Law Commons^™

The U.S. Dairy Industry In The 20th And 21st Century, George B. Frisvold

Journal of Food Law & Policy

At the beginning of the 20th Century, the U.S. dairy industry was comprised of millions of small-scale operations producing for their own or for very local consumption. By the end of the 20th Century, the industry was dominated by large-scale producers marketing products via large cooperatives. Improvements in transportation, advances in animal breeding and feeding technologies, and scale economies have allowed the industry to be more competitive on global markets, where there is now active international trade in dairy products. Major government programs to support dairy farm income date back to Depression-era problems facing the industry. Federal programs to support …

Front Matter, North Carolina Journal Of Law And Technology

North Carolina Journal of Law & Technology

No abstract provided.

Who, What, Why & How: Reimagining State Constitutional Analysis In School Finance Litigation, William Thro

BYU Education & Law Journal

Despite the Supreme Court’s recognition of the importance of public education, America’s public schools remain ravaged by “savage inequalities”which lead to failure of the public schools.Because every State, except Hawaii, partially finances local public schools through local property taxes and because there are differences in the value of real property, there are vast disparities in available funding for local school districts. While every State Constitution requires the State Legislature to establish a public school system and while the State Legislatures have enacted a variety of statutes in an attempt to meet the state constitutional obligations, virtually every State has seen …

A New Governance Approach To Regulating Human Genome Editing, John M. Conley, Arlene M. Davis, Gail E. Henderson, Eric T. Juengst, Karen M. Meagher, Rebecca L. Walker, Margaret Waltz, Jean Cadigan

North Carolina Journal of Law & Technology

No abstract provided.

Representation For Removal? The Cherokee's Claim To A Congressional Delegate Assessed Under The Canons Of Construction, Patrick A. Wolf

North Carolina Law Review

No abstract provided.

Judges Breaking The Law: An Empirical Study Of Financially Interested Judges Deciding Cases, Benjamin B. Johnson, John Newby Parton

North Carolina Law Review

No abstract provided.

To Cite Or Not To Cite: Is That Still A Question, Deborah L. Heller

Elisabeth Haub School of Law Faculty Publications

Some states still restrict the citation of unpublished opinions, and the rules among the federal circuits vary slightly as well. This article looks at the history of case publication, the controversy over unpublished opinions, and the current rules related to the citation of unpublished cases.

Sane, Manipulative Self-Harm: When Hostage And Hostage Taker Become One, John R. Fitzgerald

West Virginia Law Review

No abstract provided.

National Cybersecurity Innovation, Tabrez Y. Ebrahim

West Virginia Law Review

National cybersecurity plays a crucial role in protecting our critical infrastructure, such as telecommunication networks, the electricity grid, and even financial transactions. Most discussions about promoting national cybersecurity focus on governance structures, international relations, and political science. In contrast, this Article proposes a different agenda and one that promotes the use of innovation mechanisms for technological advancement. By promoting inducements for technological developments, such innovation mechanisms encourage the advancement of national cybersecurity solutions. In exploring possible solutions, this Article asks whether the government or markets can provide national cybersecurity innovation. This inquiry is a fragment of a much larger literature …

Women Leaders And Policy Compliance During A Public Health Crisis, Nichole M. Bauer, Jeong Hyun Kim, Yesola Kweon

Faculty Publications

How does the gender of a political leader affect policy compliance of the public during a public health crisis? State and national leaders have taken a variety of policy measures to combat the COVID-19 pandemic, with varying levels of success. While many female leaders have been credited with containing the spread of COVID-19, often through implementing strict policy measures, there is little understanding of how individuals respond to public health policy recommendations made by female and male leaders. This article investigates whether citizens are more willing to comply with strict policy recommendations about a public health issue when those recommendations …

Alaska, Traci N. Bunkers

Texas A&M Journal of Property Law

The First Regular Session of the thirty-first Alaska Legislature began on January 15, 2019, and ended on May 15, 2019. A First Special Session was held from May 16, 2019, through June 13, 2019, with a Second Special Session following from July 8, 2019, through August 6, 2019. The 2019 legislative session resulted in virtually no oil and gas legislation being passed, as the Alaska Legislature focused primarily on legislation regarding the State budget and the funding of the Permanent Fund Dividend. Despite the uncharacteristic lack of oil and gas legislation, the Legislature addressed the prevalent issue of oil and …

Kansas, Jeff M. Pike

Texas A&M Journal of Property Law

2019 provided no shortage of excitement, as there were more oil and gas opinions issued by the Kansas Supreme Court than in a usual year. These cases will be the main focus of this Survey, as there are no major legislative developments to report for this year. The first case decided whether the common-law rule against perpetuities should be applied to exceptions of defeasible term mineral interests. The second case is “yet another round in [a] high-dollar subsurface prize fight” about who has the right to gas that has escaped from an under- ground natural gas storage facility. The third …

Alabama, Brandt Hill

Texas A&M Journal of Property Law

This case reviewed and conclusively determined the proper venue in which to file appeals from decisions by the Alabama Surface Mining Commission (the “Commission”). The Commission issued a surface-coal-mining permit to Black Warrior Minerals, Inc. (“Black Warrior”), allowing Black Warrior to mine land in northern Jefferson County, Alabama. In response, three. individuals who owned property nearby appealed the permit’s issuance with the Commission’s Department of Hearings and Appeals, and a hearing officer affirmed the issuance. The property owners then petitioned the Commission for review of the officer’s decision, but their petition was never taken up and thus was denied by …

California, Joshua L. Baker

Texas A&M Journal of Property Law

Although California continues to transition away from its historical status as one of the nation’s most important oil and gas-producing states, California is still among the top-ten states in oil production and produces a significant amount of natural gas. California has a long history of oil and gas exploration, production, refinement, and marketing, and as a result, well-established common law principles and statutory and regulatory laws are in place that govern all facets of the industry. The following update summarizes key changes in California oil and gas law for the survey period from January 1, 2019 to October 15, 2019.

December 2020 Magazine

Ergo

No abstract provided.

Investment Bankers As Underwriters—Barbarians Or Gatekeepers? A Response To Brent Horton On Direct Listings, Anat Beck, Robert Rapp, John Livingstone

SMU Law Review Forum

No abstract provided.

Aman Reflects On "Page-Turning" Opportunities Throughout His Indiana Law Tenure, Kenneth L. Turchi, Alfred Aman

Alfred Aman Jr. (1991-2002)

After nearly 50 years of practicing, teaching, and administration, Alfred C. (Fred) Aman, Jr., took emeritus status at the end of the 2019–2020 academic year. Earlier this fall, he visited with ergo editor Ken Turchi to reflect on his distinguished career.

Construction Of A Dispute-Resolution Framework Under The International Judicial System For The Settlement Of The Inter-Korean Conflict Over The Northern Limit Line: Operating The Advisory Proceedings Of The International Court Of Justice, Hyun Jin Kim

Maurer Theses and Dissertations

To construct a dispute-resolution framework for the inter-Korean conflict over the Northern Limit Line (“NLL Conflict”) under the international judicial system, this dissertation proposes an advisory proceeding of the International Court of Justice (“ICJ”) as the most promising alternative. It has proven difficult to draw a negotiated solution to this decades-long conflict, despite each of the respective State parties involved in the NLL Conflict presenting various arguments and claims about the valid legal status of the NLL. In this context, this dissertation examines the ICJ’s contribution to the resolution of international disputes, particularly controversy over the question of laws, through …

Sonograms And Speech: Informed Consent, Professional Speech, And Physicians' First Amendment Rights, Oliana Luke

Washington Law Review

Abortion is an extremely divisive topic that has caused waves of litigation. The right to access abortion has traditionally been challenged based on due process, equal protection, and privacy grounds. However, in a more recent string of cases, physicians have been challenging laws that require the physician to narrate an ultrasound before an abortion as an abridgment of their First Amendment rights. These cases require courts to balance the government’s ability to reasonably regulate a physician through professional licensing with the physician’s First Amendment protections against government-compelled speech. This Comment argues that, to balance these ideals and survive First Amendment …

U.S. War Crimes And Accountability With The International Criminal Court: A Critique, Johanna M. Leffler

Senior Honors Projects

JOHANNA LEFFLER (International Studies, French)

U.S. War Crimes and Accountability with the International Criminal Court: A Critique

Sponsor: Kristin Johnson (Political Science)

Throughout my undergraduate career I have studied a variety of subjects within international affairs. The fall of my 2019-2020 year while studying abroad at The Institute for Political Studies of Rennes, France, was where I studied a particularly thought-provoking subject, Mondialisation et Droit de l’Homme (Globalization and Human Rights). We studied the evolution of international law, the justice institutions which uphold it, and how modern globalization impacts human rights. The subject matter and discussion with my international classmates …

Criminal Procedure: Sentence And Punishment, Allison Kretovic, Insoo Lee

Georgia State University Law Review

The Act repeals certain provisions regarding the sentencing of defendants for crimes involving bias or prejudice and provides both criteria for punishment for those crimes and required reporting of those crimes.

Statewide Judicial Emergency: Judicial Order By The Supreme Court Of Georgia Declaring A Statewide Judicial Emergency, Stephanie J. Remy, Brittiny K. Slicker

Georgia State University Law Review

The Supreme Court of Georgia issued an Order declaring a Statewide Judicial Emergency to reduce the transmission of COVID-19 throughout the State of Georgia. The courts remained open to address essential functions, as defined within the Order. Additionally, all deadlines and other filing requirements were extended or tolled. Throughout the counties in Georgia, different courts released Orders outlining how they would follow the Judicial Emergency Order from the Supreme Court of Georgia. The Judicial Emergency Order had been extended four times as of August 1, 2020.

2020 Bar Examination: Judicial Order By The Supreme Court Of Georgia Providing For Provisional Admission To The Practice Of Law, Jessica M. Luegering, Gabby Wimley

Georgia State University Law Review

The Supreme Court of Georgia issued the Judicial Order to postpone administration of the July 2020 Georgia bar examination to September 2020. The Order provided for the provisional admission to the practice of law of recent law school graduates and lawyers new to Georgia—those most affected by the postponement.

Mandatory Quarantine: Administrative Order By The Georgia Department Of Public Health For Public Health Control Measures: Isolation Protocol, Matthew C. Daigle, Carissa L. Lavin

Georgia State University Law Review

The Administrative Order for Public Health Control Measures and its subsequent amendments outlined the Isolation and Quarantine Protocols for individuals who either tested positive for COVID-19 or were suspected of COVID-19 infection based on symptoms or prolonged exposure to the virus.

Forced Business Closures: Executive Orders By The Governor Closing Private Businesses, Baylee A. Culverhouse, Alexa R. Martin

Georgia State University Law Review

Governor Brian Kemp (R) issued Executive Orders in response to the COVID-19 pandemic that required businesses to close in an effort to limit the spread of the virus. Business owners often challenged those forced business closures as unconstitutional or as exceeding the State’s police power, and those challenges were met with varying degrees of success.

Bioethics: Ethical Considerations Of Ventilator Triage During A Pandemic, Susannah J. Gleason, William J. Keegan

Georgia State University Law Review

In the midst of the COVID-19 pandemic, hospitals across the country faced unprecedented volumes of patients seeking treatment related to the respiratory complications of the virus. As a result, states were forced to reassess existing scarce resource allocation guidelines to appropriately accommodate the high demand. This Peach Sheet analyzes the ethical considerations implicated in enacting and following these guidelines when treating patients, specifically in the context of ventilator triage in response to the COVID-19 pandemic.

First Amendment: Executive Order By The Governor Limiting Large Gatherings Statewide, Alex N. Estroff, Boris W. Gautier

Georgia State University Law Review

Beginning in March 2020, Georgia Governor Brian Kemp (R) issued a series of Executive Orders addressing the State’s response to the COVID-19 pandemic. Included in these Orders was a prohibition on large groups of people gathering in a single location. Though an effective means of curtailing the virus’s rapid transmission, this specific provision became a source of controversy for groups who believed such a prohibition infringed upon their First Amendment rights.

Member Masthead, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Faculty Masthead, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Introduction, Robert F. Brawner Ii, Emily R. Jones

Georgia State University Law Review

No abstract provided.