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Wolf in Sheep\u27s Clothing: How Victims\u27 Rights Bills Continue to Let Down Both Crime Victims and Defendants
Get PDFThere are underlying principles of law that root our criminal justice system into a balanced process between the state and the defendant. However, the victims of crime are often forgotten, and their input limited. To address these concerns, numerous victims’ rights bills have been developed all over the country. Although there are well-written sections of these laws, overall, they are underdeveloped. The newest version of this movement, Marsy’s Law, fails to fix any of the previous issues. With the passage of victims’ rights bills containing sections that serve to endanger this balance while simultaneously failing to fully empower victims, this Note contends that these victims’ rights bills should be reworked into a form that best serves our nation’s commonly held ideals of justice and compassion. Voters will need to carefully examine proposed ballot measures regarding Marsy’s Law and other victims’ rights bills if they are not meaningfully revised. The legislature will need to be prepared to flesh out both procedural and substantive legislation based on ballot measure framework, and the judiciary will likewise need to be prepared to interpret these laws that are enacted without clear directives and that are at odds with other legal protections
“[T]here Appears to be Intentional Discrimination in the Panel”: The Case for Abolishing Peremptory Challenges in Georgia
Get PDFIn Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court attempted to prevent peremptory strikes motivated by race. However, evidence and jurisprudence since Batson have indicated that the Court did not succeed. Furthermore, peremptory strikes perpetuate racial imbalance in juries and erode public faith in an unbiased legal system, as seen in reactions to the recent McMichael-Bryant trial in Georgia, in which only one black juror was seated. Given the longstanding and intractable issues with peremptory challenges, the Arizona Supreme Court decided to eliminate them entirely in 2021. This Article argues that Georgia should follow suit and abolish peremptory challenges
Cheer is a Sport : The NCAA, Title IX Compliance, and NIL
Get PDFOver fifty years have passed since the famous women’s rights Title IX legislation was enacted. Equal opportunity for women in education, and specifically in colligate athletics, has been an ongoing game since 1972 and while drastic improvements have been made, the playing field is still not even for female student-athletes. Many universities continue to struggle with Title IX Compliance and recent events and trends including the Covid-19 pandemic and the increasing female undergraduate population have dramatized the problems. In the wake of the Name, Image, and Likeness era, a solution to compliance is more important now than ever where a student-athlete\u27s right of publicity is an educational benefit and opportunity under Title IX. This Note proposes a solution to the ongoing Title IX compliance issues by persuading the NCAA to recognize additional women’s sports. The argument presents Competitive Cheerleading as the ideal “test sport” for the NCAA. Competitive Cheerleading, in which the competitive aspect is in the title of the sport itself, continues to be denied sport status, thus showing how the NCAA leaves opportunities for female-student athletes on the sideline. The game of full Title IX Compliance will not be won until there are additional participation opportunities for female student-athletes. The game-clock is ticking down as NIL issues heighten the need for Title IX compliance, and the NCAA--the primary governing body of collegiate athletics--must change its playbook
Panel 2: Resilient Foresight: Contemporary Solutions for Future Issues
Get PDFModerator: Dr. Sonia Hirt, Dean & Hughes Professor in Landscape Architecture & Planning, UGA CE+D
Panelists: Blake Hudson, Dean & Professor of Law, Cumberland School of Law Shelley Saxer, Laure Sudreau Endowed Professor of Law, Pepperdine Caruso School of Law John Travis Marshall, Associate Professor of Law, Georgia State University College of Law Mark Nevitt, Associate Professor, Emory University School of Law
This panel’s discussion will involve planning today for tomorrow’s uncertainties in light of an evolving climate and regulatory regime. Dean Blake Hudson will discuss his scholarship, Resilient Forest Management and Climate Change. Specifically, Dean Hudson will argue, among other things, how, in light of climate-induced deforestation, society “must craft law and policy responses to help forests adapt more quickly.” Professor Shelley Saxer’s scholarship, Building Climate Resilience with Local Tools, will argue in favor of “mitigation and adaptation strategies that should inform rebuilding efforts” after disruptive disasters. Professor John Travis Marshall will highlight his scholarship, States in an Era of Climate Change: Hurricane Michael and Opportunities to Advance Rural Resilience to Natural Hazards. In so doing, Professor Marshall will suggest ways that communities “might move quickly following a disaster event to jumpstart long-term transformative housing recovery.” Professor Mark Nevitt will, again, draw upon his insurance retreat scholarship to discuss how insurers and regulators can aid in planning today for tomorrow’s uncertainties. Throughout the discussion, Dean Sonia Hirt, renowned environmental planner and Guggenheim Fellow, will pose questions to maximize the applicability of the conversation to attendees’ respective legal practices. The panel will conclude with approximately ten minutes of audience question and answer
Stimulating Fraud: Comparing the Effectiveness of Fraud Recovery Mechanisms Between the United States and the United Kingdom Through the Lens of Public COVID-19 Expenditures
Get PDFFraud committed against the U.S. government is one of the largest costs that taxpayers must bear. The False Claims Act has been the most effective monetary fraud recovery mechanism in history. The question remains, however, of if it will continue to be as useful given modern trends of increased spending. An analysis of the U.S. fraud recovery model compared to the United Kingdom through the lens of Covid-19 expenditures demonstrates both the strengths and weaknesses of the U.S. model and provides reasoning for legislative alteration
Opening Remarks
Get PDFOpening remarks for the 36th annual Red Clay Conference by University of Georgia Environmental Law Association Board Co-President Logan Berg
Resilient Administrative Technology
Get PDFDecision-making in the administrative state increasingly relies on automated information processing. Yet administrative law has not kept pace. This creates a need for an institutional redesign of decision-making processes under the conditions of digitization and presents a window of opportunity to discuss the normative pillars of a renewed architecture for administrative decision-making. Automation creates an impetus for administrative actors to broaden their perspective from making singular, deterministic, and individual decisions to adopting a pluralist, probabilistic, and generalized approach to address any underlying more complex and dynamic problems. Therefore, this Article argues that the conventional normative goals of efficacy, efficiency, and legitimacy can only provide insufficient guidance for designing administrative technology. Instead, it proposes that administrative law should embrace the concept of “resilience” to open up a productive debate about the necessary framework of digitizing the executive branch in light of its current challenges.
With this backdrop, this Article investigates the structures and resources of resilience in administrative law. In particular, it asks which infrastructure and mechanisms the administrative state can invoke in the face of antidemocratic forces that challenge its integrity. It argues that a resilient construction of the digital administrative state rests on three pillars: employing administrative foresight, “strategy-proofing” the administrative process, and designing a choice architecture for the interaction between public officials and technological instruments
Climate Risk, Insurance Retreat, and State Response
Get PDFClimate change is fundamentally destabilizing the private insurance industry, with many high-profile insurance companies exiting states in the face of catastrophic, climateinduced risk. This rapid “insurance retreat” represents a major market signal in response to climate-exacerbated risks. Private businesses are making actuarial decisions, assessing that some locations are just too vulnerable to insure. At the same time, this insurance retreat also poses a policy challenge for states as they react to the mounting insurance gaps left by exiting private insurers. This Article analyzes insurance retreat, its attendant policy challenges, and the lessons that can be drawn from state responses. It first describes the causes and effects of private insurance retreat. Then, the Article examines different potential policy responses to insurance retreat, including interventions modeled after the federal National Federal Insurance Program (NFIP) as well as state insurance programs in California, Florida, and Louisiana. Finally, the Article offers a comparative analysis of these different policy response options. It observes that existing policies differ substantially along two important dimensions: 1) extent of government intervention, and 2) prioritization of physical risk concerns versus financial transition concerns. It also explores how the different state programs show surprisingly diverse policy approaches and how—contrary to assumptions—many do not actually subsidize insurance affordability. Through these observations, the Article uncovers unexpected examples of state insurance policies complementing, rather than contravening, pricing signals sent by private insurance retreat