Law Commons^™

The Pension Game: Age- And Gender-Based Inequities In The Retirement System, Camilla E. Watson

Scholarly Works

This Article begins by stressing the importance of retirement benefits in general and employer-provided benefits in particular. It then addresses specific current issues of age and gender discrimination under both the private retirement and Social Security systems. Gender-based discrimination is emphasized because of the overlap between gender-based discrimination and age discrimination. Finally, this Article suggests specific reforms for a fairer and more adequate systems in the twenty-first century.

Roman Law And English Law: Two Patterns Of Legal Development, Alan Watson

Scholarly Works

It is commonplace among scholars to link in thought the growth of Roman law and of English law. S.F.C. Milsom begins his distinguished Historical Foundations of the Common Law with the words: "It has happened twice only that the customs of European peoples were worked up into intellectual systems of law; and much of the world today is governed by laws derived from the one or the other." More strikingly, some scholars see an essential similarity in legal approaches in the two systems. Fritz Pringsheim entitled a well-known article The Inner Relationship Between English and Roman Law. W.W. Buckland and …

Preliminary Reflections On Mckesson And American Trucking Associations, Walter Hellerstein

Scholarly Works

On June 4, 1990, the Supreme Court issued its long awaited decisions in McKesson Corp v. Division of Alcoholic Beverages and Tobacco and American Trucking Associations, Inc. v. Smith. Both cases raised the question of whether a taxpayer has a right to a refund of unconstitutional state taxes. This article analyzes these decisions separately and considers the implications of these decisions on future state tax litigation. The article has two purposes: first, to analyze the McKesson and American Trucking Association cases; and second, to consider their implications for future constitutional challenges to state taxes. The article concludes by stating …

Human Gene Therapy And The Law: An Introduction To The Literature, Edward J. Larson

Scholarly Works

This essay will review introductory selections on the law of human gene therapy in the context of four common starting points: the discovery of DNA structure, past efforts to regulate genetic engineering, America's experience with eugenics, and historical, constitutional, or cultural values.

Roundtable: The United States Constitution And The Adoption Of International Human Rights Instruments: Freeing The Political Logjam: Keynote Address: Proposals For The Future, Louis B. Sohn

Scholarly Works

As it has already been mentioned today, we are living in a rather exciting time as far as human rights are concerned. Since 1917, we have lived under both the shadow of the Soviet Revolution and the threat of Communism becoming the great idea of the future. We know now that this did not come to pass, and that communism has proved to be unable to assert is superiority over other existing political systems. A chance and opportunity now exists for the United States to show that it can do better, that its goal is not to take over the …

Georgia's Historic Law Schools -- Part Ii: University Of Georgia - History Of The University Of Georgia School Of Law, C. Ronald Ellington

Popular Media

In June 1859, Joseph Henry Lumpkin, William Hope Hull, and Thomas R.R. Cobb, under the authority of the University of Georgia's Board of Trustees, issued a printed announcement of the opening session of a law school on October 1 of that year. Law courses had been offered up to that time as one part of the curriculum of the Franklin College, but the reorganization plan unveiled called for the establishment of a law school with a faculty of three. The law professors would be unsalaried and were to be compensated from tuition collected. The School of Law was formally created …

Promotion Of U.S. Foreign Investment In Selected Eastern European Countries In The 1990’S. Comparative Analysis Of Foreign Investment Laws In Poland, The Soviet Union, Yugoslavia, And Hungary And Possible Impact Of The U.S. Law On Their Operation, Dorota Szewc

LLM Theses and Essays

Perestroika describes the historical revolution of political and economic reforms which were aimed at accelerating economic growth, democratization, and openness. As the failings of the socialist economic model became more apparent, Eastern European nations were motivated to enact laws allowing foreign investment. A comparative analysis of these foreign investment laws in Poland, the Soviet Union, Hungary, and Yugoslavia is made. Even with the reforms in Eastern Europe, U.S. law may affect the actions of American investors in Eastern Europe. Specifically, U.S. export control laws effect the trade between the U.S. and countries still deemed to be communist, and U.S. antitrust …

Compensatory Discrimination Under The Perspective Of The Equality Clauses Of The Constitutions Of The United States And India, Sujatha Ganesan

LLM Theses and Essays

This thesis undertakes a comparative study of the Constitutional limits on affirmative action programs (or the compensatory discrimination policies) in the United States and India. The discussion is restricted to comparison of compensatory discrimination on the basis of race in the United States with that of caste in India. With respect to matters of compensatory discrimination, the purpose of the thesis is to show that while the United States and India have adopted similar policies to rectify the inequalities that exist in the respective societies, the constitutional treatment of these policies by both countries is very different resulting from the …

Choice Of Law Clauses In Consumer Contracts: A Comparative Study Of American And E.E.C. Law, Jean-Marie Henckaerts

LLM Theses and Essays

The selection of the law applicable to a certain relationship may seem to be the sole purpose of choice of law rules. However, it is questionable whether this choice should be made independent from the content of the various laws available. The selection of the most appropriate law cannot disregard the social, economic and political values that form the basis of substantive rules. In modern legal systems, social values such as consumer protection are recognized to a growing extent.

The present work explores the concept of choice of law – namely party autonomy with a focus on consumer contracts in …

The Transformation Of American Property Law: A Comparative Law Approach, Alan Watson

Scholarly Works

This Article looks at aspects of a particular societal problem as it was approached at different historical periods in Roman, French, and American property law. The main point of the Article is to clarify understanding of the American course of development through an awareness of how the problem was dealt with elsewhere. This awareness will cast doubt on the simplicity of the American course of development as explained in a distinguished book, and on the relationship of the legal development to economic change. In THE TRANSFORMATION OF AMERICAN LAW, 1780-1860, Morton J. Horwitz seeks "to show that one of the …

The Unimportance Of Precedence In The Law Of Federal Courts, Michael L. Wells

Scholarly Works

Part I of this Article asserts that the Supreme Court pays little attention to precedent in federal courts law. My examples in support of this claim are taken from important areas of federal courts doctrine, where two major upheavals have taken place in the past thirty years. First, the Warren Court rewrote the law to expand access to federal court. then under Chief Justice Burger, the Court undid many of the changes wrought by its predecessor. The discussion in Part I of prominent departures from precedent is not offered as decisive proof that stare decisis is less important in federal …

Section 301'S Preemption Of State Law Claims: A Model For Analysis, Rebecca White

Scholarly Works

Congress, in section 301(a) of the Labor Management Relations Act, has provided a cause of action for breach of a collective bargaining agreement. This statute has long been interpreted as ousting state law claims for breach of contract when the contract involved is a collective bargaining agreement.

To what extent Congress, in enacting section 301, intended to foreclose other state law claims by the parties to or the individuals covered by a collective bargaining agreement is an issue that has recently gained prominence. The Supreme Court has decided four such cases unanimously in the last four years.

Such contemporary and …

The International Reach Of Rule 10b-5: The Myth Of Congressional Silence, Margaret V. Sachs

Scholarly Works

This article challenges the conventional wisdom that in adjudicating the international reach of rule 10b-5 courts begin with a blank legislative slate. The history of the securities laws demonstrates that this conventional wisdom is erroneous in two important respects. First, the securities markets of the 1920's were highly international, as Congress was well aware when it enacted the 1933 and 1934 Acts. Second, Congress nevertheless chose to protect only those investors whose trades occur inside the United States-“domestic traders” -- regardless of whether the securities traded are domestic or foreign. As a result, foreign traders lack standing to sue under …

Essential Functional Issues In Nepalese Contract Law: A Comparison With United States Law, Tribhuban Dev Bhatta

LLM Theses and Essays

American and Nepalese contract law may be put at two ends of spectrum. The former legal system is a long parent system. This comparative study will probe some of the causes of the stasis in Nepalese contract law by examining the Contract Act, cases adjudicated under it, and related provisions of the other laws. The inquiry is restricted to certain selected areas of functional interest form a Nepalese perspective and does not purport to examine interest interrelated doctrinal or other areas with equal thoroughness. The approach throughout is to study the Anglo-American contract law on the subject and compare Nepalese …

Crisis In No-Fault Automobile Insurance, Dragana Davidovic

LLM Theses and Essays

This thesis presents an overview of no-fault automobile insurance and examines current issues in the political and policy debate surrounding insurance reform. Part I summarizes the costs of automobile accidents and describes how the tort system handles claims arising from such accidents. Part II gives an introduction to the world of insurance, explaining theoretical differences between fault and no-fault based auto insurance. Part III presents the history of various no-fault plans. Part IV describes and explains current issues in no-fault insurance. Costs, benefits, and cost-efficiency of no-fault insurance are also discussed. Since the accident prevention is a social goal as …