Digital Commons @ University of Georgia School of Law

One of the most pressing issues in constitutional law is how states may—and should—resist federal preempting laws and policies with which they disagree. It’s a problem faced by red and blue states alike in an age of extreme political polarization. Despite having legitimate reasons to resist the federal government on matters that affect local citizens and interests, states seem to have few options…

Wealth inequality remains as wide, and as troubling, as it was a half-century ago. While scholars have offered various explanations, there is a contributor that has escaped serious scrutiny: state monopoly power. It is not just that there is a long history of states and municipalities using their monopoly power to protect dominant interests, from enacting Black Codes to shuttering Chinese laundri…

Labor Law - administrative Rule-Making Power of NLRB - Excelsior Rule Held Invalid for Failure of NLRB to Follow Rule - Making Provisions of Administrative Procedure Act. (Wyman-Gordon Co. v. NLRB, First Cir. 1968)

Since its enactment in 1927, the Longshoremen's and Harbor Worker's Compensation Act has been the source of much confusion in admiralty law, particularly with respect to admiralty-state jurisdictional conflicts. The Act provides compensation: "in respect of disability or death of an employee, but only if the dis- ability or death results from an injury occurring upon the navigable waters of the U…

An important' tax question arises when income is received by a decedent's successor in interest as a result of a sale transaction which had its origins in the decedent's lifetime activities but which was not consummated until after his death. The answer to be sought is whether or not the proceeds of the sale constitute income in respect of a decedent within the meaning of section 6913 of the Inte…

Conglomerate mergers are currently the center of attention in the corporate world. The Wall Street Journal recently published a three-part series on the conglomerate, which was labeled the "corporate phenomenon of the '60s." In a special report, Business Week wrote: "No creation of the U.S. economy reflects the vigor, imagination, and sheer brass of the 1960s more than the conglomerate corporatio…

TO paraphrase a modem slogan, in local government law "little goes right if the contract's too tight." For the layman who bargains in good faith with a municipality or county, the introduction to this principle can be a jolt. To be told that his contract was not a contract, because it would have unduly bound the local government, must prompt serious doubts in his mind about the law commanding thi…

IN 1916 Roscoe Pound delivered a famous address under the title, The Limits of Effective Legal Action.1 In that address Pound sought to demonstrate to his hearers that the law is not an all-purpose tool, that there are social problems it cannot solve, that the practice of calling out its rough engine in answer to every social alarm can not only damage society, but also may end by destroying the e…

FOR some years, the most prestigious commentator on federal practice, Charles A. Wright, has been expressing concern about the apparent evolution of the relation between trial and appellate courts, particularly in the federal judicial system. With his distinguished colleague, Leon Green, he has deplored the fact that "the appellate courts have drawn unto themselves practically all the power of th…

Recommended Citation (1969) "Table of Contents," Georgia Law Review: Vol. 3: No. 3, Article 1. Available at: https://digitalcommons.law.uga.edu/glr/vol3/iss3/1

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’ t…

Corporate personhood and corporate rights are co-constitutive in nature, meaning that they are mutually constructed – there is no singular, one-way causal path between a conception of corporate personhood and a conception of corporate rights. Consequently, modes of reasoning that purport to deduce the substance and extent of corporate rights from the mere fact of corporate personhood are logicall…

One in eleven Americans have filed bankruptcy at some point during their lives. Based on the number of consumer bankruptcy cases initiated during the past several decades, about one million individuals will file every year. This makes bankruptcy courts the leading federal courts with which people have contact. Embedded in people’s cases are a host of legal issues that do not directly implicate ba…

In this research letter, we examine whether gender and racial bias affect interruption rates at one of the most visible events in American politics: US Supreme Court confirmation hearings. Using original data from 1939 to 2022, we find that male and white participants are more likely to interrupt women and person of color speakers, respectively, relative to male and white speakers. This finding h…

The Federal Arbitration Act (“faa” or the “Act”), enacted by Congress in 1925, governs the vacatur of arbitral awards in federal courts. Section 10 of the faa lists four grounds for vacating an award. The case of Hall Street Associates, LLC v. Mattel, Inc. concerns parties’ ability to expand these grounds.

As law school clinical programs have grown in recent decades, many of the newer offerings focus on business law, entrepreneurship, intellectualproperty, and technology. It is commonly presumed that social justice values, such as the amelioration ofpoverty or theprotection offundamental rights, are notfoundational goals of these non-traditional clinics. This Article calls these clinics "values-amb…

Civil Rights-Elections--Under the Voting Rights Act of 1965, a Declaratory Judgment Will Not Be Granted to Reinstate a Literacy Test in a County Which Has Maintained a Segregated School System. (Gaston County v. United States, D.D.C. 1968) Constitutional Law-Cruel and Unusual Punishment-Life Imprisonment without Benefit of Parole Is Cruel and Unusual Punishment When Applied to Juveniles. (Workman…

Until recently, few people realized that an estimated ten million people in the United States are chronically hungry. This is a distressing and a disgraceful fact, and one which exposes problems of unbelievable complexity; so complex, in fact, that until 1964, there had been but minimal effort even to understand these problems, much less meet them with commitment and imagination. It has always be…

Elimination of inequities in college search and seizure procedures can assure the student of his fourth amendment rights. To do so, however, will impose concomitant responsibilities which he must be prepared to accept. For example, in criminal proceedings most college students will be categorized as adults. If college administrators must limit their own duties and defer to other governmental agen…

ESSENTIALLY, it will be my purpose to consider four principal questions, namely: (1) What is arbitration and what is it for? (2) When should management go to arbitration? (3) How should one go to arbitration-How should you prepare and try the arbitration case? (4) How can we improve the arbitration process? After considering these questions, I intend to consider several arbitration-related issues…