Law Commons^™

The Commodification Of Patents 1600-1836: How Patents Became Rights And Why We Should Care, Oren Bracha

Loyola of Los Angeles Law Review

No abstract provided.

Declaring Open Season: The Outbreak Of Violence Against Undocumented Immigrants By Vigilante Ranchers In South Texas., Sara A. Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Each year, over one million undocumented immigrants make their way across the U.S.-Mexican border in search of a better life. They are fleeing desperate situations like war, oppression, corruption, and starvation. Not only do undocumented immigrants making their way across the border have to fear dehydration and starvation, but they must also worry about death at the hands of Texas landowners. Texas ranchers often react with extreme measures in protecting their property. Ranch Rescue is an organization made up of volunteers who believe they should take measures into their own hands whenever there is a failure or refusal to act …

Unbundling Scope-Of-Permission Goods: When Should We Invest In Reducing Entry Barriers?, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Cyber Security: Of Heterogeneity And Autarky, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The New Fugitive, James Rainsford, Jay Cooper

The New Fugitive Student Newspaper

"All the World's a Stage," by James Rainsford

Clerkship with a Diplomat, As told to Jay Cooper by a friend

"Make Wise Men Mad!", by James Rainsford

Coming Attractions

Boyce & Isley, Pllc V. Cooper And The Confusion Of North Carolina Libel Law, Hugh Stevens

North Carolina Law Review

No abstract provided.

Workers' Comp 101: Injured Employees Seek An Education Rather Than Employment, Megan E. Miller

North Carolina Law Review

No abstract provided.

Mistaken Interpretation: The American Arbitration Association, Green Tree Financial Corporation V. Bazzle, And The Real State Of Class-Action Arbitration In North Carolina, Robert Jason Herndon

North Carolina Law Review

No abstract provided.

Subjects, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Intellectual Property And Public Policy In Historical Perspective: Contestation And Settlement, Susan Sell

Loyola of Los Angeles Law Review

No abstract provided.

Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd

Campbell Law Review

What is the effect of a deadlocked jury in a sentencing hearing for the application of the death penalty on the termination of jeopardy? This comment will explore this issue as presented in Sattazahn v. Pennsylvania, and analyze not only the arguments made in both the majority and dissenting opinions, but other considerations which arise when deciding if double jeopardy protections should apply. Also considered in the comment is the effect of the Sattazahn decision on future criminal defendants. What consequences will this decision have for the death row defendant when trying to decide whether to appeal his possibly erroneous …

Scarlet Letter Punishment For Juveniles: Rehabilitation Through Humiliation?, Bonnie Mangum Braudway

Campbell Law Review

This comment begins by discussing the historical development of the juvenile justice system and society's use of shaming penalties. In Section III, it will point out the dangers of using shaming penalties on juvenile offenders. Section IV will explore how the highest courts in two major jurisdictions may handle an appeal from a fictional juvenile sentenced to a shaming punishment. Finally, the comment will discuss possible improvements in the juvenile justice system.

Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Designing A Pre-Apprenticeship Model For Women Entering And Succeeding In The Construction Trades, Susan Moir Scd, Elizabeth Skidmore

Labor Studies Faculty Publication Series

It has been over a quarter century since the Carter administration set a goal of increasing the number of women working in the construction industry to 6.9% of the workforce. It is often overlooked that the stated intent of this policy initiative was for women to make up 25% of construction workers by the year 2000 (Eisenberg, 1999). While some isolated projects have met or exceeded the 6.9% target, the number of women working in the construction trades nationally increased in the first few years after 1979, but leveled off at under 3% in the early 1980’s and has stayed …

The Matthew Effect And Federal Taxation, Martin J. Mcmahon Jr.

UF Law Faculty Publications

The “Matthew Effect” is a synonym for the well-known colloquialism, “the rich get richer and the poor get poorer.” This Article is about the Matthew Effect in the distribution of incomes in the United States and the failure of the federal tax system to address the problem. There has been a strong Matthew Effect in incomes in the United States over the past few decades, with an increasing concentration of income and wealth in the top one percent. Nevertheless, there has been a continuing trend of enacting disproportionately large tax cuts for those at the top of the income pyramid. …

Abuse, Neglect And Dependency Cases In Juvenile Court, Kelly Browe Olson

Law Faculty Scholarship

No abstract provided.

Constitution Of The State Of Georgia Defense Of Marriage Act: Amend The Constitution Of The State Of Georgia To Provide That Georgia Shall Recognize As Marriage Only The Union Of A Man And A Woman; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Shannon Alexander, Heather Schafer

Georgia State University Law Review

Defense of Marriage Act: Amend the Constitution of the State of Georgia to Provide That Georgia Shall Recognize as Marriage Only the Union of a Man and a Woman; Provide for Submission of This Amendment for Ratification or Rejection; and for Other Purposes

Conservation And Natural Resources Stream Buffers: Amend Code Section 12-7-6 Of The Official Code Of Georgia Annotated Relating To Best Management Practices For Control Of Soil Erosion And Sedimentation And Minimum Requirements For Rules, Regulations, Ordinances, Or Resolutions To Change Certain Provisions Relating To Twenty-Five Foot Buffers Along State Waters; Repeal Conflicting Laws; And For Other Purposes, Sue B. Smith

Georgia State University Law Review

The Act allows individuals and developers to build within the 25 foot stream buffer as long as either the project will not increase the amount of pollutants in the stream or the project will improve water quality.

Crimes And Offenses Offenses Against Public Health And Morals; Enact The "Georgia Smokefree Air Act Of 2004"; Provide For The Crime Of Smoking In A Motor Vehicle On A State Highway, County Road, Or Municipal Street Or On Private Property While A Child Is Restrained In A Child Passenger Restraining System; Prohibit Smoking In Certain Facilities And Areas; Provide For Definitions; Provide For Exceptions; Provide For Posting Of Signs; Provide For Violations, Penalties, And State And Local Government Enforcement And Administration; Provide For Construction; Provide That This Prohibition Shall Be Cumulative To Other General Or Local Acts, Rules, And Regulations; Repeal A Former Prohibition Against Smoking In Public Places; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Brandy Ouzts

Georgia State University Law Review

The bills would have prohibited smoking in all enclosed public places in Georgia, including government owned, leased, and operated facilities and enclosed areas in places of employment. The bills also provided that these facilities must display a No Smoking sign and may not contain smoking related paraphernalia. Private residences, vehicles, stand-alone bars, some hotel rooms, private and semi-private rooms in nursing homes, retail tobacco stores, and outdoor places of employment would have been exempt from the smoking prohibition. Finally, penalties for violating the smoking ban would have included monetary fines, suspension, or revocation of the facility's business license, and injunctive …

Health, Torts, And Civil Practice Georgia Hospital And Medical Liability Insurance Authority Act: Provide For Legislative Findings With Respect To A Crisis In The Field Of Hospital And Medical Liability Insurance; Address This Crisis Through Provision Of Insurance And Certain Civil Justice Reforms; Create The Georgia Hospital And Medical Liability Insurance Authority; Provide For The Members Of The Authority And Their Selection, Service, And Terms Of Office; Provide For The Filling Of Vacancies; Provide For The Powers, Duties, Operations, And Financial Affairs Of The Authority; Provide For The General Purpose Of The Authority; Prescribe Standards Relating To Vicarious Liability Of Medical Facilities For Actions Of Health Care Providers; Provide For Limited Liability For Certain Medical Facilities And Health Care Providers For Treatment Of Certain Emergency Conditions Under Certain Conditions; Provide For Qualifications Of Experts; Change Provisions Relating To The Allocation Of Liability And Recovery Of Damages In Tort Actions; Provide For The Degree Of Care Expected Of Medical Professionals In An Emergency Room Setting; Provide For The Consideration By The Jury Or Other Trier Of Fact Of Certain Factors Affecting This Care In Determining Whether Defendants Met This Degree Or Standard Of Care; Require The Approval By The Commissioner Of Insurance Of All Medical Malpractice Rates, Rating Plans, Rating Systems, And Underwriting Rules Prior To These Rates, Rating Plans, Rating Systems, And Underwriting Rules Becoming Effective; Change Certain Provisions Relating To Actions Against Certain Codefendants Residing In Different Counties; Change Provisions Relating To The Required Filing Of Affidavits In Professional Malpractice Actions; Provide For Other Related Matters; Repeal Conflicting Laws; And For Other Purposes, David Boohaker, Jon Gallant, Ramsey Knowles, A. Robin Teal

Georgia State University Law Review

The bill would have created an authority with power to provide rural hospitals with the ability to self-ensure. The bill would have allowed emergency facilities to limit liability associated with doctors who are independent contractors. The bill would have also restricted recovery from each defendant based on apportionment of liability rather than the usual joint and several liability schemes. The bill failed after a standoff on an amendment to cap non-economic damages.

Education Elementary And Secondary Education: Authorize The Reading Or Posting Of Certain Writings, Documents, And Records Without Content-Based Censorship Thereof; Provide For Notice To Local School Superintendents; And For Other Purposes, Joshua Brooker, Laura Verduci

Georgia State University Law Review

The bill would have permitted state school boards to allow and encourage their teachers and administrators to read or post in their school building, classrooms, or at any event, documents or any portion of documents that relate to American heritage. The bill would have provided a list of documents, including the Constitution, the Declaration of Independence, the Mayflower Compact, and United States Supreme Court decisions. The bill would have prohibited content-based censorship of American history and heritage-based documents regarding any religious references.

Health Standards For Sewage Management Systems: Provide For The Continued Use And Installation Of All On-Site Sewage Management System; Authorize The Department Of Human Resources To Adopt State-Wide Regulations For On-Site Sewage Management Systems; Repeal The Definition Of "Prior Approved System"; Authorize The Department To Require Prior Examination And Approval Of Such Systems Before Use In Georgia; Provide For A Reduction In Trench Length Under Certain Circumstances; And For Other Purposes, Nicholas Prince Smith

Georgia State University Law Review

Standards for Sewage Management Systems: Provide for the Continued Use and Installation of All On-Site Sewage Management System; Authorize the Department of Human Resources to Adopt State-Wide Regulations for On-Site Sewage Management Systems; Repeal the Definition of Prior Approved System; Authorize the Department to Require Prior Examination and Approval of Such Systems Before Use in Georgia; Provide for a Reduction in Trench Length Under Certain Circumstances; and for Other Purposes

Education Policies Prohibiting Bullying: Amend Policies Prohibiting Bullying Behavior; Make Changes Relating To Local School Board Policies Regarding Bullying In Student Codes Of Conduct; Change The Definition Of Bullying Behavior; Provide That Policies Relating To Bullying Behavior Apply To Students In Kindergarten Through Grade 12; Require Training On Bullying Behavior For Certain School System Personnel; Provide That Local School Systems Provide Information To The Department Of Education On The Number And Disposition Of Bullying Incidents Reported; Repeal Conflicting Laws, And For Other Purposes, Rachel E. Conrad

Georgia State University Law Review

Policies Prohibiting Bullying: Amend Policies prohibiting Bullying Behavior; Make Changes Relating to Local School Board Policies Regarding Bullying in Student Codes of Conduct; Change the Definition of Bullying Behavior; Provide that Policies Relating to Bullying Behavior Apply to Students in Kindergarten Through Grade 12; Require Training on Bullying Behavior for Certain School System Personnel; Provide that Local School Systems Provide Information to the Department of Education on the Number and Disposition of Bullying Incidents Reported; Repeal Conflicting Laws, and for Other Purposes

Crimes And Offenses Racketeer Influenced And Corrupt Organizations: Allow Class Actions To Be Brought Against Unlicensed Lenders; Include Payday Lending In The Definition Of Racketeering Activity; Declare A Legislative Intent To Prohibit Activities Commonly Referred To As Payday Lending, Deferred Presentment Services, Or Advance Cash Services; Strengthen And Increase The Criminal And Civil Penalties Therefore; Void Payday Lending Loans; Declare That Forum Selection Clauses In Payday Lending Contracts Are Unenforceable In Georgia; Provide For Civil Remedies Of Borrowers; Provide For Civil Penalties; Declare A Tax On Profits From Payday Loans, Tia Martarella

Georgia State University Law Review

The Georgia General Assembly determined that, despite actions by the Attorney General and the Industrial Loan Commission, payday lending continues in the State of Georgia. The Act declares a legislative intent to prohibit payday lending and provides for civil remedies to those borrowers harmed

Crimes And Offenses Child Endangerment: Define Criminal Negligence; Provide For Legislative Findings And Intent; Change The Definition Of Cruelty To Children To Provide For Third Degree Cruelty To Children; Provide For Penalties; Provide For Definitions; Make It Unlawful For Persons To Engage In Certain Activities Associated With Manufacturing Of Possessing Methamphetamine In The Presence Of Children; Refine The Term "Serious Injury" To Include Sexual Abuse Of A Minor Under The Age Of 16 Years, Jeremy P. Burnette

Georgia State University Law Review

Child Endangerment: Define Criminal Negligence; Provide for Legislative Findings and Intent; Change the Definition of Cruelty to Children to Provide for Third Degree Cruelty to Children; Provide for Penalties; Provide for Definitions; Make It Unlawful for Persons to Engage in Certain Activities Associated with manufacturing of Possessing Methamphetamine in the Presence of Children; Refine the Term Serious Injury to Include Sexual Abuse of a Minor Under the Age of 16 Years; Provide for Related Matters; Provide for an Effective Date and Applicability; Repeal Conflicting Laws; and for Other Purposes

The Librarian's Taboo: Negotiating Salaries, Elizabeth G. Adelman

Faculty Publications By Year

No abstract provided.

A World Of Collaboration: Aall's 97th Annual Meeting And Conference Took On Global Issues Of Law Librarianship, Stephanie Davidson, Colleen C. Williams

Faculty Publications By Year

No abstract provided.

Virtual Shareholder Meetings, Elizabeth Boros

Duke Law & Technology Review

Electronic communication impacts how widely-held corporations conduct shareholder meetings. For example, technology has facilitated such options as electronic proxy voting, remote electronic voting, and "virtual meetings." This iBrief examines the idea of "virtual meetings" and argues that they should not entirely replace physical meetings unless an electronic solution can be devised which replicates the face-to-face accountability of management to retail shareholders.

Small Business And The False Dichotomies Of Contract Law, Larry Garvin

The Ohio State University Moritz College of Law Working Paper Series

The article explores the classic consumer- merchant dichotomy from the vantage of small businesses. Using empirical data and the psychology, economics, and management literature, it shows that small businesses, treated like large businesses throughout most of contract and commercial law, in fact behave more like consumers. Small businesses lack the financial strength of large businesses. They generally lack the information gathering ability of large businesses. Finally, they generally are more prey to cognitive errors than are large businesses. As a result, small businesses lose in two ways. When they deal with consumers, they are presumed to have the power, information, …

Lara, Lawrence, Supreme Court Litigation, And Lessons From Social Movements, Kevin K. Washburn

Tulsa Law Review

No abstract provided.