Legislation Commons^™

Transunion, Vermont Agency, And Statutory Damages Under Article Iii, Randy Beck

Scholarly Works

The Supreme Court concluded in TransUnion LLC v. Ramirez that a plaintiff may not sue to collect statutory damages under a statute like the Fair Credit Reporting Act (FCRA) simply because the defendant violated a right Congress conferred on the plaintiff. Instead, Article III requires the plaintiff to show that the statutory violation resulted in a “concrete” injury with “a ‘close relationship’ to a harm ‘traditionally’ recognized as providing a basis for a lawsuit in American courts.” The TransUnion Court made no effort to explain how its conclusion could be reconciled with Vermont Agency of Natural Resources v. United States …

The Problem Of Extravagant Inferences, Cass Sunstein

Georgia Law Review

Judges and lawyers sometimes act as if a constitutional or statutory term must, as a matter of semantics, be understood to have a particular meaning, when it could easily be understood to have another meaning, or several other meanings. When judges and lawyers act as if a legal term has a unique semantic meaning, even though it does not, they should be seen to be drawing extravagant inferences. Some constitutional provisions are treated this way; consider the idea that the vesting of executive power in a President of the United States necessarily includes the power to remove, at will, a …

Section 230 Reform, Liberalism, And Their Discontents, Mateusz Blaszczyk

Scholarly Works

The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to realize their own positive normative vision for the political community which, today, is largely defined in the realm of digital culture. Each side recognizes the political other as an enemy to their own utopia, wishing to control, censor, or simply become sovereign thereover. These existential politics of the …

You’Re Out!: Three Strikes Against The Plra’S Three Strikes Rule, Kasey Clark

Georgia Law Review

As federal court caseloads increased in the twentieth century, concerned jurists and academics pointed their fingers at many potential culprits. One culprit in particular, however, caught the attention of Congress: suits brought by prisoners. To curtail what it believed was an influx of frivolous prisoner litigation, Congress passed the Prison Litigation Reform Act (PLRA) in 1996. One provision of the PLRA, known as the “three strikes rule,” prohibits a prisoner from proceeding in forma pauperis if three or more of the prisoner’s prior actions or appeals have been dismissed as frivolous or malicious or for failure to state a claim …

Privacy Is Not Dead: Expressively Using Law To Push Back Against Corporate Deregulators And Meaningfully Protect Data Privacy Rights, Alexander F. Krupp

Georgia Law Review

When the European Union’s (EU) General Data Protection Regulation (GDPR) passed in 2016, it represented the world’s first major comprehensive data privacy law and kicked off a conversation about how we think about the right to privacy in the modern age. The law granted a broad range of rights to EU citizens, including a right to have companies delete data they collect about you, a right not to have your personal information sold, and a range of other rights all geared towards individual autonomy over personal data. All the while, platform companies like Facebook (Meta), Apple, and Amazon have taken …

I Spy With My Little--Gps Tracking Device: Why Georgia Should Look To The United Kingdom's Domestic Violence Laws To Deter Innovative Abuses Of Technology, Tyerus Skala

Georgia Journal of International & Comparative Law

No abstract provided.

Complicated Mercy: Compensating The Wrongfully Convicted In Georgia, Elizabeth O'Roark

Georgia Law Review

An exoneree’s story does not end when they walk out of prison and back into society. After spending years in prison for a crime they did not commit, the exoneree must rebuild a life with years of lost income, little credit, and no retirement. Georgia is one of the few states that does not have a statute setting out how to fairly and efficiently compensate its exonerees. Exonerees must instead ask state representatives to present a resolution to the General Assembly. If the resolution passes through both chambers of the legislature, then the exoneree can receive some compensation for the …

Unintended Legislative Inertia, Mirit Eyal-Cohen

Georgia Law Review

Institutional and political forces create strong inertial
pressures that make updating legislation a difficult task. As a
result, laws often stagnate, leading to the continued existence of
obsolete rules and policies that serve long-forgotten purposes.
Recognizing this inertial power, legislatures over the last few
decades have increasingly relied on a perceived solution—
temporary legislation. In theory, this measure avoids inertia by
requiring legislators to choose to extend a law deliberately.
This Article argues that temporary legislation is a double-
edged sword. While some temporary laws ultimately expire,
many perpetuate through cycles of extension and
reauthorization. Temporary legislation often creates its …

A Matter For Interpretation: An Inquiry Into Confederate Symbolism And The Florida State Flag, Nicholas Mignanelli, Sarah C. Slinger

Scholarly Works

Are the red bars found on Florida's state flag a remnant of early twentieth-century nostalgia for the Confederacy? Who first proposed this design and why? What did this change mean to the citizens who witnessed it? This Article is an attempt to answer these questions by approaching them through the lenses of original intent and original meaning. In doing so, the Authors advance new strategies for decision-makers interested in uncovering the motives of those who first erected or affixed allegedly Confederate monuments and symbols.

The Folly Of Credit As Pandemic Relief, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet

Scholarly Works

Within weeks of the coronavirus pandemic appearing in the United States, the American economy came to a grinding halt. The unprecedented modern health crisis and the collapsing economy forced Congress to make a critical choice about how to help American families survive financially. Congress had two basic options. It could enact policies that provided direct and meaningful financial support to people, without the necessity of later repayment. Or it could pursue policies that temporarily relieved people from their financial obligations, but required that they eventually pay amounts subject to payment moratoria later.

In passing the CARES Act, Congress primarily chose …

Cares Act Gimmicks How Not To Give People Money During A Pandemic And What To Do Instead, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet

Scholarly Works

The coronavirus pandemic upturned Americans’ lives. Within the first few weeks, millions of Americans reported being laid off from their jobs. Other people were working reduced hours or were working remotely from home. Children’s daycares and schools closed, and parents were thrown into new roles as educators and full-time babysitters, while, in some instances, also continuing to work full-time jobs. The profound financial effects caused by even a few weeks of the coronavirus’ upheaval spurred Congress to pass the CARES Act, which purported to provide economic relief to individuals and businesses.

For individuals, the CARES Act includes five provisions that …

Submarine Statutes, Christian Turner

Scholarly Works

I define as “submarine statutes” a category of statutes that affect the meaning of later-passed statutes. A submarine statute calls for courts to apply future statutes differently than they would have otherwise. An example is the Religious Freedom Restoration Act, which requires, in some circumstances, exemptions for religious exercise from otherwise compulsory statutory requirements. A new statute can only be understood if its interaction with RFRA is also understood. While scholars have debated the constitutionality of some statutes like these, mainly analyzing the legitimacy of their entrenching quality, I argue that submarine statutes carry an overlooked cost. Namely, they add …

How Laws Are Made: The Legislature, Sharon Bradley

Presentations

Law, as defined in Black’s Law Dictionary, is “a body of rules of action or conduct prescribed by controlling authority and having binding legal force.” Our laws come from our three branches of Government: legislative, executive, and judicial. These webinars will focus on the law-making activities of each branch, the documents that are created during the process, and how they are used by lawyers and legal researchers

European Economic Community-Free Movement Of Goods-Legislation Of A Member State, Reserving Certain Wine Appellations For Domestic Products Only, Has An Effect Equivalent To Prohibited Quantitative Restrictions If Such Appellations Do Not Describe Wine Products Which Possess Qualities And Characteristics Attributable To Their Geographic Origin, Julie M. Clifford

Georgia Journal of International & Comparative Law

No abstract provided.

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine Environment …

Tennessee V. Fcc And The Clear Statement Rule, Lee D. Whatling

Georgia Law Review

In 2016, the Sixth Circuit in Tennessee v. FCC
overturned an FCC preemption order striking down state
laws that restricted municipal broadband providers from
servicing communities outside of their respective
municipal borders. The court held Congress had not
provided a clear statement in § 706 of the
Telecommunications Act of 1996 that it intended to grant
the FCC preemption power under these circumstances.
The immediate practical consequences of the decision were
that communities previously serviced by municipal
broadband providers, but located outside of municipal
borders, were now at the mercy of state laws that sought to
restrict that service.
This …

Dictation And Delegation In Securities Regulation, Usha Rodrigues

Scholarly Works

When Congress undertakes major financial reform, either it dictates the precise contours of the law itself or it delegates the bulk of the rulemaking to an administrative agency. This choice has critical consequences. Making the law self-executing in federal legislation is swift, not subject to administrative tinkering, and less vulnerable than rulemaking to judicial second-guessing. Agency action is, in contrast, deliberate, subject to ongoing bureaucratic fiddling and more vulnerable than statutes to judicial challenge.

This Article offers the first empirical analysis of the extent of congressional delegation in securities law from 1970 to the present day, examining nine pieces of …

Trademarks “Lanham Act” Foreign Registrants Need Not Allege Use In The United States And May Waive Filing Requirements Required For Domestic Applications (Scm Corporation V. Langis Foods, Ltd., D.C. Cir. 1976), John A. Cutler

Georgia Journal of International & Comparative Law

No abstract provided.

The Andean Foreign Investment Code: An Overview, Lloyd Pike

Georgia Journal of International & Comparative Law

No abstract provided.

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Georgia Journal of International & Comparative Law

No abstract provided.

Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.

The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.

New Judicial Review In Old Europe, Alyssa S. King

Georgia Journal of International & Comparative Law

No abstract provided.

Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.

Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson

Georgia Journal of International & Comparative Law

No abstract provided.

Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman

Georgia Journal of International & Comparative Law

No abstract provided.

Child Protection In Times Of Conflict And Children And International Criminal Justice, Kerry L. Neal

Georgia Journal of International & Comparative Law

No abstract provided.

Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone

Georgia Journal of International & Comparative Law

No abstract provided.

The Trade Act Of 1974: Soviet-American Commercial Relations And The Future, Kenneth Klein

Georgia Journal of International & Comparative Law

No abstract provided.