s Law Dictionary, is “a body of rules of action or conduct prescribed by controlling authority and having binding legal force.” Our laws come from our three branches of Government: legislative, executive, and judicial. These webinars will focus on the law-making activities of each branch, the documents that are created during the process, and how they are used by lawyers and legal researchers.
Administrative agencies are part of the executive branch of Government headed by the President. They make laws through the rule-making process, but they also enforce the rules and have quasi-judicial power.
How Laws Are Made: The Legislature, Sharon Bradley
How Laws Are Made: The Legislature, Sharon Bradley
Presentations
Law, as defined in Black’s Law Dictionary, is “a body of rules of action or conduct prescribed by controlling authority and having binding legal force.” Our laws come from our three branches of Government: legislative, executive, and judicial. These webinars will focus on the law-making activities of each branch, the documents that are created during the process, and how they are used by lawyers and legal researchers
From Print To Digital And Back Again: Lessons From A Library Newsletter, Rachel S. Evans
From Print To Digital And Back Again: Lessons From A Library Newsletter, Rachel S. Evans
Presentations
UGA Law Library’s longstanding newsletter Amicus Briefs first saw circulation in 1984. Over a period of more than 30 years the publication has changed hands, formats and styles many times. Today the newsletter is published both electronically and physically, and in 2017 is now further expanding its reach via podcasting. This session will trace one library newsletter’s journey, sharing lessons learned along the way about platform and content choices, marketing and dissemination, and measuring readership. The past and present technology used will also be discussed including HTML, Drupal, WordPress, MailChimp, Google Analytics, Facebook and Piktochart.
Chevron In The Circuit Courts: The Codebook Appendix, Kent H. Barnett, Christopher J. Walker
Chevron In The Circuit Courts: The Codebook Appendix, Kent H. Barnett, Christopher J. Walker
Scholarly Works
For our empirical study on the use of Chevron deference in the federal courts of appeals, we utilized the following Codebook. This Codebook draws substantially from the codebook appended to William Eskridge and Lauren Baer's pathbreaking study of administrative law's deference doctrines at the Supreme Court. Our research assistants and we followed the instructions below when coding judicial decisions. To address questions as they arose and to ensure consistent coding, we maintained close contact with each other and our research assistants throughout the project and clarified the Codebook to address additional issues. Further details concerning our methodology (and its limitations) …
Inimicus Libertatis: Chief Justice Rehnquist’S Majority Or Plurality Opinions In The Field Of Criminal Procedure, Donald E. Wilkes Jr.
Inimicus Libertatis: Chief Justice Rehnquist’S Majority Or Plurality Opinions In The Field Of Criminal Procedure, Donald E. Wilkes Jr.
Scholarly Works
Since the early 1970’s an increasingly conservative Supreme Court of the United States has been leading this country through a “Criminal Procedure Counterrevolution” (also called “The Rehnquisition”), during which the federal rights and remedies of criminal defendants have been inexorably and significantly eroded. There are numerous books and law review articles discussing this counterrevolution. Chief Justice Rehnquist, the most articulate and ideological of the Courts conservative justices, may properly be regarded as the intellectual founder and leader of this trend in favor of restricting criminal procedure rights.
This article analyzes and provides a bibliography of Supreme Court criminal procedure opinions …
Is It Time To Welcome Our Robot Overlords?, Carol A. Watson, Kris Niedringhaus
Is It Time To Welcome Our Robot Overlords?, Carol A. Watson, Kris Niedringhaus
Presentations
You've probably heard of ROSS Intelligence, Kira Systems, or Lex Machina but what about Premonition, Docubot, or the Do Not Pay chatbot? Artificial intelligence has the potential to transform the practice of law. Or does it? Skeptics predicted a legal apocalypse while optimists predict positive outcomes. Either way, it's a revolution. Find out more about how AI is, and will, impact the legal industry. Topics will include defining artificial intelligence, the history of AI’s development, as well as big law’s approach to AI, ethics implications, and how AI is currently being used in the legal environment. We’ll also discuss whether …
Lawyer ≠ Luddite, Jason Tubinis, Khelani Clay, Jim Henneberger, Zanada Joyner, Shannon Roddy
Lawyer ≠ Luddite, Jason Tubinis, Khelani Clay, Jim Henneberger, Zanada Joyner, Shannon Roddy
Presentations
Being a competent attorney means being a competent technologist. ABA Model Rule 1.1 (Competence) requires all lawyers to stay abreast of technology even if they still use a Dictaphone and typewriter and think “the cloud” refers to the fluffy white stuff in the sky. It can be malpractice to misuse or misunderstand technology, and this misuse can take many forms. Lack of familiarity with technology can lead to improper production of confidential information, delays in litigation, wasting time and client funds, ending up on Above the Law (and not in a good way), and more.
Legal technology courses are becoming …
Decision Making Models In 2/2 Time: Two Speakers, Two Models (Maybe), Sharon Bradley, Tim Tarvin
Decision Making Models In 2/2 Time: Two Speakers, Two Models (Maybe), Sharon Bradley, Tim Tarvin
Presentations
Our students have to learn so many new skills to be successful in law school and law practice. Legal research, client interviewing, and case analysis just for starters. Our teaching methods have to engage our students while preparing them to “think like a lawyer.” We also have the responsibility to familiarize students in evaluating the “benefits and risks associated with relevant technology” and to develop efficient practices and processes. The speakers will look at decision making models that are practical and useable.
One speaker will discuss his experiences in a clinical setting using decision trees, teaching his students to visualize …
Looking More Closely At The Platypus Of Formal Rulemaking, Kent H. Barnett
Looking More Closely At The Platypus Of Formal Rulemaking, Kent H. Barnett
Popular Media
Professor Kent Barnett argues that the oft-criticized formal rulemaking process has virtues in proper settings.
Grassy Knoll Shots? Limousine Slowdown?, Donald E. Wilkes Jr.
Grassy Knoll Shots? Limousine Slowdown?, Donald E. Wilkes Jr.
Popular Media
This article reviews the book Twenty-six Seconds by Alexandrea Zapruder. It also questions whether the only film of the JFK assassination was altered by the CIA.
Why Not Limit Neil Gorsuch — And All Supreme Court Justices — To 18-Year Terms?, Lori A. Ringhand, Paul M. Collins Jr.
Why Not Limit Neil Gorsuch — And All Supreme Court Justices — To 18-Year Terms?, Lori A. Ringhand, Paul M. Collins Jr.
Popular Media
Legal scholars and political scientists increasingly question whether life tenure remains a good idea for Supreme Court justices. While scholars disagree about the exact numbers, our Supreme Court justices are serving longer and longer terms; presidents have incentives to choose younger and younger nominees; and the justices themselves appear to delay retirement in the hope of having an ideologically compatible president select their replacements. Moreover, the confirmation process has become increasingly contentious, culminating last year in Senate Republicans refusing to even grant a hearing to President Barack Obama’s nominee, Merrick Garland.
As a result, many scholars propose a shift to …
Circumstances Undetermined: Dorothy Kilgallen And Jfk's Murder, Donald E. Wilkes Jr.
Circumstances Undetermined: Dorothy Kilgallen And Jfk's Murder, Donald E. Wilkes Jr.
Popular Media
This article reviews the mysterious circumstances surrounding reporter Dorothy Kilgallen's death and the assassination of President John F. Kennedy.
Real Resources For Researching Ip Law, Anne Burnett
Real Resources For Researching Ip Law, Anne Burnett
Presentations
A presentation on strategies for researching intellectual property law in classroom L. Sponsored by the Alexander Campbell King Law Library and the Intellectual Property Law Society.
The Persistence Of Fatal Police Taserings 2016, Donald E. Wilkes Jr.
The Persistence Of Fatal Police Taserings 2016, Donald E. Wilkes Jr.
Popular Media
In this Article, Professor Wilkes updates his research on police tasering by surveying the fatal taserings by police officers that occurred in 2016.
Don’T Expect The First Amendment To Protect The Media, Ronnell Anderson Jones, Sonja R. West
Don’T Expect The First Amendment To Protect The Media, Ronnell Anderson Jones, Sonja R. West
Popular Media
Op-ed in the New York Times about the limits on the protection of the press under the First Amendment.
Was Castro Behind The Jfk Assassination?, Donald E. Wilkes Jr.
Was Castro Behind The Jfk Assassination?, Donald E. Wilkes Jr.
Popular Media
A month after Fidel Castro’s death, on Dec. 19, 2016, the tabloid National Enquirer published an article tinglingly titled “Dying Castro Admitted Killing JFK!” The article’s sensationalistic subtitle proclaimed “Chilling New Evidence Blows Assassination Wide Open After 53 Years.” This article by Professor Wilkes debunks the assertions set forth in the Enquirer article.
Judicial Federalism In The European Union, Michael Wells
Judicial Federalism In The European Union, Michael Wells
Scholarly Works
This article compares European Union judicial federalism with the American version. Its thesis is that the European Union’s long-term goal of political integration probably cannot be achieved without strengthening its rudimentary judicial institutions. On the one hand, the EU is a federal system in which judicial power is divided between EU courts, of which there are only three, and the well-entrenched and longstanding member state court systems. On the other hand, both the preamble and Article 1 of the Treaty of Europe state that an aim of the European Union is “creating an ever closer union among the peoples of …
Repeat Players In Multidistrict Litigation: The Social Network, Elizabeth Chamblee Burch, Margaret S. Williams
Repeat Players In Multidistrict Litigation: The Social Network, Elizabeth Chamblee Burch, Margaret S. Williams
Scholarly Works
As class certification wanes, plaintiffs’ lawyers resolve hundreds of thousands of individual lawsuits through aggregate settlements in multidistrict litigation. But without class actions, formal rules are scarce and judges rarely scrutinize the private agreements that result. Meanwhile, the same principal-agent concerns that plagued class-action attorneys linger. These circumstances are ripe for exploitation: few rules, little oversight, multi-million dollar common-benefit fees, and a push for settlement can tempt a cadre of repeat players to fill in the gaps in ways that further their own self-interest.
Although multidistrict litigation now comprises 36 percent of the entire federal civil caseload, legal scholars have …
Decriminalizing Childhood, Andrea L. Dennis
Decriminalizing Childhood, Andrea L. Dennis
Scholarly Works
Even though the number of juveniles arrested, tried and detained has recently declined, there are still a large number of delinquency cases, children under supervision by state officials, and children living in state facilities for youth and adults. Additionally, any positive developments in juvenile justice have not been evenly experienced by all youth. Juveniles living in urban areas are more likely to have their cases formally processed in the juvenile justice system rather than informally resolved. Further, the reach of the justice system has a particularly disparate effect on minority youth who tend to live in heavily-policed urban areas.
The …
The Fiduciary Enterprise Of Corporate Law, Christopher Bruner
The Fiduciary Enterprise Of Corporate Law, Christopher Bruner
Scholarly Works
No abstract provided.
The Supreme Court’S Limited Public Forum, Sonja R. West
The Supreme Court’S Limited Public Forum, Sonja R. West
Scholarly Works
When discussing the issue of transparency at the United States Supreme Court, most commentators focus on the line between public and private. Yet, transparency is not always such a black-or-white issue. There are, in fact, a surprising number of significant Court moments that occur neither wholly in public nor completely in private. Through policies that obstruct access by the general public and exploit real-world limitations on the press and practitioners, the justices have crafted a grey area in which they can be “public,” yet only to select audiences. The effect is that few outside the courtroom ever learn about these …
Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade
Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade
Scholarly Works
Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court’s jurisprudence across a range of substantive and procedural challenges over the last fifteen years increases or preserves structural opportunities for equitable balancing at multiple levels in the deportation process. Notably, the Court has endorsed decision makers’ consideration of the normative justifiability of deportation even where noncitizens have a criminal history or lack a formal path to lawful status. …
Tribute To Sam Davis: A Georgia Perspective, Ronald L. Carlson
Tribute To Sam Davis: A Georgia Perspective, Ronald L. Carlson
Scholarly Works
Sam Davis had a twenty-seven year history at Georgia, commencing in 1970. After a distinguished record as a student at the University of Mississippi School of Law, he joined the Georgia law faculty. Sam moved through the academic ranks, ultimately becoming Allen Post Professor of Law. Along the way he served, at various times, as Assistant Dean, as Associate Dean, and he was for a time the University's Associate Vice President for Academic Affairs. In 1997 he took over as Dean at the University of Mississippi School of Law. This article comments on his life and professional career, with some …
Monopolies In Multidistrict Litigation, Elizabeth Chamblee Burch
Monopolies In Multidistrict Litigation, Elizabeth Chamblee Burch
Scholarly Works
When transferee judges receive a multidistrict proceeding, they select a few lead plaintiffs’ lawyers to efficiently manage litigation and settlement negotiations. That decision gives those attorneys total control over all consolidated plaintiffs’ claims and rewards them richly in common-benefit fees. It’s no surprise then that these are coveted positions, yet empirical evidence confirms that the same attorneys occupy them time and again.
Anytime repeat players exist and exercise both oligopolistic leadership control across multidistrict proceedings and monopolistic power within a single proceeding, there is concern that they will use their dominance to enshrine practices and norms that benefit themselves at …
Dictation And Delegation In Securities Regulation, Usha Rodrigues
Dictation And Delegation In Securities Regulation, Usha Rodrigues
Scholarly Works
When Congress undertakes major financial reform, either it dictates the precise contours of the law itself or it delegates the bulk of the rulemaking to an administrative agency. This choice has critical consequences. Making the law self-executing in federal legislation is swift, not subject to administrative tinkering, and less vulnerable than rulemaking to judicial second-guessing. Agency action is, in contrast, deliberate, subject to ongoing bureaucratic fiddling and more vulnerable than statutes to judicial challenge.
This Article offers the first empirical analysis of the extent of congressional delegation in securities law from 1970 to the present day, examining nine pieces of …
How The Supreme Court Derailed Formal Rulemaking, Kent H. Barnett
How The Supreme Court Derailed Formal Rulemaking, Kent H. Barnett
Scholarly Works
Based on archival research, this Essay explores the untold story of how the Supreme Court in the 1970s largely ended “formal” trial-like rulemaking by federal agencies in two railway cases. In the first, nearly forgotten decision, United States v. Allegheny-Ludlum Steel Corp., the Court held sua sponte that an agency was not required to use formal rulemaking, despite its significant historical provenance. That unpersuasive decision all but decided the second, better-known decision, United States v. Florida East Coast Railway, the following term. In response to both decisions, agencies abandoned formal rulemaking—one of only four broad categories of agency action—and policymakers …