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Articles 1 - 30 of 51
Full-Text Articles in Law
Protection Of "Persona" In The Eu And In The Us: A Comparative Analysis, Anna E. Helling
Protection Of "Persona" In The Eu And In The Us: A Comparative Analysis, Anna E. Helling
LLM Theses and Essays
The American Right of Publicity has been developed and applied differently in the states of the U.S. for several decades and still several questions remain regarding the nature of the right. In Europe, many countries seem to follow the American development or have a similar right protecting the commercial value of a person’s identity emerging in their legal system. With the constant globalization and increase in interaction of the sports and entertainment markets in the world, harmonization of the different rules protecting this commercial interest in a persona is necessary to grant sufficient protection. This work is a comparative study …
Alexander Campbell King Law Library Strategic Plan, 2005-2007, University Of Georgia Law Library
Alexander Campbell King Law Library Strategic Plan, 2005-2007, University Of Georgia Law Library
Strategic Plan Documents
This nine page document last revised in December 2005 served as the strategic plan for the University of Georgia School of Law's Library. It contains goals, objectives and strategies. This document served as an approximately three-year guide for the librarians, staff, their services, and library resources. until the next set of revisions took place in March 2007. In 2006 the library did a cumulative review for the first time of the progress so far on this 2005 strategic plan. It is attached here as an additional document. In subsequent years the library would repeat this review process for 2007, 2008 …
Taking Your Case To The Court Of Public Opinion – Strategic, Legal And Ethical Implications Conference, Geoffrey C. Hazard Jr., C. Ronald Ellington, Lonnie T. Brown, David L. Balser, Sally Yates, Peter Canfield, Bruce Harvey, Paul Butler, Joseph Gladden, Larry D. Thompson, Robert Rothman, Linda Disantis, Kenneth Canfield, Adam Liptak
Taking Your Case To The Court Of Public Opinion – Strategic, Legal And Ethical Implications Conference, Geoffrey C. Hazard Jr., C. Ronald Ellington, Lonnie T. Brown, David L. Balser, Sally Yates, Peter Canfield, Bruce Harvey, Paul Butler, Joseph Gladden, Larry D. Thompson, Robert Rothman, Linda Disantis, Kenneth Canfield, Adam Liptak
Conferences and Symposia to 2010
During the daylong conference, judges, lawyers and members of the news media debated the professional and moral consequences of discussing legal cases with the media.
Grade Distribution - Fall Semester 2005, Office Of Registrar
Grade Distribution - Fall Semester 2005, Office Of Registrar
Semester Schedules and Information
No abstract provided.
Point Allocation History For Fall Semester 2005, Office Of Registrar
Point Allocation History For Fall Semester 2005, Office Of Registrar
Semester Schedules and Information
No abstract provided.
Phase Ii Compliance & Illicit Discharge Ordinances, Benjamin Corson-Knowles
Phase Ii Compliance & Illicit Discharge Ordinances, Benjamin Corson-Knowles
Land Use Clinic
How municipalities can implement illicit discharge ordinances in compliance with Phase II of the NPDES program of the Clean Water Act.
Harry Potter & The Law: Status, Rules, And The Enslavement Of The House-Elves, James C. Smith
Harry Potter & The Law: Status, Rules, And The Enslavement Of The House-Elves, James C. Smith
Scholarly Works
Is elfin bondage morally justified, or is it as evil as the human institution of slavery? Rowling shows Hermione as a crusader, as an abolitionist. Yet as narrator Rowling does not interject a moral judgment. The reader is left to decide whether Hermione's cause has great merit, is half-cocked, or is somewhere in between.
Harry Potter & The Law: Family Life And Moral Character, James C. Smith
Harry Potter & The Law: Family Life And Moral Character, James C. Smith
Scholarly Works
Harry Potter's mistreatment by his Muggle family does not amount to a legal wrong. Notice that Dumbledore did not threaten the Dursleys with legal proceedings, either in Muggle or Wizard tribunals. The ethic of equitable treatment is societal and lacks a legal basis in Anglo-American family law. Family law has many facets; it is an amalgam of legal rules and principles. My focus is the lens of property law -- in particular, family property norms -- although it is also plain that the Dursleys have not violated non-property based family law norms.
Class Schedule - Fall 2005, Office Of Registrar
Class Schedule - Fall 2005, Office Of Registrar
Semester Schedules and Information
No abstract provided.
Market Solutions To Market Problems: Re-Examining Arbitral Immunity As A Solution To Unfairness In Securities Arbitration, Peter B. Rutledge
Market Solutions To Market Problems: Re-Examining Arbitral Immunity As A Solution To Unfairness In Securities Arbitration, Peter B. Rutledge
Scholarly Works
This paper addresses the fairness of securities arbitrations in the United States. A few decades ago, such a topic would have been relegated to the academic hinterlands. For the first fifty years following the enactment of the nation's securities laws, pre-dispute arbitration agreements between investors and the securities industry were not enforceable. In a series of decisions in the late 1980s, the Supreme Court reversed course and held that such disputes were indeed arbitrable. Following those decisions, arbitration quickly became the preferred method of dispute resolution for cases arising under the nation's securities laws, especially disputes between investors and broker-dealers. …
U.S.-China Textile Trade: An Introduction, C. Donald Johnson
U.S.-China Textile Trade: An Introduction, C. Donald Johnson
Scholarly Works
In the spring of 1999, the Office of United States Trade Representative (USTR) in the Clinton administration was heavily engaged in completing the negotiations on the terms of China's accession agreement to becoming a member of the World Trade Organization (WTO). The Chinese Premier at the time, Zhu Rongji, was scheduled to visit Washington in April, which created an "action forcing event" to complete the agreement for a signing ceremony with President Bill Clinton. After nearly fifteen years of negotiations the end appeared to be near, but several critical issues remained unresolved--including the highly-charged political issue of textiles.
Comparative Law: Alcohol, Drug Abuse & Jurisprudence From The United States To Korea, Hyun J. Cho
Comparative Law: Alcohol, Drug Abuse & Jurisprudence From The United States To Korea, Hyun J. Cho
LLM Theses and Essays
Human beings have struggled against alcohol and drug addiction since the beginning of history. All kinds of possible ways have been used to treat addicts effectively, such as segregation, whipping, sterilization, or execution. Like the ancient methods used to treat the disabled, these methods used to treat alcoholic and drug addicts stemmed mainly from ignorance and prejudice. Through trial and error, a fresh approach of treating alcoholism and drug addiction as a disease has emerged. This new perspective has created drug courts and a movement called Alcoholics Anonymous that have shown successful results, in helping create greater protection under the …
Georgia's New Battleground: Five Georgia Law Professors Examine The State's New Tort Legislation, Lonnie T. Brown, Jr., Ronald L. Carlson, Thomas A. Eaton, C. Ronald Ellington, Michael L. Wells
Georgia's New Battleground: Five Georgia Law Professors Examine The State's New Tort Legislation, Lonnie T. Brown, Jr., Ronald L. Carlson, Thomas A. Eaton, C. Ronald Ellington, Michael L. Wells
Popular Media
In February, after several years of debate, the Georgia General Assembly enacted a comprehensive set of tort reform provisions. This fairly complex body of legislation contains 16 separate sections dealing with procedure, evidence and substantive tort issues. Shortly after it was signed into law, five Georgia Law professors sat down with alumni and students to describe parts of the new legislation, to identify some issues that are likely to arise as the new laws go into effect and to speculate about what they think the likely impact will be on litigation.
Are They Swaying Judges? Oh, Please. Free's Environmental Seminars Offer Intellectual Value, Not Indoctrination, J.B. Ruhl, Peter A. Appel
Are They Swaying Judges? Oh, Please. Free's Environmental Seminars Offer Intellectual Value, Not Indoctrination, J.B. Ruhl, Peter A. Appel
Popular Media
While it is beyond our expertise to opine on what is or is not within the bounds of judicial ethics, we can attest to what transpires at FREE [Foundation for Research on Economics and the Environment] seminars. The Community Rights Counsel's description of them is, simply said, devoid of any connection to reality. The fuss the CRC has raise is, we suspect, more about its disagreement with FREE's philosophy than any genuine concern that federal judges are being brainwashed into making anti-environmental decisions.
Moot Court Executive Board And Teams 2005-2006, Kellie Casey Monk
Moot Court Executive Board And Teams 2005-2006, Kellie Casey Monk
Materials from All Student Organizations
No abstract provided.
The Drafting Process For A Hague Convention On Jurisdiction And Judgments With Special Consideration Of Intellectual Property And E-Commerce, Knut Woestehoff
The Drafting Process For A Hague Convention On Jurisdiction And Judgments With Special Consideration Of Intellectual Property And E-Commerce, Knut Woestehoff
LLM Theses and Essays
This thesis is a study of the drafting process for the Hague Convention on Jurisdiction and Judgments. It will be demonstrated why the original goal of a broad treaty was given up in favor of a draft convention that only applies in international cases to exclusive choice of court agreements concluded in civil and commercial matters in the business-to-business setting. The reader will get an understanding of how the participating nations and interest groups influenced the negotiations and modified the outcome of the discussions. Special consideration was given to the matters of intellectual property and e-commerce, which were nearly completely …
Regulating Section 527 Organizations, Gregg D. Polsky, Guy-Uriel E. Charles
Regulating Section 527 Organizations, Gregg D. Polsky, Guy-Uriel E. Charles
Scholarly Works
In this Essay, we consider whether the Federal Election Commission (FEC) has the authority to regulate independent 527 organizations (e.g., Swiftboat Veterans for Truth, Moveon.org, etc.) as political committees under the Federal Election Campaign Act. This issue, which was hotly debated during the last election cycle when it was considered and ultimately tabled by the FEC, is an extremely complex one that requires a deep understanding of election, tax, administrative, and constitutional law. After considering how these areas of law intersect, we conclude that the FEC lacks the authority to regulate independent 527 organizations as political committees.
Free Movement Of Goods: A Comparative Analysis Of The European Community Treaty And The North American Free Trade Agreement, Pedro A. Perichart
Free Movement Of Goods: A Comparative Analysis Of The European Community Treaty And The North American Free Trade Agreement, Pedro A. Perichart
LLM Theses and Essays
The European Union is currently an economic union, which means that it has almost removed every internal barrier to trade, therefore achieving the free circulation of all factors of production (goods, services, capital, and persons) across the union. The North America Free Trade Agreement (“NAFTA”) establishes a free trade area, with the main purpose of eliminating tariffs among its members, and to some extent, reducing other non-tariff barriers to facilitate the cross-border movement of goods. Despite their differences, both regions seek to achieve certain degree of free movement when trading goods within their respective internal markets. This study will analyze …
Plea Bargaining At The Hague, Julian A. Cook
Plea Bargaining At The Hague, Julian A. Cook
Scholarly Works
Plea bargaining has come to The Hague. For most of its existence, the International Criminal Tribunal for the Former Yugoslavia (ICTY) shunned plea bargains. However, under pressure from United Nations member states and the impending deadline for the resolution of its caseload, the ICTY has increasingly relied on plea bargains in recent months. This Article exposes the deficiencies in guilty plea procedures at The Hague, particularly those designed to assess whether a plea is fully informed and voluntary. In a series of case studies, the Article argues that judicial questioning techniques have exploited the vulnerable state of defendants appearing before …
Torts In Verse: The Foundational Cases, R. Perry Sentell Jr.
Torts In Verse: The Foundational Cases, R. Perry Sentell Jr.
Scholarly Works
This Article contains a "verse," "rhyme," or "poem" for each of the truly foundational cases ordinarily studied in first year Torts. The arrangement assumes a typical Torts casebook's order of presentation, but is fairly flexible. Each entry initially sketches the selected case's significance to the body of Tort law and then follows with the verse. The "rhymes" themselves are admittedly (indeed, intentionally) contrived and pedantic, seeking to elicit groans--but hopefully groans of recognition and familiarity. Ideally, the student will most "enjoy" a verse while reading and studying the case itself; indeed, some verse references make little sense otherwise.
Miranda And Reasonableness, Peter B. Rutledge
Miranda And Reasonableness, Peter B. Rutledge
Scholarly Works
Last term's decisions in Yarborough v. Alvarado and Missouri v. Seibert shed important light on the state of the Miranda doctrine in the Supreme Court. In Yarborough, a slim majority held that a state appellate court's failure to consider a defendant's age and history of contact with law enforcement in its “custody” determination was not “contrary to” or an “unreasonable application of” clearly established Supreme Court case law. In Seibert, a fractured majority affirmed the Missouri Supreme Court's decision to exclude a defendant's confession where police officers strategically withheld a suspect's Miranda rights at the outset of a …
Class Schedule - Summer 2005, Office Of Registrar
Class Schedule - Summer 2005, Office Of Registrar
Semester Schedules and Information
No abstract provided.
Accountability Of Transnational Corporations Under International Standards, Lea Hanakova
Accountability Of Transnational Corporations Under International Standards, Lea Hanakova
LLM Theses and Essays
Due to the process of globalization and rapid economic evolution in the last several years, transnational corporations have become extremely powerful. There is an evident disproportion between the numerous rights enjoyed by transnational corporations and the scarce obligations undertaken by them. Given their transnational nature, transnational corporations have been successfully avoiding national regulations of both their home and host states, and they are seeking to operate in countries with the lowest standards so as to increase their profits. This has resulted in the violation of basic human rights. Therefore, there is an increasing need for the creation of international instruments …
Abu Ghraib, Diane Marie Amann
Abu Ghraib, Diane Marie Amann
Scholarly Works
This article posits a theoretical framework within which to analyze various aspects of post-September 11 detention policy - including the widespread prisoner abuse that has been documented in the leaks and official releases that began with publication of photos made at Iraq's Abu Ghraib prison. Examined are the actions of civilian executive officials charged with setting policy, of judicial officers who evaluated it, and military personnel who implemented it. Abuse has been attributed to failures of training or planning. The article concentrates on a different failure, the failure of law to keep lawlessness in check. On September 11, law's map …
The Legality Of Humanitarian Intervention, Eric Adjei
The Legality Of Humanitarian Intervention, Eric Adjei
LLM Theses and Essays
Intervention in the domestic affairs of sovereign states by other sovereign state(s) is one of the ‘hot’ issues in international law today. The issue is ‘hot’ because the concept of human rights is on the ascendancy whilst international law had from time immemorial held the concept of sovereignty and its key feature, the principle of non-interference in high esteem. In fact, the concept of sovereignty has long been regarded as the bedrock of international relations. However, the doctrine of unilateral humanitarian intervention allows state(s) to intervene in the domestic affairs of sovereign states in the event of massive human rights …
Pre-Contractual Obligations In France And The United States, Florence Caterini
Pre-Contractual Obligations In France And The United States, Florence Caterini
LLM Theses and Essays
This thesis compares the pre-contractual obligations in France and the United States. The focus of this study is to analyze how both legal systems deal with these pre-contractual obligations. It focuses on the possibilities given to the parties to protect themselves during the negotiation process. In event of breach of negotiations, the law gives legal remedies to the parties. French and American laws have a different analysis of the problem but they reach similar result: liability under contract law when a contract has been formed or a tentative agreement, or under tort law when no agreement whatsoever has been reached.
Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon
Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon
Scholarly Works
This Article proceeds in four parts. Part II is a brief overview of harmless-error doctrine in the context of habeas challenges to state criminal convictions, focusing on the nature of the inquiry and the doctrinal deadlock described above. Part III is an empirical analysis of the post-Brecht cases in the federal courts of appeals. To search for a way out of the doctrinal deadlock, I started with a relatively straightforward question: what has happened to harmless-error analysis since Brecht? To answer this question, I reviewed and, with the help of a research assistant, coded all of the 315 …
International Income Allocation In The Twenty-First Century: The Case For Formulary Apportionment, Walter Hellerstein
International Income Allocation In The Twenty-First Century: The Case For Formulary Apportionment, Walter Hellerstein
Scholarly Works
From an international perspective, formulary apportionment has traditionally been viewed as little more than transfer pricing’s “poor relation” as a division-of-income methodology. It receives only grudging recognition as a method of attributing the profits to a permanent establishment under Article 7 of the OECD Model Tax Convention; it receives no mention at all in Article 9 as a method for distributing the profits of associated enterprises among the contracting states in which they conduct their activities; and it was assailed by the international business community and by the EU Member States as out of step with internationally excepted norms in …
Point Allocation History For Spring Semester 2005, Office Of Registrar
Point Allocation History For Spring Semester 2005, Office Of Registrar
Semester Schedules and Information
No abstract provided.
Awards Day 2005, Office Of Registrar
Awards Day 2005, Office Of Registrar
Other Law School Publications
No abstract provided.