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Articles 1 - 22 of 22
Full-Text Articles in Law
The Application Of The Sherman Act Antiboycott Law To Industry Self-Regulation: An Analysis Integrating Nonboyocott Sherman Act Principles, James F. Ponsoldt
The Application Of The Sherman Act Antiboycott Law To Industry Self-Regulation: An Analysis Integrating Nonboyocott Sherman Act Principles, James F. Ponsoldt
Scholarly Works
Entry into and competition within professions and many industries is commonly restricted by private regulation among competitors. These restrictions are often effectuated, without direct government participation, through rules, procedures, or standards established by trade or professional organizations. Sometimes, however, the restrictions are made through less formalized concerted decisionmaking procedures by persons potentially in competition with new entrants. Such privately imposed restraints on competition have recently been the focus of an increasing number of private treble damages actions under section 1 of the Sherman Act. In these cases, the plaintiffs have alleged that the defendants were engaged in illegal boycotts, and …
Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary
Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary
Scholarly Works
This survey covers only a handful of the hundreds of decisions rendered last year by the Georgia appellate courts on points of trial practice and procedure. Those decisions selected were chosen because they resolved significant new issues or illustrated important principles of civil procedure. Using the format established in the past, the survey begins with cases dealing with personal jurisdiction, subject-matter jurisdiction, and venue, followed by cases concerned with the Civil Practice Act arranged under each section in numerical order.
Group Homes, Families, And Meaning In The Law Of Subdivision Covenants, Robert D. Brussack
Group Homes, Families, And Meaning In The Law Of Subdivision Covenants, Robert D. Brussack
Scholarly Works
Part I of this Article discusses two questions central to a general account of the problem of meaning in the law of subdivision covenants. First, whose meaning ought to count? The answer to this question is developed principally by contrasting the meaning problem in covenants law with the related problem in other legal realms such as contractual and statutory interpretation. Second, what should be the role in contemporary covenants law of the traditional rule requiring that ambiguity in covenant language be resolved in favor of the free use of land. Here the Article explores the nature of ambiguity and critiques …
Rawls, Justice, And The Income Tax, Charles R.T. O'Kelley
Rawls, Justice, And The Income Tax, Charles R.T. O'Kelley
Scholarly Works
To the extent the primacy of justice is acknowledged in tax policy debate, such acknowledgment is coupled with the assertion that, of course, questions of justice cannot be meaningfully debated. The discussants then attempt to resolve the issue in question by use of ad hoc arguments of fairness and efficiency. The major purpose of this article is to show that not only is justice the primary issue, but that questions of justice can be meaningfully addressed. First, I will examine some of the ad hoc arguments of fairness and efficiency which have been made by proponents of a consumption base …
Society's Choice And Legal Change, Alan Watson
Society's Choice And Legal Change, Alan Watson
Scholarly Works
This Article is one of a continuing series of writings by the author on both the connection between a society and the legal rules and institutions that operate within it and on the forces that control legal change. My aim is to express more clearly than I have previously the role of lawyers and the legal tradition in changing the law, and the implications of this role for social choice theory in the realm of law.
Local Government Law And Liquor Licensing: A Sobering Vignette, R. Perry Sentell Jr.
Local Government Law And Liquor Licensing: A Sobering Vignette, R. Perry Sentell Jr.
Scholarly Works
An earlier effort in this Review [8 Ga. L. Rev. 614 (1974)] sought to probe the general topic of local government power and its exercise in Georgia. Although perhaps not the most exciting of subjects, the exercise of power assumes pivotal practical prominence for both the local government and the citizen. It was somewhat surprising, therefore, to find few settled legal guidelines for approaching the issue and to discover that power problems frequently must be litigated in a jusicial vacuum. Although a great deal of the earlier effort remains fairly accurate, subsequent developments quickly dated the treatment of local government …
Mason Ladd--In Memoriam, Ronald L. Carlson
Mason Ladd--In Memoriam, Ronald L. Carlson
Scholarly Works
Mason Ladd's life in the law of evidence will never be stilled. The contributions are too thoughtful, too productive, too filled with impact for that ever to happen. In the galaxy of great figures that includes Wigmore, Clearly, Morgan, Maguire, Weinstein, McCormick, Louisell, and others, Dean Ladd's star shone brightly. The mix of insight, humor, and good will that he brought to teaching and scholarly writing is unmatched. The influence of Mason Ladd is perhaps best summarized by this tribute: You can lose a man like Dean Ladd by your own death, but not by his.
Contribution In Civil Antitrust Litigation: The Emerging Consensus In Legal Literature, James F. Ponsoldt, Benjamin H. Terry
Contribution In Civil Antitrust Litigation: The Emerging Consensus In Legal Literature, James F. Ponsoldt, Benjamin H. Terry
Scholarly Works
The United States Supreme Court recently has agreed to consider the issue of whether contribution among multiple defendants and coconspirators should be allowed in private civil antitrust litigation. Three circuit courts of appeal recently have handed down decisions on the issue of contribution and the result has been disagreement over whether such a right exists or should exist in antitrust law. Legal commentators have responded to these developments with a spate of “solutions” to the problem containing proposals for and against contribution. This article will survey the current status of the literature expressing these opinions. Then, assuming the establishment of …
The Expansion Of Horizontal Merger Defenses After General Dynamics: A Suggested Reconsideration Of Sherman Act Principles, James F. Ponsoldt
The Expansion Of Horizontal Merger Defenses After General Dynamics: A Suggested Reconsideration Of Sherman Act Principles, James F. Ponsoldt
Scholarly Works
Logic suggests that if an agreement between two direct competitors to end a price war, allocate customers or refuse to deal with a third party is plainly anticompetitive and forbidden under applicable federal antitrust laws, then a complete integration between those same two direct competitors is equally anticompetitive and similarly should be forbidden. At one point, Congress thought so and the Supreme Court so held, notwithstanding the obvious business advantages enjoyed by the integrated company. In recent years, however, Congress, the Supreme Court and many commentators have changed their view of horizontal integration, and it is now reasonably possible for …
Criminal Law In Tennessee In 1980 - A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1980 - A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
State Taxation In The Federal System: Perspectives On Louisiana's First Use Tax On Natural Gas, Walter Hellerstein
State Taxation In The Federal System: Perspectives On Louisiana's First Use Tax On Natural Gas, Walter Hellerstein
Scholarly Works
The Louisiana First Use Tax is presently the subject of no less than eleven judicial proceedings in state and federal courts, including an original action pending before the Supreme Court and the Special Master to whom the case has been assigned. Any attempt to evaluate in detail the merits of these various challenges to the Louisiana levy in light of the myriad and complex issues they raise would hardly be possible in this forum. Indeed, at this junction, any such undertaking would probably be premature in light of the fact that many of the legal and evidentiary issues raised by …
Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley
Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley
Scholarly Works
This Article explores the nature and developing boundaries of the state law doctrine of the right of publicity. It investigates the doctrine's conflict with the 1976 Copyright Act and federal policy concerning intellectual property, and concludes that the 1976 Act precludes publicity actions aimed at protecting certain types of publicity interests. In other situations, the overriding objectives of federal copyright policy preempt the right to the extent that the right defined as perpetual; moreover, such protection in perpetuity violates the supremacy clause of the Federal Constitution. Many types of publicity actions, however, should escape preemption either because the asserted rights …
The Transfer Of Technology To Latin America, Gabriel M. Wilner
The Transfer Of Technology To Latin America, Gabriel M. Wilner
Scholarly Works
The transfer of technology to Latin America has taken place through both the licensing process and direct investments by foreign enterprises that are often transnational corporations. National law has concerned itself first with the creation of rights in technological knowledge and the protection of these rights by law. The regulation of these rights as set out in contractual relationships and the regulation of direct investment, particularly the technological component thereof, were dealt with thereafter. Other matters such as the repatriation of profits (exchange control), customs controls, and various taxes have also become a part of the national regulatory scene today. …
The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley
The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley
Scholarly Works
In order to understand the perceptions of extradition’s function and purpose in modern France and the United States, it is important to consider the evolution of thought regarding extradition. This article will focus on the history of extradition law as it has influenced contemporary law in the United States and France. The purpose of the article is to provide insight into the development of the “modern” extradition. Although the process has not always been executed by use of a treaty agreement, treaty authorized extraditions have existed since antiquity. Moreover, a treaty authorized extradition for common crimes, as opposed to political …
The Role Of Comity In The Law Of Federal Courts, Michael L. Wells
The Role Of Comity In The Law Of Federal Courts, Michael L. Wells
Scholarly Works
Considerations of comity often require federal courts to defer to state courts when federal issues could be raised in state proceedings. Contexts in which such deference is required include Younger abstention, habeus corpus exhaustion and procedural default, and Pullman and Burford abstention. In this Article, Professor Wells demonstrates that the Supreme Court's opinions fail to make a distinction between cases where comity requires restraint and those where it does not. The Court's motive in invoking comity is not to decrease access to federal courts, but instead to strike a compromise between the individual's interest in a federal forum and the …
The Uniting For Peace Resolution On The Thirtieth Anniversary Of Its Passage, Harry Reicher
The Uniting For Peace Resolution On The Thirtieth Anniversary Of Its Passage, Harry Reicher
Scholarly Works
No abstract provided.
Civil Procedure - Res Judicata - Effect Of Dismissal With Prejudice, Judy Cornett
Civil Procedure - Res Judicata - Effect Of Dismissal With Prejudice, Judy Cornett
Scholarly Works
No abstract provided.
Corporate Distributions And The Income Tax: A Consideration Of The Inconsistency Between Subchapter C And Its Underlying Policy, Charles R.T. O'Kelley
Corporate Distributions And The Income Tax: A Consideration Of The Inconsistency Between Subchapter C And Its Underlying Policy, Charles R.T. O'Kelley
Scholarly Works
This Article suggests that although one part of a corporate distribution may be analogous to a sale and the remainder to a dividend, there is no overlap of, or competition between, analogies. This lack of overlap is apparent when one realizes that a dividend and a sale are methods of realizing different types of gain, rather than alternative methods of realizing the same type of gain. This Article examines the basic conceptual model underlying the present system of taxing corporate distributions, describes the appropriate treatment of corporate distributions that is suggested by an understanding of the underlying concepts, and indicates …
Child Custody And Parental Authority In France, Louisiana And Other States Of The United States: A Comparative Analysis, Christopher L. Blakesley
Child Custody And Parental Authority In France, Louisiana And Other States Of The United States: A Comparative Analysis, Christopher L. Blakesley
Scholarly Works
No abstract provided.
Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni
Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni
Scholarly Works
No abstract provided.
Compound Discrimination: The Interaction Of Race And Sex In Employment Discrimination, Elaine W. Shoben
Compound Discrimination: The Interaction Of Race And Sex In Employment Discrimination, Elaine W. Shoben
Scholarly Works
The courts have not yet clearly resolved whether Title VII of the Civil Rights Act of 1964 prohibits compound discrimination, that is, discrimination based on a combination of protected characteristics—such as race and sex-rather than single protected characteristics—such as race alone or sex alone. Professor Shoben argues that both the logic and the legislative history of Title VII support the view that compound discrimination is separately protected. She then offers a systematic method for statistically determining whether an employer is discriminating on the basis of a combination of characteristics. Finally, Professor Shoben considers whether single plaintiffs can, consistently with rule …
An Inventory Of The Criminal Justice Curriculum Of American Law Schools, Paul M. Kurtz
An Inventory Of The Criminal Justice Curriculum Of American Law Schools, Paul M. Kurtz
Scholarly Works
The purpose of this study is to examine the structure of the criminal justice curriculum in the American law school. This entails an analysis of what courses are being offered, how many hours of classroom instruction (both required and elective) are available, and when during the educational process the student is exposed to criminal law courses. The reason for undertaking the study is to provide at least a gross picture of what the present situation is as a guide to what we as a profession or as individual schools might like to do by way of improving the structure. Hopefully, …