Law Commons^™

Limiting Anticompetitive Government Interventions That Benefit Special Interests, D. Daniel Sokol

UF Law Faculty Publications

When government regulates, it may either intentionally or unintentionally generate restraints that reduce competition ("public restraints"). Public restraints allow a business to cloak its action in government authority and to immunize it from antitrust regulation. Private businesses may misuse the government's grant of antitrust immunity to facilitate behavior that benefits businesses at consumers' expense. One way is by obtaining government grants of immunity from antitrust scrutiny. A recent series of Supreme Court decisions has made this situation worse by limiting the reach of antitrust law in favor of sector regulation. This is true even though the Supreme Court refers to …

Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché

UF Law Faculty Publications

In 2005, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (the Protocol) came into force. Since that time, the Protocol has received scant attention in legal scholarship. Where the Protocol has been mentioned, by and large it has received praise as a major step forward for women's rights on the continent. Much of that praise is merited. The Protocol includes broad rights to non-discrimination, equality, and dignity, and it addresses a variety of areas such as labor and employment, marriage and the family, the legal system, the political process and …

A Sociological Approach To Misappropriation, Elizabeth A. Rowe

UF Law Faculty Publications

This Article breaks new ground by applying sociological analysis to trade secret law. It uses a group which constitutes the largest segment of the workforce, namely, those labeled Generation X and Generation Y (collectively referred to and coined in the Article as "New Generation Employees") as a case study for analyzing how values and social norms influence compliance with trade secret laws.

By drawing on the sociological literature, the Article is the first to apply theories about employee theft to trade secret misappropriation. It integrates the values of New Generation Employees with principles of equity theory, work climate theory, and …

The Epistemic Status Of The Human Sciences: Critical Reflections On Foucault, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

John Marshall: Definer Of A Nation, Denise R. Johnson

The Journal of Appellate Practice and Process

No abstract provided.

The Merchant Of Venice, Act Iv, Scene 1, Rebecca White Berch

The Journal of Appellate Practice and Process

No abstract provided.

Employment Law - Antidiscrimination - Heading Toward Federal Protection For Sexual Orientation Discrimination?, Matthew Barker

University of Arkansas at Little Rock Law Review

No abstract provided.

A Look Backwards: An Open Letter To The Arkansas Bar, Phillip Carroll

University of Arkansas at Little Rock Law Review

No abstract provided.

Justice Frankfurter, Books, And The Law, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

The Elements Of Legal Style, Mark P. Painter

The Journal of Appellate Practice and Process

No abstract provided.

How To Interpret Statutes - Or Not: Plain Meaning And Other Phantoms, Steven Wisotsky

The Journal of Appellate Practice and Process

No abstract provided.

Recent Supreme Court Patent Decisions: The Trend To Limit The Power Of Patent Holders, Peter O. Huang

The Journal of Appellate Practice and Process

No abstract provided.

Suggestions For American Judges: Ten Books That Merit Reading, Robert C. Berring

The Journal of Appellate Practice and Process

No abstract provided.

The Ways Of A Judge And On Appeal, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.

Narratives Drawn From Rich Experience: Mayer Brown's Federal Appellate Practice, Patrick E. Higginbotham

The Journal of Appellate Practice and Process

No abstract provided.

Judicial Declaration Of Public Policy, Ruggero J. Aldisert

The Journal of Appellate Practice and Process

No abstract provided.

Arkansas's Tradition Of Popular Constitutional Activism And The Ascendancy Of The Arkansas Supreme Court, Jerald A. Sharum

University of Arkansas at Little Rock Law Review

No abstract provided.

The Death Of Law: A Cinematic Vision, Lance Mcmillian

University of Arkansas at Little Rock Law Review

No abstract provided.

An Empirical Analysis Of Reversal Rates In The Eighth Circuit During 2008, Robert E. Steinbuch

Law Faculty Scholarship

No abstract provided.

Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis Of Physician Non-Compete Clauses, Robert E. Steinbuch

Law Faculty Scholarship

No abstract provided.

Employment Law - Antidiscrimination - Unpaid And Unprotected: Protecting Our Nation's Volunteers Through Title Vii, Tara Kpere Daibo

University of Arkansas at Little Rock Law Review

No abstract provided.

Table Of Contents - Cardozo Public Law, Policy And Ethics Journal, Vol. 8, Iss. 1

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Masthead - Cardozo Public Law, Policy And Ethics Journal, Vol. 8 (2009-10)

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Equality, Entitlement, And Efficiency: Dworkin, Nozick, Posner, And Implications For Legal Theory, Stephen O'Hanlon

Cardozo Public Law, Policy & Ethics Journal

The article critically examines the legal theories of Ronald Dworkin, Robert Nozick, and Richard A. Posner, analyzing their respective approaches to values such as integrity, equality, libertarianism, and efficiency. It concludes that while each theory offers valuable insights, they also have significant limitations. Dworkin's emphasis on equality of resources is challenged for potential overreach, Nozick's libertarianism is critiqued for its impracticalities, and Posner's wealth maximization is faulted for neglecting moral and social considerations. The article advocates for a pluralistic and pragmatic legal theory that integrates rights, coercion, and efficiency, acknowledging the need for further interdisciplinary development.

Education Elementary And Secondary Education: Amend Chapter 2 Of Title 20 Of The Official Code Of Georgia Annotated, Relating To Elementary And Secondary Education, So As To Provide The Option For Parents To Enroll Their Child In Another School Within The Local School System Or In A School In Another Local School System; Provide For Definitions; Provide For Statutory Constructions; Provide For Related Matters; Provide For An Effective Date And Applicability; Repeal Conflicting Laws; And For Other Purposes., Ellen Cusimano, Laurice Rutledge

Georgia State University Law Review

Beginning with the 2009–2010 school year this Act allows parents of students enrolled in public elementary or secondary school in the state to enroll their child in a public school in their school district other than the one the child has been assigned by the local board of education. Starting with the 2010–2011 school year, parents may request a transfer for their child to attend a public school outside of the student’s resident school district. In both circumstances parents are responsible for the cost of transportation of their child to and from the school.

Domestic Relations Adoption: Amend Chapter 8 Of Title 19 Of The Official Code Of Georgia Annotated, Relating To Adoption, So As To Enact The “Option Of Adoption Act”; Provide A Short Title; Define Certain Terms; Provide That A Legal Embryo Custodian May Relinquish Rights To An Embryo; Provide For Procedures; Provide That A Child Born As A Result Of Such Relinquished Embryo Shall Be The Legal Child Of The Recipient; Provide For An Expedited Order Of Parentage; Amend The Official Code Of Georgia Annotated So As To Conform Provisions And Correct Cross-References; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Jeff Kuntz, Chittam Thakore, Chiaman Wang

Georgia State University Law Review

The Act permits legal custodians of a human embryo to transfer their rights in the embryo to an intended parent before the transfer of that embryo. To effectuate the transfer of rights in the embryo and any resulting child, the Act requires that the legal custodians and the intended parent enter into a written contract before the embryo is transferred. When such a written contract is in place, the Act provides that a child resulting from the embryo transfer will be presumed to be the child of the intended parent and that parent may petition for an expedited order of …

Motor Vehicles And Traffic Drivers’ Licenses: Amend Chapter 5 Of Title 40 Of The Official Code Of Georgia Annotated, Relating To Drivers’ Licenses, So As To Provide That Examinations For Drivers’ Licenses Shall Be Administered Only In The English Language; Provide For An Exception; Provide For Usage Of Licensed Defensive Driving Courses In Pretrial Diversion Programs; Provide That Certificates Of Completion From Unlicensed Courses Shall Not Be Recognized; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Kevin Morris, Christina Rupp

Georgia State University Law Review

The Bill requires that driver’s license exams be taken only in the English language. An exception is provided for temporary drivers’ licenses, which may be taken in a language other than English. The Bill also requires that defensive driving classes assigned as part of pretrial diversion programs be licensed by the state.

Highways, Bridges, And Ferries Department Of Transportation: Amend Title 32 Relating To Highways, Bridges, And Ferries, So As To Provide For A Division And A Director Of Planning; Provide For The Development Of Transportation Plans For The State; Specify Certain Duties For The Commissioner Of Transportation; Specify Certain Duties For The State Transportation Board; Provide For An Organizational Structure Within The Department; Provide A Timetable For Completion And Reporting Of Transportation Plans; Provide For Investment Policies To Guide Transportation Planning; Provide For The Appointment Of The Director Of Planning; Provide For Identifying And Constructing Projects With Private Investment; Provide For Priority Of Expenditures; Provide For The Development Of Allocation Formulas For Available Funding; Amend Article 2 Of Chapter 32 Of Title 50, Relating To The Jurisdiction Of The Georgia Regional Transportation Authority, So As To Remove A Planning Function Of The Authority; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Kris Alderman, Erin Elwood, Crystal D. Filberto, Nicholas Lacis

Georgia State University Law Review

The Department of Transportation will consist of the State Transportation Board, which includes a new position, the Director of Planning. The Director of Planning will supervise the new Planning Division, which will have responsibility for developing statewide improvement programs and making strategic planning decisions. The Governor will appoint the Director, subject to approval. The Director will be required to prepare and submit a report for comments and suggestions by the House and Senate Transportation Committees and the Governor. The Director will deliver a final version of the report to the Governor, Lt. Governor, Speaker of the House, and House and …

Crimes And Offenses Crimes And Offenses: To Change And Enact Provisions Of Law Relating To Classification Of Sexual Offenders, Sexual Offender Registration, And Restrictions On Sexual Offenders’ Residences, Workplaces, And Activities; To Amend Article 35 Of Chapter 6 Of Title 5 Of The Official Code Of Georgia Annotated, Relating To Appeals Requiring An Application For Appeal, So As To Make Such Code Section Applicable To Appeals From Decisions Of Superior Courts Reviewing A Decision Of The Sexual Offender Registration Review Board; To Amend Article 1 Of Chapter 10 Of Title 17 Of The Official Code Of Georgia Annotated, Relating To Procedures For Sentencing In Criminal Cases, So As To Provide That, With Respect To Sexual Offenses Committed After A Certain Date In This State, Classification Shall Be By The Sentencing Court Rather Than The Sexual Offender Registration Review Board; To Amend Article 2 Of Chapter 1 Of Title 42 Of The Official Code Of Georgia Annotated, Relating To Classification And Registration Of Sexual Offenders And Regulation Of The Conduct Of Such Offenders, So As To Revise Provisions Relating To Registration Of Sexual Offenders; To Change Certain Definitions; To Require The Department Of Corrections To Forward Certain Information To Sheriffs; To Provide For Registration And Reporting By Sexual Offenders Who Do Not Have A Residence Address; To Provide For Taking Of Palm Prints And Dna Samples In Certain Cases; To Change Certain Provisions Relative To Relief From Registration; To Change Provisions Relating To Residence, Workplace, And Volunteering Restrictions; To Change Provisions Relating To The Time Frame A Sheriff Has To Update Certain Information; To Remove Annual Registration Fees; To Change Registration Criteria For Persons Moving To This State; To Change Certain Penalty Provisions; To Change Restrictions On Volunteer And Religious Activities; To Revise Provisions Relative To Classification Of Sex Offenders; To Revise Certain Definitions; To Change Provisions Relative To The Process Of Classification By The Sexual Offender Registration Review Board And Review Of Such Classifications; To Provide For Procedure And Review; To Provide A Mechanism For Certain Elderly And Disabled Sexual Offenders To Petition The Superior Court To Be Released From Certain Residency Requirements; To Provide For Other Related Matters; To Provide For An Effective Date; To Repeal Conflicting Laws; And For Other Purposes., Meredith H. Carr, Hillary Rightler

Georgia State University Law Review

The purpose of this bill would have been to revise Georgia sex offender laws to promote the isolation of dangerous sexual predators from the public and ensure that they are adequately monitored in a manner that is constitutional. The key focus of the bill would have been to ensure the law properly directs resources towards protecting society from the sexual offenders who pose the greatest threat to others by truly isolating the dangerous sexual predator. The bill sought to narrow some of the previous statutory reporting requirements for sexual offenders that were implemented in 2008, after the Georgia legislature passed …

Crimes And Offenses, Criminal Procedure Crimes Against The Person, Sentence And Punishment: Amend Section 1 Of Article 1 Of Chapter 5 Of Title 16, And Chapter 10 Of Title 17 Of The Official Code Of Georgia Annotated, Relating To Murder And Felony Murder And Sentencing And Punishment, Respectively, So As To Provide For The Imposition Of Life Without Parole Of Persons Convicted Of Murder Independently Of A Death Penalty Prosecution; Provide That The Sentence Of Life Without Parole May Be Imposed Without The Necessity Of The Trier Of Facts Making A Recommendation Of Such Sentence Or Finding Statutory Aggravating Circumstances; Change Certain Provisions Relating To Punishment For Serious Violent Offenders; Repeal Certain Provisions Relating To Imprisonment For Life Without Parole And Finding Statutory Aggravating Circumstances; Provide For Certain Information To Be Reported To The Court Under Certain Circumstances; Repeal Provisions Relating To Duties Of The Judge And Certain Jury Instructions; Repeal Provisions Relating To Sentencing Of Person Subject To Death Penalty Or Life Without Parole Upon A Plea Of Guilty And The Duties Of The Judge; Provide For Related Matters; Provide An Effective Date; Provide For Applicability; Repeal Conflicting Laws; And For Other Purposes., Don Brown, Dmitri Epstein

Georgia State University Law Review

The Act provides for the imposition of life without parole for persons convicted of murder independent of a death penalty prosecution. The Act provides that the sentence of life without parole may be imposed without the necessity of the trier of fact making a recommendation of such sentence or finding statutory aggravating circumstances. The Act provides jury instructions as to the definitions of “life imprisonment” and “life without parole.” The Act amends existing law relating to prehearing sentences in felony cases. The Act repeals all conflicting laws.