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Articles 1 - 22 of 22
Full-Text Articles in Law
The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow
The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow
Georgia Journal of International & Comparative Law
Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …
Aliens - Immigration And Naturalization - Seasonal And Daily Commuters Qualify As “Special Immigrants” Who Are Lawfully Admitted For Permanent Residence And Are Returning From A Temporary Visit Abroad, Michael Kendall-Patrick Williams
Aliens - Immigration And Naturalization - Seasonal And Daily Commuters Qualify As “Special Immigrants” Who Are Lawfully Admitted For Permanent Residence And Are Returning From A Temporary Visit Abroad, Michael Kendall-Patrick Williams
Georgia Journal of International & Comparative Law
No abstract provided.
Admiralty - Shipowners’ Limited Liability Act - A Shipowner Cannot Invoke The Act To Limit His Liability For Wreck Removal Expenses Since A Statutory Duty To Remove A Sunken Vessel Prevents Him From Being “Without Privity Or Knowledge,” A Condition Precedent To The Invocation Of The Act, Thomas C. Holcomb
Georgia Journal of International & Comparative Law
No abstract provided.
Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers, Kathy D. Izell
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt
Georgia Journal of International & Comparative Law
No abstract provided.
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Georgia Journal of International & Comparative Law
No abstract provided.
United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton
United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton
Georgia Journal of International & Comparative Law
No abstract provided.
Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall
Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall
Georgia Journal of International & Comparative Law
No abstract provided.
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
“Criminal Records” - A Comparative Approach, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Recent Decision: Constitutional Law - Restriction Of American Citizens’ Right Of Access To Information And Ideas In The Court Of Government Control Of Immigration Is Not Unconstitutional When Supported By A Facially Legitimate Reason, W. P. Bishop, Joseph C. Vanzant
Recent Decision: Constitutional Law - Restriction Of American Citizens’ Right Of Access To Information And Ideas In The Court Of Government Control Of Immigration Is Not Unconstitutional When Supported By A Facially Legitimate Reason, W. P. Bishop, Joseph C. Vanzant
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Oscar Schachter
The Place Of Policy In International Law, Oscar Schachter
Georgia Journal of International & Comparative Law
No abstract provided.
The Top Five Supreme Court Nomination Myths, Paul M. Collins Jr., Lori A. Ringhand
The Top Five Supreme Court Nomination Myths, Paul M. Collins Jr., Lori A. Ringhand
Popular Media
No abstract provided.
Beauty Fades: An Experimental Study Of Federal Court Design Patent Aesthetics, Dr. Andrew W. Torrance
Beauty Fades: An Experimental Study Of Federal Court Design Patent Aesthetics, Dr. Andrew W. Torrance
Journal of Intellectual Property Law
No abstract provided.
What Two Legal Scholars Learned From Studying 70 Years Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins
What Two Legal Scholars Learned From Studying 70 Years Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins
Popular Media
This article in The Conversation on March 21, 2016 and moves beyond the conventional wisdom espoused by Biden, Kagan and others, and presents a strong case for an alternative view of the hearings. Examining every statement made at confirmation hearings from 1939 to 2010, we conclude the hearings are important to the health of American democracy. Based on this, we’d like to see partisan politics pushed aside and Judge Merrick Garland to get a hearing.
Legal Scholarship Spotlight: The Evolution Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins
Legal Scholarship Spotlight: The Evolution Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins
Popular Media
This article appearing at the SCOTUSblog on March 25, 2016, discusses the role of the Senate Judiciary Committee plays in the nomination of Supreme Court Justices.
Talking Textualism, Practicing Pragmatism: Rethinking The Supreme Court's Approach To Statutory Interpretation, Robert J. Pushaw Jr.
Talking Textualism, Practicing Pragmatism: Rethinking The Supreme Court's Approach To Statutory Interpretation, Robert J. Pushaw Jr.
Georgia Law Review
The Supreme Court's general approach to statutory
interpretation is analytically incoherent. On the one
hand, the Court has expressly endorsed "textualism":
enforcing the plain meaning (i.e., ordinary usage) of a
statute's words, and therefore refusing to consider non-
textual evidence unless the language is unclear. On the
other hand, the Court has implicitly applied
'oragmatism"-reaching the best practical result after
examining not only a statute's text but also Congress's
intent (as revealed by legislative history), its overall
purposes, precedent, and policy.
The two cases upholding the Affordable Care Act (ACA)
illustrate this practice of purporting to follow textualism,
but then …
Let My People Grow: Putting A Number On Strict Scrutiny In The Wake Of Holt V. Hobbs, Dana A. Schwartzenfeld
Let My People Grow: Putting A Number On Strict Scrutiny In The Wake Of Holt V. Hobbs, Dana A. Schwartzenfeld
Georgia Law Review
Beards have always played an important role in human
society, especially in the religious context. One man's
beard even got him in front of the United States Supreme
Court. In Holt v. Hobbs, the Court decided that a prisoner
had a constitutional right to grow a one-half-inch beard
for religious purposes. In making the decision, the Court
made clear that the prisoner's religious interest far
outweighed any security threat that such a short beard
could pose to the prison. The Court declined to go any
further, however, in clarifying the beard length at which
the scales would begin to tip …
From Ripe To Rotten: An Examination Of The Continued Utility Of The Ripeness Doctrine In Light Of The Modern Standing Doctrine, Michael A. Delgaudio
From Ripe To Rotten: An Examination Of The Continued Utility Of The Ripeness Doctrine In Light Of The Modern Standing Doctrine, Michael A. Delgaudio
Georgia Law Review
First year law students are generally taught that the justiciability doctrines of standing and ripeness perform distinct functions that work together to help courts determine whether an Article III "case or controversy" exists in particular suits. The standing doctrine, it is said, assists courts in this inquiry by determining who can bring suit, whereas the ripeness doctrine assists them by determining when someone can bring suit. This theoretical distinction in the doctrines' functions is based on the original forms the standing and ripeness doctrines took. Over the course of the past century, however, the Supreme Court has altered the standing …
Miscarriage Of Justice: The Cognizability Of § 2255 Claims For Erroneous Career Offender Sentences, Matthew B. Rosenthal
Miscarriage Of Justice: The Cognizability Of § 2255 Claims For Erroneous Career Offender Sentences, Matthew B. Rosenthal
Georgia Law Review
Career offender sentencing enhancements present difficult questions for courts. One of the most difficult of these questions is deciding what crimes warrant the application of these serious enhancements. Federal courts sentencing defendants often must decide, with little guidance, what offenses constitute a "crime of violent" or "violent felony." On a few occasions, the Supreme Court has stepped in and told lower courts that certain crimes do not fit within these categories, and that their interpretation of the career offender enhancement is incorrect. Often, the recognition of this misapplication of the enhancements occurs years after an individual defendant has been convicted, …
The Institutionalization Of Supreme Court Confirmation Hearings, Paul M. Collins Jr., Lori A. Ringhand
The Institutionalization Of Supreme Court Confirmation Hearings, Paul M. Collins Jr., Lori A. Ringhand
Scholarly Works
This article uses an original database of confirmation hearing dialogue to examine how the Senate Judiciary Committee’s role in Supreme Court confirmations has changed over time, with particular attention paid to the 1939–2010 era. During this period, several notable developments took place, including a rise in the number of hearing comments, increased attention to nominees’ views of judicial decisions, an expansion of the scope of issues addressed, and the equalization of questioning between majority and minority party senators. We demonstrate that these changes were shaped by both endogenous and exogenous factors to promote the legitimization of the Judiciary Committee’s role …