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University of Georgia School of Law

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Articles 31 - 60 of 276

Full-Text Articles in Legal History

Inimicus Libertatis: Chief Justice Rehnquist’S Majority Or Plurality Opinions In The Field Of Criminal Procedure, Donald E. Wilkes Jr. Aug 2017

Inimicus Libertatis: Chief Justice Rehnquist’S Majority Or Plurality Opinions In The Field Of Criminal Procedure, Donald E. Wilkes Jr.

Scholarly Works

Since the early 1970’s an increasingly conservative Supreme Court of the United States has been leading this country through a “Criminal Procedure Counterrevolution” (also called “The Rehnquisition”), during which the federal rights and remedies of criminal defendants have been inexorably and significantly eroded. There are numerous books and law review articles discussing this counterrevolution. Chief Justice Rehnquist, the most articulate and ideological of the Courts conservative justices, may properly be regarded as the intellectual founder and leader of this trend in favor of restricting criminal procedure rights.

This article analyzes and provides a bibliography of Supreme Court criminal procedure opinions …


Grassy Knoll Shots? Limousine Slowdown?, Donald E. Wilkes Jr. Apr 2017

Grassy Knoll Shots? Limousine Slowdown?, Donald E. Wilkes Jr.

Popular Media

This article reviews the book Twenty-six Seconds by Alexandrea Zapruder. It also questions whether the only film of the JFK assassination was altered by the CIA.


Circumstances Undetermined: Dorothy Kilgallen And Jfk's Murder, Donald E. Wilkes Jr. Mar 2017

Circumstances Undetermined: Dorothy Kilgallen And Jfk's Murder, Donald E. Wilkes Jr.

Popular Media

This article reviews the mysterious circumstances surrounding reporter Dorothy Kilgallen's death and the assassination of President John F. Kennedy.


Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins Jan 2017

Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins

Georgia Journal of International & Comparative Law

No abstract provided.


Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus Iii Jan 2017

Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Was Castro Behind The Jfk Assassination?, Donald E. Wilkes Jr. Jan 2017

Was Castro Behind The Jfk Assassination?, Donald E. Wilkes Jr.

Popular Media

A month after Fidel Castro’s death, on Dec. 19, 2016, the tabloid National Enquirer published an article tinglingly titled “Dying Castro Admitted Killing JFK!” The article’s sensationalistic subtitle proclaimed “Chilling New Evidence Blows Assassination Wide Open After 53 Years.” This article by Professor Wilkes debunks the assertions set forth in the Enquirer article.


Trade Association, State Building, And The Sherman Act: The U.S. Chamber Of Commerce, 1912-25, Laura Phillips Sawyer Jan 2017

Trade Association, State Building, And The Sherman Act: The U.S. Chamber Of Commerce, 1912-25, Laura Phillips Sawyer

Scholarly Works

The U.S. Chamber of Commerce (USCC), and "organization of organizations," was conceived in 1912 in coordination with administrators at the Department of Commerce and Labor to promote the collection of commercially valuable trade information. A critical though often neglected, aspect of administrative state building has been the information-gathering and dissemination practices spearheaded by the Department of Commerce and later the Federal Trade Commission (FTC) in conjunction with the USCC. Rather than a strictly adversarial relationship, in the early twentieth century business-government relations created mutually constitutive administrative capacities in both private trade associations and public administrative agencies.


Principle And Politics In The New History Of Originalism, Logan E. Sawyer Iii Jan 2017

Principle And Politics In The New History Of Originalism, Logan E. Sawyer Iii

Scholarly Works

The emergence of a new form of originalism has sparked an interest in the theory’s past that is particularly welcome as developments on the Supreme Court and in the Republican Party unsettle the theory’s place in American law and politics. Our understanding of the theory’s development, however, has been limited by an unfortunate and unnecessary division between what are now two separate histories of originalism. One history examines the theory’s development in academia and emphasizes the influence of principled argument. A second investigates its role in politics and highlights the role of conservative interests. This review essay identifies this division …


The American Press Covers Jfk's Murder, And The Impossible Comes To Pass, Donald E. Wilkes Jr. Nov 2016

The American Press Covers Jfk's Murder, And The Impossible Comes To Pass, Donald E. Wilkes Jr.

Popular Media

Almost from the moment Dallas police arrested Lee Harvey Oswald two hours after the assassination of President John F. Kennedy on Friday, Nov. 22, 1963, the American news media establishment began trumpeting as proven fact the story that Oswald was the killer. This article looks at how Russian and Cuban press's view of the assassination was diametrically opposed to that of the American press.


Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer Nov 2016

Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer

Georgia Journal of International & Comparative Law

No abstract provided.


The Single-Assassin Theory, The Media Establishment And The Cia, Donald E. Wilkes Jr. Nov 2016

The Single-Assassin Theory, The Media Establishment And The Cia, Donald E. Wilkes Jr.

Popular Media

We have long known that, criminally, outrageously and repeatedly, the Central Intelligence Agency stonewalled official government investigations of the JFK assassination. But we also now know that for the last half-century, using its numerous and influential assets and supporters in the mainstream media, the CIA has engaged in a clandestine crusade to preserve, protect, and defend the Warren Report’s sole-assassin claim from criticism, even when the criticism is warranted. This article delves into how these two entities have provided disinformation to the public.


"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid Oct 2016

"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid

Journal of Intellectual Property Law

No abstract provided.


The Mixed Courts Of Egypt: A Study On The Use Of Natural Law And Equity, Gabriel M. Wilner Jul 2016

The Mixed Courts Of Egypt: A Study On The Use Of Natural Law And Equity, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


The Death Penalty In Traditional China, Chin Kim, Theodore R. Leblang Jul 2016

The Death Penalty In Traditional China, Chin Kim, Theodore R. Leblang

Georgia Journal of International & Comparative Law

No abstract provided.


Lee Harvey Oswald And Ted Cruz's Father, Donald E. Wilkes Jr. May 2016

Lee Harvey Oswald And Ted Cruz's Father, Donald E. Wilkes Jr.

Popular Media

Recently, stunning accusations have been made against Rafael Cruz, father of recent presidential candidate Sen. Ted Cruz. It is alleged that in New Orleans in 1963 the elder Cruz accompanied Lee Harvey Oswald while Oswald was handing out pro-Fidel Castro “HANDS OFF CUBA!” leaflets. It is further alleged that there is photographic proof of this. Finally, it is alleged that because of his connections with Oswald Rafael Cruz may have been involved in the assassination of President John F. Kennedy. This article explores the truths to these accusations.


Books Received, Georgia Journal Of International And Comparative Law Apr 2016

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson Apr 2016

Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson

Georgia Journal of International & Comparative Law

No abstract provided.


California Fair Trade: Antitrust And The Politics Of “Fairness” In U.S. Competition Policy, Laura Phillips Sawyer Apr 2016

California Fair Trade: Antitrust And The Politics Of “Fairness” In U.S. Competition Policy, Laura Phillips Sawyer

Scholarly Works

In the decades before World War II, U.S. antitrust law was anything but settled. Considerable pressure for antitrust revision came from the states. A perhaps unlikely leader, Edna Gleason, organized California’s retail pharmacists and coordinated trade networks to monitor and enforce Resale Price Maintenance (RPM) contracts, a system of price-fixing, then known as “fair trade.” Progressive jurists, including Louis Brandeis and institutional economist E. R. A. Seligman, supported RPM as a protection to independent proprietors. The breakdown of legal and economic consensus regarding what constituted “unfair competition” allowed businesspeople to act as intermediaries between heterodox economic thought and contested antitrust …


Why The Right Embraced Rights, Logan E. Sawyer Iii Jan 2016

Why The Right Embraced Rights, Logan E. Sawyer Iii

Scholarly Works

Book review of he Other Rights Revolution: Conservative Lawyers and the Remaking of American Government by Jefferson Decker (Oxford U. Press 2016).


John A Sibley Lecture, The Shaping Of International Law, Louis B. Sohn Dec 2015

John A Sibley Lecture, The Shaping Of International Law, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Jus Et Societas: Essays In Tribute To Wolfgang Friedmann. Eds. G. Wilner & Martinus Nijhoff. The Hague, Boston, London, 1979., Seymour J. Rubin May 2015

Book Review: Jus Et Societas: Essays In Tribute To Wolfgang Friedmann. Eds. G. Wilner & Martinus Nijhoff. The Hague, Boston, London, 1979., Seymour J. Rubin

Georgia Journal of International & Comparative Law

No abstract provided.


The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz Apr 2015

The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz

Georgia Journal of International & Comparative Law

No abstract provided.


Taxation Aspects Of Foreign Investments In India, Udai V. Singh Apr 2015

Taxation Aspects Of Foreign Investments In India, Udai V. Singh

Georgia Journal of International & Comparative Law

No abstract provided.


Parliamentary Diplomacy And The North-South Dialogue, Noel Lateef Apr 2015

Parliamentary Diplomacy And The North-South Dialogue, Noel Lateef

Georgia Journal of International & Comparative Law

No abstract provided.


The European Economic Community: The Right Of Member State Withdrawal, John A. Hill Apr 2015

The European Economic Community: The Right Of Member State Withdrawal, John A. Hill

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Political Crime In Europe: A Comparative Study Of France, Germany And England. Barton L. Ingraham. University Of California-Berkeley Press, 1979., Albert M. Pearson Iii Apr 2015

Book Review: Political Crime In Europe: A Comparative Study Of France, Germany And England. Barton L. Ingraham. University Of California-Berkeley Press, 1979., Albert M. Pearson Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor Apr 2015

Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law Apr 2015

Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Soviet Attitudes Toward International Cooperation In Political Matters Revisited: The Case Of Inconsistent Consistency, Josef Rohlik Apr 2015

Soviet Attitudes Toward International Cooperation In Political Matters Revisited: The Case Of Inconsistent Consistency, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


From The Shoals Of Ras Kaboudia To The Shores Of Tripoli: The Tunisia/Libya Continental Shelf Boundary Delimitation, Donna R. Christie Mar 2015

From The Shoals Of Ras Kaboudia To The Shores Of Tripoli: The Tunisia/Libya Continental Shelf Boundary Delimitation, Donna R. Christie

Georgia Journal of International & Comparative Law

No abstract provided.