Law Commons^™

Local Government Law, Ken E. Jarrard

Mercer Law Review

No abstract provided.

Real Property, Linda S. Finley

Mercer Law Review

This Article looks at notable issues regarding Georgia real property law during the survey period, including legislation enacted by the Georgia General Assembly and case law decided in Georgia courts. The Author is happy to report she no longer feels compelled to begin the Survey by discussing the dire economic conditions of the state of Georgia or, indeed, the United States as a whole. At the time of the writing of this Survey, RealtyTrac, which reports national foreclosure statistics, released its mid-year 2016 foreclosure report showing that foreclosure activity affecting Georgia real property in the month of July 2016 was …

Trial Practice And Procedure, Brandon L. Peak, Tedra C. Hobson, David T. Rohwedder, Robert H. Snyder, Joseph M. Colwell, Christopher B. Mcdaniel, Rory A. Weeks

Mercer Law Review

This Article addresses several significant opinions and legislation of interest to the Georgia civil trial practitioner issued during the Survey period of this publication.

Torts, Phillip Comer Griffeth, Christopher R. Breault, Christopher Barwick Newbern

Mercer Law Review

This Article surveys recent developments in Georgia tort law between June 1, 2015 and May 31, 2016.

When Everything Is Small: The Regulatory Challenge Of Scale In The Sharing Economy, Kellen Zale

San Diego Law Review

The sharing economy—the rapidly evolving sector of peer-to-peer home- sharing and ride-hailing transactions facilitated by platforms like Airbnb and Uber—offers the potential for economic growth, greater sustainability, and expanded access for underserved groups. But the massive number of small-scale activities that these platforms facilitate also causes negative cumulative impacts and exposes regulatory fractures, from the loss of long-term rental housing to discrimination against protected classes to increased burdens on public infrastructure. This Article contends that scale is a defining feature and fundamental challenge of the sharing economy. Small may be beautiful, but when everything is small, the regulatory challenge is …

Minding Ps And Qs: The Political And Policy Questions Framing Health Care Spending, William M. Sage

Faculty Scholarship

Tracing the evolution of political conversations about health care spending and their relationship to the formation of policy is a valuable exercise. Health care spending is about science and ethics, markets and government, freedom and community. By the late 1980s the unique upward trajectory of post-Medicare U.S. health care spending had been established, recessions and tax cuts were eroding federal and state budgets, and efforts to harness market forces to serve policy goals were accelerating. From the initial writings on “managed competition,” through the failed Clinton health reform effort in the early 1990s, to the passage of the Affordable Care …

Legislative Exactions And Progressive Property, Timothy M. Mulvaney

Faculty Scholarship

Exactions — a term used to describe certain conditions that are attached to land-use permits issued at the government’s discretion — ostensibly oblige property owners to internalize the costs of the expected infrastructural, environmental, and social harms resulting from development. This Article explores how proponents of progressive conceptions of property might respond to the open question of whether legislative exactions should be subject to the same level of judicial scrutiny to which administrative exactions are subject in constitutional takings cases. It identifies several first-order reasons to support the idea of immunizing legislative exactions from heightened takings scrutiny. However, it suggests …

Inefficient Efficiency: Crying Over Spilled Water, Vanessa Casado-Pérez

Faculty Scholarship

As the drought in Western states worsens, the agricultural sector is being criticized for failing to adopt technical responses, such as shifting to less water-demanding crops and state-of-the-art irrigation systems, in a timely manner. However, these responses can have the reverse effect: they can increase water consumption. Technological responses alone are insufficient to reduce water consumption if unaccompanied by changes in how the law defines and allocates water rights. This paper proposes a redefinition of water rights to ensure that changes in crops or irrigation techniques are socially efficient.

In the West, which uses the doctrine of prior appropriation to …

Summary Reversals In The Roberts Court, Edward A. Hartnett

Cardozo Law Review

The article examines the use of summary reversals by the Roberts Court, arguing that these decisions—where the Court reverses lower court rulings without full briefing or oral argument—serve important administrative functions and address specific types of errors, despite longstanding criticism. The author identifies patterns in the areas of law and types of errors targeted by these reversals, concluding that the practice persists due to its utility in maintaining judicial hierarchy and efficiency, even as critics question its propriety.

Fallacies In The Current Methods Of Prosecuting International Commercial Bribery, Ira Handa

Cardozo Law Review

The note argues that the current legal framework for prosecuting international commercial bribery is inadequate and inconsistent compared to the robust regime established for international public bribery under the Foreign Corrupt Practices Act (FCPA). It advocates for comprehensive federal legislation specifically addressing international commercial bribery, modeled after the FCPA but tailored to the private sector, to bridge this gap and address the significant harms caused by such bribery.

Diversity, Transparency & Inclusion In Canada’S Judiciary, Samreen Beg, Lorne Sossin

Articles & Book Chapters

The purpose of this paper is to provide a high level overview of some of the issues and stumbling blocks Canada has encountered in building a diverse judiciary. Part 1 of the paper begins by providing a brief overview of the heterogeneous makeup of Canadian society against the homogenous makeup of the judiciary. This will provide a helpful backdrop from which to explore conceptual questions related to the question of why a diverse judiciary matters. Part 2 examines some of the historical questions and milestones in the judiciary related to diversity. Part 3 summarizes the judicial appointments processes and takes …

Turning It Up To Eleven: Belligerent Rhetoric In North Korea's Propaganda, Mason Richey

The US Army War College Quarterly: Parameters

No abstract provided.

Consenting To Computer Use, James Grimmelmann

Cornell Law Faculty Publications

The federal Computer Fraud and Abuse Act (CFAA) makes it a crime to “access a computer without authorization or exceed authorized access.” Courts and commentators have struggled to explain what types of conduct by a computer user are “without authorization.” But this approach is backwards; authorization is not so much a question of what a computer user does, as it is a question of what a computer owner allows.

In other words, authorization under the CFAA is an issue of consent, not conduct; to understand authorization, we need to understand consent. Building on Peter Westen’s taxonomy of consent, I argue …

Moving Towards Harmonization Of The Food Safety Standards: Role Of The Tpp And Ttip Agreements, Ksenia A. Petrovets

Journal of Food Law & Policy

We are now less dependent on locally available food resources that we have ever been. The continuing industrialization of food production, the advancement in technologies and the rapid development of supply chains granted us the luxury of immediate access to a variety of products originating from local supermarkets all over the world. This, along with the greater level of food production industrialization, inevitably comes the rise of related food safety risks. Because of the enlargement of producing operations, an emerging safety threat in one place may result in a foodborne illness outbreak thousands of miles away from its place of …

Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin

Seton Hall Law Review

No abstract provided.

How The United States Uses The Trans-Pacific Partnership To Contain China In International Trade, Daniel C.K. Chow

Chicago Journal of International Law

The Trans-Pacific Partnership (TPP) was signed on February 5, 2016 by its twelve members and is now open for ratification. If ratified, the TPP will be the largest mega free trade area in history and will encompass forty percent of world trade. The U.S. led the TPP negotiations and deliberately excluded China from the negotiations. This ploy by the U.S. was a calculated effort to contain China and to shift power in trade in the Asia-Pacific from China to the U.S. China now appears to face a difficult choice. China can join the already concluded TPP, with its text largely …

Grasping At Origins: Shifting The Conversation In The Historical Study Of Human Rights, Christopher N.J. Roberts

Chicago Journal of International Law

In recent years, scholars from a range of disciplinary orientations have invested considerable time exploring a very basic question: Where did human rights come from? The answers have not been so basic. There exists an extraordinary range of conflicting historical accounts. The hotly debated question of the moment within this field of study centers on figuring out which version of the history is the correct one. However, given the dramatic distance between the historical accounts, it is very unlikely that the matter will be settled in the near future. This Article argues that it is time to shift the focal …

Unilateral Corporate Regulation, William Magnuson

Chicago Journal of International Law

Corporations today wield unprecedented power in politics and society, and they have a tremendous effect on human welfare around the globe. At the same time, they are increasingly difficult to regulate. Corporations are savvy and mobile, and they can relocate to avoid burdensome domestic regulation with surprising ease. The agility of corporations creates a dilemma for government decisionmakers seeking to balance the need to attract the wealth that corporations create with the desire to pursue other policy priorities. One approach that governments have used to address this dilemma is international cooperation, and a growing number of scholars have argued that …

Reforming The Contested Convention: Rethinking The Presidential Nomination Process, Michael T. Morley

Fordham Law Review

The presidential nomination process could be substantially improved through a few minor tweaks that would reduce unnecessary uncertainty, bolster its democratic underpinnings, and improve the connections among its various components. First, certain fundamental rules governing national conventions should be determined well in advance of the presidential nominating process, before any primaries or caucuses are held or delegates selected, and not be subject to change or suspension at the convention itself. Second, parties should enhance the democratic moorings of their national conventions by requiring presidential candidates to win a greater number of presidential preference votes to be placed into nomination. Third, …

Defining “Accidents” In The Air: Why Tort Law Principles Are Essential To Interpret The Montreal Convention’S “Accident” Requirement, Alexa West

Fordham Law Review

This Note examines the history of, and the reasons for, the Montreal Convention, which in part forces airlines to indemnify passengers for injuries resulting from “accidents”—a term undefined in the treaty. The Montreal Convention and the subsequent case law interpreting it demonstrate how, to qualify as an “accident,” the injury-producing incident must be causally connected to the plane’s operation. Importantly, the causal connection’s adequacy should be evaluated according to American tort jurisprudence even though the accident requirement itself is an exception to general tort law. This Note focuses on a particular type of injury-producing event, a copassenger tort, because of …

Is Cyberattack The Next Pearl Harbor?, Lawrence J. Trautman

North Carolina Journal of Law & Technology

No abstract provided.

Oracle V. Google: Setting A Standard Or Handicapping An Industry?, Tyler J. Demaskey

North Carolina Journal of Law & Technology

No abstract provided.

Is This Going To Be On The Test? Reconciling The Four-Way Circuit Split Over Handling Nominative Fair Use, Christian Ferlan

North Carolina Journal of Law & Technology

No abstract provided.

Algorithmic Injustice: How The Wisconsin Supreme Court Failed To Protect Due Process Rights In State V. Loomis, Katherine Freeman

North Carolina Journal of Law & Technology

No abstract provided.

Cashing Out: How Big Pharma Continues To Capitalize On The Antitrust Loophole Created In Ftc V. Actavis, Laura A. Gregory

North Carolina Journal of Law & Technology

No abstract provided.

Trial To Perdition: The Ninth Circuit’S “Emission” Omission Disposition, Jordan Luebekemann

North Carolina Journal of Law & Technology

No abstract provided.

Requiring Mutual Assent In The 21st Century: How To Modify Wrap Contracts To Reflect Consumer’S Reality, Matt Meinel

North Carolina Journal of Law & Technology

No abstract provided.

Are Gray Skies Clearing Up? Shedding Light On Nonprofit Governance In The Wake Of Revamped Irs Form 990, Jordan C. Hilton

North Carolina Law Review

No abstract provided.

In The Child’S Best Interests: Examining International Child Abduction, Adoption, And Asylum, Hannah Loo

Chicago Journal of International Law

In the past few years, the number of cases involving international child abduction has risen significantly. But the primary purpose of the Hague Convention on the Civil Aspects of International Child Abduction is to protect children against wrongful removal or retention by one parent against the will of the other parent. Under the Convention, the relevant courts are charged with determining where the child’s habitual residence is and whether the child should be returned to the left-behind country. However, in making this determination, courts have faced criticism due to the lack of consideration for the child’s best interests, an international …

Special Economic Zones In The United States: From Colonial Charters, To Foreign-Trade Zones, Toward Ussezs, Tom W. Bell

Buffalo Law Review

No abstract provided.