Law Commons^™

A Disruptive Ripple In The Sec's Regulation Of Crypto Assets, Jacob G. Stanley

North Carolina Banking Institute

No abstract provided.

Inside Front Cover Page

Georgia State University Law Review

No abstract provided.

First Inside Page

Georgia State University Law Review

No abstract provided.

Member Masthead

Georgia State University Law Review

No abstract provided.

Judging The Judiciary, Amanda B. Hurst

Georgia State University Law Review

Judicial legitimacy not only depends on judges maintaining the high ethical standards imposed on them but also on the public believing judges will be held accountable when they break the rules. However, judges are often viewed as “getting away with it.” This Article focuses on how to improve this problematic perception of state judicial discipline systems (JDSs). Part of the answer is more exposure, including a social media presence, for judicial discipline commissions (JDCs), the bodies in each state responsible for resolving misconduct complaints and recommending or imposing sanctions, because the public and media have a similar flawed understanding of …

Cover Page

Georgia State University Law Review

No abstract provided.

Faculty Masthead

Georgia State University Law Review

No abstract provided.

Social Ecology, Preventive Intervention, And The Administrative Transformation Of The Criminal Legal System, Mark R. Fondacaro

Georgia State University Law Review

This Article outlines an administrative model of criminal justice that provides a conceptual framework and empirical justification for transforming our criminal legal system from a backward-looking, adjudicative model grounded in principles of retribution toward a forward-looking model grounded in consequentialist principles of justice aimed at crime prevention and recidivism reduction. The Article reviews the historical roots and justifications for our current system, along with recent advances in the behavioral, social, and biological sciences that inform why and how the system fuels injustice. The concept of social ecology is introduced as an organizing framework for: (1) understanding why individuals do or …

Arrests: Legal And Illegal, Daniel Yeager

Georgia State University Law Review

The Fourth Amendment prohibits unreasonable searches and seizures. An arrest—manifesting a police intention to transport a suspect to the stationhouse for booking, fingerprinting, and photographing—is a mode of seizure. Because arrests are so intrusive, they require roughly a fifty percent chance that an arrestable offense has occurred. Because nonarrest seizures (aka Terry stops), though no “petty indignity,” are less intrusive than arrests, they require roughly just a twenty-five percent chance that crime is afoot.

Any arrest not supported by probable cause is illegal. It would therefore seem to follow that any arrest supported by probable cause is legal. But it …

Reducing Harm: The Legal Viability Of Supervised Consumption Sites In Georgia, Kathleen Kassa

Georgia State University Law Review

Every five minutes in the United States, someone dies from a drug overdose. This public health crisis, referred to as the opioid epidemic, caused the federal government and many states and localities to issue public health emergency declarations. Despite billions of dollars in funding and response at every level of government, overdoses continue to increase.

The complexity of addiction prevention and treatment, socioeconomic inequalities, and the stigmatization of drug use make the opioid crisis difficult to solve. The severity of the epidemic led many jurisdictions to adopt once-controversial harm reduction approaches aimed at reducing the stigma and negative impacts of …

Misrepresentations In Labor Trafficking: State Laws As An Alternative Theory Of Liability For Recruiters, Hannah Garvin

Georgia State University Law Review

When addressing labor trafficking of migrants, the focus is typically on prosecuting the traffickers directly involved in obtaining a victim’s labor, but traffickers cannot exploit labor without victims. Research has shown that recruiters, both those intending to provide labor traffickers with victims and those who have no knowledge of the subsequent exploitation perpetrated by the supposed employer, often misrepresent job opportunities to migrants. Both types of recruiters profit off of the exploitation of migrants and ultimately continue to propagate labor trafficking. To effectively deter trafficker-recruiters and ensure independent recruiters are acting ethically, an all-encompassing method of accountability needs to be …

Police Chases And Pit Maneuvers: Examining The Role Of Officer Conduct In Pursuit-Related Felony Murder Convictions, Margaret L. R. Dubose

Georgia State University Law Review

The United States Supreme Court has described a police officer's decision to terminate a high-speed car chase by making physical contact with the fleeing vehicle as a "choice between two evils." Indeed, while many speed-related deaths occur on Georgia's roadways without the involvement of law enforcement, deaths also transpire when officers choose to make such contact through Precision Intervention Technique (PIT) maneuvers.

In 2015, a Georgia jury found a driver guilty of committing felony murder—a conviction which carries with it a life sentence. The victim, a passenger in the driver's speeding car, died after a law enforcement officer performed a …

Introduction: Accountability And The Future Of The Supreme Court, Theo Liebmann

Hofstra Law Review

No abstract provided.

The Role Of Congress In Enforcing Supreme Court Ethics, Jennifer Ahearn, Michael Milov-Cordova

Hofstra Law Review

The article focuses on the constitutional authority of Congress to regulate the ethical conduct of Supreme Court Justices. It explores historical precedents, constitutional limitations, and proposed mechanisms for enforcement, emphasizing the importance of transparency and public trust in maintaining the integrity of the judiciary.

Repeal, Replace And Expose: A Case Study And Call For Public Records Transparency With Police Records In New York, Roy S. Gutterman

Hofstra Law Review

The article focuses on the importance of transparency in police misconduct records, particularly in the wake of New York's repeal of Civil Rights Law section 50-a, which previously shielded these records from public scrutiny. It examines the legislative and judicial efforts to unlock these records, the challenges posed by municipal and police union resistance, and underscores the crucial role of the media in promoting public awareness and accountability in policing.

Mom's Social Media Account Featuring Her Kids: New York's Amended Coogan Act Exemplifies The Method To Regulate Parental Exploitation, Maggioni C. Casseus

Hofstra Law Review

The article focuses on the need for legislative updates to protect child social media influencers from financial exploitation by their parents, using New York's amended Coogan Act as a model. It highlights the inadequacies of current laws that fail to cover the unique circumstances of social media child stars and advocates for amendments that would ensure parents are held accountable and children's earnings are safeguarded.

Missing The Mark: How Miranda Fails To Consider A Minor's Mind, Julia Feron

Hofstra Law Review

The article focuses on the inadequacies of the Miranda rights protections for minors during custodial interrogations. It highlights how current practices, such as deceptive interrogation techniques, disproportionately affect minors who often lack the capacity to fully understand or voluntarily waive their rights. It underscores the need for legal reforms, such as mandating attorney consultation for minors before waiving their rights.

The Unknown Drug Dealers In The Nhl: Nhl Players, Drug Addiction, And The Need For Regulation Of Prescriptive Drug Use In The Nhl, Keith O'Brien

Hofstra Law Review

The article examines the pervasive issue of painkiller addiction among NHL (National Hockey League) players, which is exacerbated by a league culture that valorizes playing through injuries. It highlights the shortcomings of the current Collective Bargaining Agreement (CBA) in managing and regulating prescription drug use, alongside the inadequate oversight and accountability from the NHL and regulatory bodies like OSHA (Occupational Safety & Health Administration).

Building Resilience By Removing Barriers: Addressing Structural Impediments To Advocacy By Nonprofit Organizations On Behalf Of The Unenfranchised, Kirsten Widner, Heather Kolinsky

UF Law Faculty Publications

Charitable contributions, particularly from private foundations, are an essential source of support for many nonprofit charitable organizations. However, the ability to accept these contributions comes with significant restrictions on lobbying and advocacy. Using vulnerability theory and an original survey of nonprofit advocacy organizations, we show that current restrictions on 501(c)(3) organizations disproportionally limit advocacy on behalf of the most politically disadvantaged groups—those without the right to vote. This, in turn, reinforces existing inequalities in whose voices are heard and whose interests are considered by policymakers. This Article argues that reforming the laws that structure what organizations can take tax-deductible charitable …

Salvaging Federal Domestic Violence Gun Regulations In Bruen’S Wake, Bonnie Carlson

Washington Law Review

Congress passed two life-saving laws in the mid-1990s: a protection order prohibition, which bars firearm possession for protection order respondents, and the Lautenberg Amendment, which bars firearm possession for those convicted of misdemeanor crimes of domestic violence. Both laws have been repeatedly upheld by federal courts nationwide in the nearly thirty years since their enactment. Both faced renewed constitutional challenges after the United States Supreme Court’s foundation-shifting decision in New York State Rifle & Pistol Ass’n v. Bruen on June 23, 2022. The Lautenberg Amendment has fared well; every court to consider it post-Bruen has upheld it. Courts have …

Avoiding Rejection: Studying When And Why State Courts Decline Certified Questions, Rachel Koehn Breland

Fordham Law Review

In December 2018, the U.S. Court of Appeals for the Sixth Circuit declared Tennessee’s punitive damages cap statute unconstitutional under the state’s constitution. Nearly five years later, however, Tennessee state courts are still reducing punitive damage awards under the statute—and they must, because the Tennessee Supreme Court has never addressed the statute’s constitutionality. See, the Sixth Circuit’s decision was merely an Erie guess as to how Tennessee courts would resolve the unsettled state law issue, and the Tennessee Supreme Court has since indicated that it would reach the opposite conclusion. But the Tennessee high court had already had an opportunity …

Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso

Law Faculty Scholarship

Case at a Glance: The Department of Defense (DOD) furloughed employee Stuart R. Harrow in 2013. Harrow timely challenged DOD’s decision before an administrative judge, who affirmed it. Harrow timely appealed the judge’s decision to the Merit System Protection Board (MSPB or “Board”), which could not act on the appeal for over five years because it lacked a quorum. On May 11, 2022, the MSPB issued a final order, affirming the judge’s decision. However, Harrow did not learn of the decision until August 30. Harrow promptly filed a petition to review the Board’s order with the Federal Circuit, which denied …

Arbitration's Unraveling, Myriam E. Gilles

Articles

It has been over a decade since the Supreme Court declared that the Federal Arbitration Act preempts state-law policies that stand as an obstacle to enforcement of the class-banning arbitration clauses that companies tuck into standard-form contracts. In that time, plaintiffs’ lawyers have tried challenging class action–banning arbitration provisions on myriad legal grounds, as well as pressing for federal and state legislation to undo the Court’s ruling in AT&T Mobility LLC v. Concepcion. Neither strategy has borne much fruit—until now. In the past few years, congressional action has exempted specific categories of cases from mandatory arbitration, suggesting that an area-by-area …

Dirty Secret: The Laundering Of Foreign Arbitral Awards, Charles H. Brower Ii

UC Law Journal

This Article addresses an undertheorized but important topic: the laundering of foreign arbitral awards. Prevailing parties in foreign arbitrations often obtain judgments confirming their awards at the place of arbitration. Fifty years ago, the Second Circuit established the so-called “parallel entitlements” doctrine, pursuant to which prevailing parties can seek enforcement of the foreign award under federal law, or enforcement of the foreign confirmation judgment under state law, or both.

If an award faces obstacles to enforcement under the New York Convention or the Federal Arbitration Act, the prevailing party can still obtain enforcement of the confirmation judgment under the legal …

The Case For Downsizing The Corporate Attorney-Client Privilege, Elise Bernlohr Maizel

UC Law Journal

Privilege is a choice. In crafting evidentiary privileges, courts and policymakers have fashioned a rule that concedes that some things are more important than getting to the truth. Indeed, our entire law of privilege stems from the fact that society deems certain relationships important enough to protect their communications even from the truth-seeking process of litigation. The attorney-client relationship is a paradigmatic example. But something has gone seriously wrong with the law’s attempts to transplant protections for an intimate, confessional space for communications between an individual and their attorney onto “artificial creatures of the law”: the modern corporation.

Today’s corporate …

Born To Equality: Minor Children, Equal Protection, And State Laws Targeting Lgbtq+ Youth, Nicholas Serafin

UC Law Journal

States throughout the country are targeting LGBTQ+ youth, singling out transgender youth in particular. Part I of this Article provides an overview of laws targeting LGBTQ+ youth, and argues that many of these laws express animus towards and impose a stigma upon LGBTQ+ minor children. Though they are distinct doctrines, the Court has interwoven animus and stigma- based arguments throughout its gay rights jurisprudence to protect LGBTQ+ individuals from state action that imposes dignitary harm. Laws targeting LGBTQ+ youth often evince the same irrational hostility and stigmatizing purpose that the Court rejected decades ago.

Historically the Court’s LGBTQ+ jurisprudence has …

School Pronouns And The Compelled-Speech Objection, Phillip Seaver-Hall

Mercer Law Review

America’s transgender youth are entrenched in a nationwide mental health crisis. A majority of transgender teenage boys have attempted suicide at least once, and roughly a third of transgender teenage girls have done the same. To mitigate this national emergency, many public school districts have begun requiring their teachers to use transgender students’ preferred names and pronouns. Many conservatives, however, insist that such rules violate the First Amendment’s prohibition of compelled speech.

This article thoroughly dissects that argument and exposes its flaws. It examines the compelled‑speech objection through the lens of the government speech doctrine, weighs countervailing academic‑freedom concerns, proposes …

Momentum: Experiential And Public Service Learning At Mercer Law School At The 150th Anniversary And Beyond, Sarah Gerwig

Mercer Law Review

In this, the 150th year since Mercer University opened the doors of its fledgling law school, it is good to reflect. We reflect on who we are, where we came from, where we want to be in 2173, if law school and the law and humankind still exist 150 years from now.

Law school faculty and administration often describe our students’ ethic of public service; 1Ls (as we call them with affection) often arrive eager for opportunities to help others—and help they do. Almost every student-led organization spearheads generous annual volunteer projects, including coordinating backpack donation drives, providing holiday presents …

Pick Your Poison: Opioids Following The Trends Set By Alcohol And Tobacco Litigation, Luckshume Ketheeswaran

Mercer Law Review

Parents, children, and siblings of opioid abusers argued that three large-scale, drug distributors improperly supplied opioids to pharmacies, leading to “abuse of the drugs and the fallout that abuse brought with it.”3 Further, they argued that profit-driven distributors willingly and recklessly “flooded” the city of Brunswick and Glynn County with opioids. Even so, the jury found against the plaintiffs; though potentially sympathetic to the lives ruined by opioids, the jury remained unconvinced that all liability fell on the distributors.

On March 1, 2023, the jury found for the three, large‑scale drug distributors, finding the defendants neither liable under Georgia’s Drug …

To Heck And Back: The Eleventh Circuit Clarifies How Pro Se Litigants Can Avoid Incognizable Excessive Force Claims In Hall V. Merola, Cameron Obioha

Mercer Law Review

At the very beginning of the opinion, the United States Court of Appeals for the Eleventh Circuit expressed that this was “one Heck of an appeal.” Patrick Valencia, Wendall Hall’s appointed lawyer on appeal, seemed to think so, too. Hall represented himself pro sefor years while incarcerated in Florida’s state prison system, and knew his case “backwards, forwards, sideways, upwards, downwards, in the dark.” Nonetheless, after he filed the initial briefs for his own appeal, the Eleventh Circuit determined it best for Hall to take second chair. When asked about his appointment to represent Hall, Valencia stated that “[he] …