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Articles 1 - 30 of 45
Full-Text Articles in Public Law and Legal Theory
The U Visa At 25: Legislative Missteps, Bureaucratic Neglect, And Geographic Roulette, Jason A. Cade
The U Visa At 25: Legislative Missteps, Bureaucratic Neglect, And Geographic Roulette, Jason A. Cade
Scholarly Works
A quarter century ago, Congress created the U visa with dual goals: protecting immigrant crime victims and facilitating law enforcement cooperation by removing deportation barriers to crime reporting. Yet the program as implemented has fallen dramatically short of these aims. This Essay provides the first comprehensive analysis of the U visa's structural failures at its twenty-fifth anniversary. Two fundamental design flaws plague the program. First, Congress capped U visas at 10,000 annually-far below actual need-while the immigration agency has consistently failed to implement congressionally-authorized interim protections. The result is that, as of 2025, applicants wait five years for work authorization …
The Problem Of Extravagant Inferences, Cass Sunstein
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 …
Public Records Searching, Margaret Butler
Public Records Searching, Margaret Butler
Continuing Legal Education Presentations
Shared websites for searching and finding public records.
Models Of Law, Christian Turner
Models Of Law, Christian Turner
Scholarly Works
The more we examine what is behind our most difficult legal questions, the more puzzling it can seem that we continue both to disagree strongly and, yet, to cooperate. If law is a reasoned enterprise, how is it that we are neither torn apart nor homogenized by our long social practice of it? I resolve this puzzle, and arrive at a richer understanding of law, using the idea of modeling familiar from the natural sciences and mathematics. I show (a) that theorists can model legal systems as abstract systems of institutions, information flows, and institutional processing or reasoning and (b) …
The Device Of Fiction In Public International Law, Jean J. A. Salmon
The Device Of Fiction In Public International Law, Jean J. A. Salmon
Georgia Journal of International & Comparative Law
No abstract provided.
Operational Autonomy And Public Accountability In Statutory Corporations: A Case Study Of Ghana’S Development Experience And A Blueprint For Reform, E. A. Botchwey
Georgia Journal of International & Comparative Law
No abstract provided.
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Georgia Journal of International & Comparative Law
No abstract provided.
The Teaching Of International Law, Myres S. Mcdougal
The Teaching Of International Law, Myres S. Mcdougal
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Richard A. Falk
The Place Of Policy In International Law, Richard A. Falk
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, D. H. N. Johnson
The Place Of Policy In International Law, D. H. N. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Oscar Schachter
The Place Of Policy In International Law, Oscar Schachter
Georgia Journal of International & Comparative Law
No abstract provided.
The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald
The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald
Georgia Journal of International & Comparative Law
No abstract provided.
Books Received, Georgia Journal Of International And Comparative Law
Books Received, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Freedom Of Expression- European Commission Of Human Rights Find That Injunction Against Newspaper Article On Case During Out-Of-Court Negotiations, Upheld By The House Of Lords, Violates Article 10 Of The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Alan S. Peevy
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Sovereign Immunity- Communist And Socialist Organizations- Effect Of State's System Of Property Ownership On Determination Of Agency Or Instrumentality Status Under The Foreign Sovereign Immunities Act Of 1976, Timothy A. Peterson, Harger W. Hoyt
Foreign Sovereign Immunity- Communist And Socialist Organizations- Effect Of State's System Of Property Ownership On Determination Of Agency Or Instrumentality Status Under The Foreign Sovereign Immunities Act Of 1976, Timothy A. Peterson, Harger W. Hoyt
Georgia Journal of International & Comparative Law
No abstract provided.
Sea Changes And The American Republic, Dean Rusk, Milner S. Ball
Sea Changes And The American Republic, Dean Rusk, Milner S. Ball
Georgia Journal of International & Comparative Law
No abstract provided.
Dean Rusk Award: "Double Jeopardy" On The High Seas: International Narcotics Traffickers Beware, Richard Lee
Dean Rusk Award: "Double Jeopardy" On The High Seas: International Narcotics Traffickers Beware, Richard Lee
Georgia Journal of International & Comparative Law
No abstract provided.
City Growth And Cooperation Along The United States/Mexican Border, Nora M. Tocups
City Growth And Cooperation Along The United States/Mexican Border, Nora M. Tocups
Georgia Journal of International & Comparative Law
No abstract provided.
Urbanization And Public Services, Fredric Stearns
Urbanization And Public Services, Fredric Stearns
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law
Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Welcoming Remarks, Peter B. Rutledge
Welcoming Remarks, Peter B. Rutledge
Working in the Public Interest Conferences
No abstract provided.
Book Review: Studies In Roman Law In Memory Of A. Arthur Schiller, Leiden, E.J. Brill, 1986. By Roger S. Bagnall And William V. Harris. Leiden, Netherlands: E.J. Brill Co., 1986., Richard J. Cummins
Book Review: Studies In Roman Law In Memory Of A. Arthur Schiller, Leiden, E.J. Brill, 1986. By Roger S. Bagnall And William V. Harris. Leiden, Netherlands: E.J. Brill Co., 1986., Richard J. Cummins
Georgia Journal of International & Comparative Law
No abstract provided.
German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson
German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson
Georgia Journal of International & Comparative Law
No abstract provided.
The World Health Organization's Framework Convention On Tobacco Control: An Analysis Of Guidelines Adopted By The Conference Of The Parties, Sam F. Halabi
Georgia Journal of International & Comparative Law
No abstract provided.
An Originalist Argument For A Sixth Amendment Right To Competent Counsel, Erica J. Hashimoto
An Originalist Argument For A Sixth Amendment Right To Competent Counsel, Erica J. Hashimoto
Scholarly Works
The Treason Act of 1696 provided a right to counsel in treason cases in England and laid the framework for the right to counsel both in England and in the United States. Evidence suggests that the Treason Act may have influenced the Framers of the Constitution; thus, any historical understanding of the Sixth Amendment right to counsel should consider the quality of representation treason defendants received. If, as appears to be the case, treason defendants had competent, experienced lawyers representing them, then the Sixth Amendment right to counsel may well include that right to such representation. This Essay suggest that …
State Action Problems, Christian Turner
State Action Problems, Christian Turner
Scholarly Works
The state action doctrine is a mess. Explanations for why federal courts sometimes treat the private actions of private parties as public actions subject to the Constitution, like the Supreme Court did in Shelley v. Kraemer, are either vastly overinclusive or fail to explain our law and values. A better approach is to understand the state action doctrine in institutional terms. I introduce a two-step, institutionally focused state action theory that is a natural consequence of a broader public/private theory of legal systems. In the first step, a court identifies a “state action problem,” meaning a privately made law that …
Law's Public/Private Structure, Christian Turner
Law's Public/Private Structure, Christian Turner
Scholarly Works
Often derided for its incoherence or uselessness, the public/private distinction is rarely studied explicitly outside the state action doctrine in Constitutional Law. To ignore this distinction, however, is to miss the most fundamental sorting criterion in our law. Distinguishing whether public or private entities control (a) law creation and definition and (b) prosecution leads to a simple yet powerful taxonomy of legal systems. The taxonomy characterizes legal systems in terms of control over decisionmaking by our most basic institutional forms: the public and private. Thus, the proper categorization of laws within the system, for example whether a policy should be …
When And How (If At All) Does Law Constrain Official Action?, Frederick Schauer
When And How (If At All) Does Law Constrain Official Action?, Frederick Schauer
Georgia Law Review
Debates about the obligation to obey the law have been around for literally thousands of years, but the empirical side has received much less attention. Moreover, most of the existing empirical work has focused on citizens and not officials, and consequently we know little about the extent to which law qua law motivates official action. This Article seeks to encourage empirical inquiry into the particular question of whether officials obey the law as law, independent of the content of the law and independent of the possibility of sanctions for non-compliance. It offers the hypothesis that although there is much talk …
When And How (If At All) Does Law Constrain Official Actions?, Frederick F. Schauer
When And How (If At All) Does Law Constrain Official Actions?, Frederick F. Schauer
Sibley Lecture Series
University of Virginia Harrison Distinguished Professor of Law Frederick Schauer delivered the University of Georgia School of Law's 105th Sibley Lecture. Schauer's lecture titled "When and How (If at All) Does Law Constrain Official Action?" took place Wednesday, Oct. 28, at 4:30 p.m. in the Hatton Lovejoy Courtroom. According to Schauer, although Americans claim to live in a country whose decisions are highly influenced by law and courts, the reality may be quite different. "Across the political spectrum officials and public figures are politically and reputationally rewarded for doing the right thing even if it violates the law and punished …
Reflections On Hope, Erica J. Hashimoto
Reflections On Hope, Erica J. Hashimoto
Scholarly Works
This is an article from a Symposium In Honor of Professor Milner S. Ball. This article describes Professor Ball's dedication towards public interest law and encourages others to join the the fight for justice.
Fighting for a more just society-a society that treats all of its members with dignity and respect-calls for courage, passion, and vision. People with those qualities who choose to work in the public interest will discover the joy of having a "job" that many days is exhilarating and rewarding and often is just plain fun.' There will also, however, be difficult days. Surviving those days and …