Law Commons^™

Civil Practice Reform Civil Practice: Amend Article 3 Of Chapter 11 Of Title 9 Of The Official Code Of Georgia Annotated, Relating To The “Civil Practice Act,” So As To Change Provisions Relating To Civil Practice; Provide For The Appointment Of Special Masters; Provide For Authority; Provide For Orders And Reports; Provide For Procedure; Provide For Compensation; Provide For A Stay Of Discovery When A Motion To Dismiss Is Filed; Provide For Related Matters; Provide For Effective Dates And Applicability; Repeal Conflicting Laws; And For Other Purposes., Kimberly Hermann, Melissa G. Hodson

Georgia State University Law Review

This Bill provided for a “loser pays” provision that the party losing on a motion to dismiss would be assessed the prevailing party’s attorney fees. The Bill also provides for a stay of discovery when a motion to dismiss is filed to ensure that the costly discovery process would not begin until the legal merits of a complaint have been tested. This legislation was originally introduced by the Governor to reduce frivolous law suits in Georgia and provide relief to those wrongly sued.

Criminal Procedure Indigent Defense: Amend Chapter 12 Of Title 17 Of The Official Code Of Georgia Annotated, The “Georgia Indigent Defense Act Of 2003,” So As To Extensively Revise Said Act; Reconstitute The Georgia Public Defender Standards Council With New Membership; Change The Powers And Duties Of The Council And Provide That It Shall Be An Advisory Body; Provide For The Georgia Public Defender Standards Agency As An Agency Of The State; Provide For Its Director And The Powers And Duties And Operations Of The Agency And The Director; Provide That The Director Shall Have The Control And Management Of The Agency And Shall Exercise Supervision With Respect To Circuit Public Defenders And Carry Out Other Duties Formerly Vested In The Council; Provide For Procedures For The Removal Of A Circuit Public Defender From Office; Provide For Other Related Matters; Provide For Effective Dates; Repeal Conflicting Laws; And For Other Purposes., Lisa Caucci, Shannon Creasy

Georgia State University Law Review

The bill would have removed the Georgia Public Defender Standards Council’s authority over the public defender system and changed it to an advisory body only. The public defender system itself would have changed from an independent entity to a state agency named the Georgia Public Defender Agency.

Nil: The Value Of Patents In A Major Crisis Such As An Influenza Pandemic, Dennis D. Crouch

Faculty Publications

This essay focuses on the role of patents in relation to a potential global crisis such as an influenza pandemic or other public health crisis. I argue that patent rights will be largely ignored during an epidemic and that any post-crisis compensation would likely be low when compared to traditional patent rewards or settlements entered under threat of injunctive relief. In some situations, such as use of a patented invention by a state or local government, a patentee may have no recourse. Part III of the essay raises a separate issue that stems from the relatively long time frame for …

Institutional Design And Governance In Microbial Research Commons, Charlotte Hess

Librarian Publications

Presentation slides on institutional design and governance to facilitate a global research commons for microbiology delivered at the International Symposium on Designing the Microbial Research Commons, sponsored by the National Academy of Sciences, Washington, DC, 8-9 October 2009.

Class Of 2012 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2012

Echoes Of The Impact Of Webb V. Mcgowin On The Doctrine Of Consideration Under Contract Law: Some Reflections On The Decision On The Approach Of Its 75th Anniversary, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

Ethics And Citizenship Culture In Bogota's Urban Administration, Mario Nogeira De Oliveira

University of Miami Inter-American Law Review

No abstract provided.

Ambiguity About Ambiguity: An Empicical Inquiry Into Legal Interpretation, Dustin F. Guzior, Ward Farnsworth, Anup Malani

Public Law and Legal Theory Working Papers

Most scholarship on statutory interpretation discusses what courts should do with ambiguous statutes. This paper investigates the crucial and analytically prior question of what ambiguity in law is. Does a claim that a text is ambiguous mean the judge is uncertain about its meaning? Or is it a claim that ordinary readers of English, as a group, would disagree about what the text means? This distinction is of considerable theoretical interest. It also turns out to be highly consequential as a practical matter. To demonstrate, we developed a survey instrument for exploring determinations of ambiguity and administered it to nearly …

Operatively White: Exploring The Significance Of Race And Class Through The Paradox Of Black Middle-Classness, Audrey Mcfarlane

All Faculty Scholarship

The black–white paradigm has been the crucial paradigm in racial geography of land use, housing and development. Yet it is worthwhile to consider that, in this context, distinctions based on race are accompanied by a powerful, racialized discourse of middle class versus poor. The black–white paradigm in exclusionary zoning, for example, involves the wealthy or middle-class white person (we need not even use the term white) protesting against or displacing the poor black person. (we also need not even use the term black). Another example of the racialized discourse of middle class versus poor is in the urban-gentrification context. The …

Assigning Rights And Protecting Interests: Constructing Ethical And Efficient Legal Rights In Human Tissue Research, Natalie Ram

All Faculty Scholarship

No abstract provided.

We Have A "Purpose" Requirement If We Can Keep It, James F. Flanagan

Faculty Publications

The Supreme Court in Giles v. California held that a defendant forfeits the right to confront a witness only when he purposefully keeps the witness away. Many see the "purpose" requirement as an unjustified bar to the use of victim hearsay, particularly in domestic violence prosecutions where victims often refuse to appear. The author defends Giles as a correct reading of history, and independently justified by longstanding precedent that constitutional trial rights can only be lost by intentional manipulation of the judicial process. Moreover, the purpose requirement does not prevent prosecutions or convictions because the definition of testimonial hearsay is …

Table Of Contents

The Journal of Law and Education

No abstract provided.

The Rocket's Red Glare: The Largely Errant And Deflected Flight Of Tinker, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Student Speech: A Degrading Test Counterpoints Introduction, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Protecting Religious Students In Public Schools: Whose Ox Is Being Gored Counterpoints, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Curtailing Degrading Student Expression: Is A Link To A Disruption Required Counterpoints, Martha Mccarthy

The Journal of Law and Education

No abstract provided.

Almost Persuaded: Statutory Protections For Students' Religious Rights Counterpoints, Joshua Dunn

The Journal of Law and Education

No abstract provided.

Supreme Court Decisions Recent Decisions

The Journal of Law and Education

No abstract provided.

Legal Education Reform: Adopting A Medical School Model Chalk Talks

The Journal of Law and Education

No abstract provided.

Book Review

The Journal of Law and Education

No abstract provided.

Primary &(And) Secondary Education Law Review Digests

The Journal of Law and Education

No abstract provided.

From Privacy To Liberty: The Fourth Amendment After Lawrence, Thomas P. Crocker

Faculty Publications

This Article explores a conflict between the protections afforded interpersonal relations in Lawrence v. Texas and the vulnerability experienced under the Fourth Amendment by individuals who share their lives with others. Under the Supreme Court's third-party doctrine, we have no constitutionally protected expectation of privacy in what we reveal to other persons. The effect of this doctrine is to leave many aspects of ordinary life shared in the company of others constitutionally unprotected. In an increasingly socially networked world, the Fourth Amendment may fail to protect precisely those liberties-to live in the company of others free from state surveillance and …

Foreword, E. Erin Robbins

San Diego International Law Journal

The eleventh issue of the San Diego International Law Journal is composed of articles examining the world's reaction to conflict and of ideas throughout the world can bring about major shifts in socio-political thought by challenging the status quo, often resulting in conflict within or among nations. As the world becomes a more interconnected society these international issues become more important within U.S. and International Jurisprudence. The authors within this issue explore the myriad of responses a nation may take when presented with a potential conflict.

A Simple Theory Of Takeover Regulation In The United States And Europe, Guido Ferrarini, Geoffrey P. Miller

Cornell International Law Journal

No abstract provided.

The Paradox Of Commercial Real Estate Debt, Georgette Chapman Phillips

Cornell International Law Journal

No abstract provided.

Death Is Different And A Refugee’S Right To Counsel, John R. Mills, Kristen M. Echemendia, Stephen Yale-Loehr

Cornell International Law Journal

No abstract provided.

Accountability And The Commission On The Limits Of The Continental Shelf: Deciding Who Owns The Ocean Floor, Anna Cavnar

Cornell International Law Journal

No abstract provided.

Sino-Japanese Cooperation In The East China Sea: A Lasting Arrangement, Alexander M. Peterson

Cornell International Law Journal

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 42, Number 1, Fall 2009

Nebraska Transcript

Client Counseling Team Wins National Championship, International Competition

College of Law Career Services Office: Class of 2008 Employment Statistics

Law Library Tales and Tables

Tom Hazen: from Husker to Tar Heel

Lenich receives praise, recognition for ‘nebraska Civil Procedure’ treatise

Shavers, Denicola will hold interim leadership posts until dean is selected

Lubken given 2008 award of appreciation by Nebraska state bar for volunteer work

Gless' 'History of Nebraska Law' combines his occupation, avocation

To Witt, it’s all about relationships

Ron Hunter: Changed Omaha through history

Daughter helps to preserve Perry Fuller legacy

Virtual Crime Scene Reconstruction Laboratory, Demos Athanasopoulos

Cornerstone 3 Reports : Interdisciplinary Informatics

No abstract provided.