Law Commons^™

The Relevance Of Tort Law Doctrines To Rule 10b-5: Should Careless Plaintiffs Be Denied Recovery?, Margaret V. Sachs

Scholarly Works

Private litigation under section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5 is at present riddled with tort law doctrines. Familiar tort concepts such as aiding and abetting, respondeat superior, plaintiff's duty of care, in pari delicto, and contribution have been imported into the rule 10b-5 private action by a number of lower federal courts. The United States Supreme Court had not addressed the relevance of any of these doctrines until its decision this year in Bateman Eichler, Hill Richards, Inc., v. Berner. By disallowing a defense of in pari delicto on statutory enforcement grounds, Bateman plainly …

Advocate, Fall 1985, Vol. 21, No. 1, Office Of Communications And Public Relations

News @ UGA School of Law

"Sweet Smell of Success" The ABA/AALS Evaluation; The Job Shop: Placement Resources; LL.M. Program Expands With An International Flair; The Rusk Center: Timely Fall Conferences; Brown Clerks for U.S. Chief Justice Burger; A Visit From Gray's Inn; The Brussels/Athens Connection; Vogel-Polsky Gives Edith House Lecture; Sibley Lecture Series Features Judge Rubin; Edwin Newman Interviews Dean Rusk; Maxine Thomas Named Kellogg Foundation Fellow; Former Secretary of Labor Wirtz Practitioner in Residence; Faculty Notes; Class Challenge Program; Capital Gifts

Volume 21, Issue 1 (Fall 1985), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• "Sweet Smell of Success" The ABA/AALS Evaluation
• The Job Shop: Placement Resources
• LL.M. Program Expands With An International Flair
• The Rusk Center: Timely Fall Conferences
• Brown Clerks for U.S. Chief Justice Burger
• A Visit From Gray's Inn
• The Brussels/Athens Connection
• Vogel-Polsky Gives Edith House Lecture
• Sibley Lecture Series Features Judge Rubin
• Edwin Newman Interviews Dean Rusk
• Maxine Thomas Named Kellogg Foundation Fellow
• Former Secretary of Labor Wirtz Practitioner in Residence
• Faculty Notes
• Class Challenge Program
• Capital Gifts

A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson

Scholarly Works

In this paper I want to look at four approaches to deciding a case in different societies-contemporary England, uncodified civil or 'mixed' law systems (with an example from 17th century Scot-land and another from early 20th century South Africa), 19th century France after codification, 15th century Germany with a glance at 13th and 14th century Spain-where the attempt is made each time to reach the correct decision by applying the mental process thought most appropriate. None of the approaches examined here is result-oriented, and to outsiders, especially to lawyers brought up in a different legal culture, the mental process seems …

In Memoriam: Vaughn Charles Ball (1915-1985), C. Ronald Ellington

Scholarly Works

Vaughn C. Ball was the Thomas Reade Rootes Cobb Professor of Law at the University of Georgia School of Law from 1974 until his retirement in 1983. Vaughn's death on December 2, 1985, deprived those of us who were fortunate to know him well of a wonderful colleague whose keen mind, wry humor, and engaging wit added sparkle to any conversation.

Why Professor Redish Is Wrong About Abstention, Michael Wells

Scholarly Works

Most critics of the Supreme Court's abstention doctrines have attacked the substantive merits of rules that channel constitutional litigation away from federal courts and into state courts instead. In a recent article, Martin Redish raises an interesting objection to abstention from a different perspective. He addresses the institutional legitimacy of the rules and contends that whatever their merits, rules like these should be made only by Congress and not the Supreme Court, for they contravene Congress' intent to grant federal courts jurisdiction over constitutional claims against state actors. Part I of this article describes the context in which the choice …

Law In A Reign Of Terror, Alan Watson

Scholarly Works

A few years ago I published a book, The Nature of Law, which was activated primarily by three long held beliefs. First, law is a means, not an end in itself; and legal rules, principles, decisions do not come into being without some purpose. The end envisaged for a legal rule or decision may be immediate -- to give financial compensation to a particular victim of negligence, for instance -- or more remote -- to promote general happiness or bolster the economic dominance of the ruling class, for example -- but that does not concern us here. What, in …

The Abortion Controversey: A Study In Law And Politics, Albert M. Pearson, Paul M. Kurtz

Scholarly Works

The Supreme Court's 1973 decision in Roe v. Wade, which held that women have a federal constitutional right to an abortion, has generated considerable controversy. The abortion issue became politically significant in the 1960's, when, emboldened by the Supreme court's recognition of a constitutionally based right of privacy, activists initiated a series of legal challenges to the validity of state abortion laws. Their efforts finally succeeded in 1973 when the Supreme Court in Roe and Doe v. Bolton struck down as unconstitutional the Texas and Georgia abortion laws. For those who objected to the result in Roe, however, …

Tax Policy For Post-Liberal Society: A Flat-Tax-Inspired Redefinition Of The Purpose And Ideal Structure Of A Progressive Income Tax, Charles R.T. O'Kelley

Scholarly Works

A flat rate comprehensive federal income tax could be achieved by replacing graduated rates with a single rate that applies to all taxpayers, eliminating many currently available deductions and credits, and treating as taxable income types of economic gain presently excluded from the tax base. The fact that Congress is seriously considering such radical changes makes it appropriate for tax scholars to reconsider longheld beliefs about the ideal structure of an income tax. This Article analyzes the characteristics and underlying rationale of a progressive flat rate comprehensive income tax and reconsiders the nature and purpose of a progressive income tax. …

Protection Available To A U.S. Citizen Who Buys Securities From Foreigners: Relief In The U.S. For Sales At Home And Abroad; Protection Under U.K. And Thailand Laws, Narestr Kesaprakorn

LLM Theses and Essays

This paper will examine regulations relating to transactions by foreigners in the United States securities markets and compare with investor protection in the U.K. and Thailand. It will also examine the manner in which the U.S. seeks to control extraterritorial securities transactions.

Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb

LLM Theses and Essays

Chapter I of this paper will focus on the current approach to the delimitation of the relevant market, the determination of market concentration and the legal requirements for a challenge of market dominating enterprises. In Chapter II, because of the interdependency between monopoly and antimerger policy, the present legal situation of mergers shall be analyzed. Finally, the theories of the problem of the jurisdictional reach of antitrust laws will be considered in Chapter III.

Litispendence Between The International Court And The Security Council, Theodoor Jh Elsen

LLM Theses and Essays

The exception of lis pendens is an objection against the admissibility of the claim. The general power of the tribunal to hear the claim is not contested, but the special situation that a claim on the same cause of action is pending before another forum is alleged to preclude the tribunal from asserting jurisdiction. This essay focuses on the exception of lis pendens raised before the International Court of Justice or the United Nations Security Council when both organs are simultaneously engaged in the settlement of the same dispute.

The Tax Expenditure Budget: A Typological Analysis, Jochen Winter

LLM Theses and Essays

The Tax Expenditure Budget has been part of the budgetary process for more than ten years. This study attempts to review the academic and administrative pros and cons. It focuses on the effect of the tax Expenditure Budget on tax legislation. Finally, it determines the role of the Tax Expenditure Budget in today’s fiscal policy.

Bad Check Crime: A Comparison Study Between The United Arab Emirates And The United States, Abdurahim Y.M. Sharaf

LLM Theses and Essays

This thesis analyzes the law relating to bad checks in the United States and the United Arab Emirates. The objective is to examine the major similarities and differences between the two countries and whether these differences might be lessened. The focus is on the criminal offense of writing checks with insufficient funds, or the "bad check crime."

The New Federalism In Criminal Procedure In 1984: Death Of The Phoenix?, Donald E. Wilkes Jr.

Scholarly Works

A decade has passed since my first article on the topic of new federalism in criminal procedure entitled, The New Federalism in Criminal Procedure: State Court Evasion of the Burger Court. This chapter takes a fresh look at the new federalism in criminal procedure in light of developments occurring since 1974.

The Great Writ: No Longer As Dear To The Tories As To The Whigs -- A Critique Of Senator Nunn's Habeas Corpus Article, Donald E. Wilkes Jr.

Scholarly Works

The days of praise for the Great Writ from all political quarters are over. Today the legal literature includes a growing body of articles lashing out at the modern federal habeas corpus remedy for state prisoners authorized by 28 U.S.C. § 2254 and advocating statutory changes to make it more difficult to obtain Section 2254 relief. In the vanguard of these articles are those by conservative political figures or law enforcement officials. In 1984 this criticism of the Section 2254 remedy in scholarly journals arguably reached its zenith, in terms of degree of harshness, when the attorney general of Alabama …

The Injury Test Under The Us And Eec Antidumping And Courntervailing Law, Francois Gabriel

LLM Theses and Essays

Antidumping and countervailing legislation contain two tests. First, is the import product dumped or subsidized? Second, is it causing injury to the domestic producers? The latter test, which is the most controversial in the history of antidumping and countervailing legislation, is, in a comparative perspective between the EEC and the USA, the focus of this thesis.

Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary

Scholarly Works

This Article highlights significant developments in trial practice and procedure during the survey period. These developments include legislative changes that extend the privilege of renewal to actions first commenced in federal court and that shorten slightly the period in which a plaintiff can voluntarily dismiss an action by notice. An important judicial contribution occurred when the supreme court adopted the Uniform Superior Court Rules and similar rules for each of the other classes of trial courts. These uniform rules apply statewide and supersede and limit local rules of court. The new uniform rules deserve careful reading in their entirety, but …

Volume 20, Issue 2 (Winter 1985), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• Comedy Honors Anniversary
• U.S. Solicitor General Lectures
• Georgia Supreme Court Visits
• Colonial Judicial Robes
• Surveys and Rankings
• Rusk Center Workshops
• In Memory
• Poem by Sentell
• Lumpkin House Re-Opens
• Faculty Publications and Activities
• Moot Court and Mock Trial
• Private Sector Dollars
• Announcements