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Hellerstein\u27s treatise quoted in Minnesota Supreme Court opinion
No full textDistinguished Research Professor & Shackelford Distinguished Professor in Taxation Law Emeritus Walter Hellerstein\u27s treatise State Taxation was quoted by the Minnesota Supreme Court in Cities Management, Inc. v. Commissioner of Revenue (Nov. 22, 2023) addressing the taxation of a nonresident’s income from the sale of goodwill
Opening Remarks
No full textOpening remarks for the 35th Annual Red Clay Conference by University of Georgia School of Law Associate Dean Melissa Durkee
Responsibilities of Corporations
No full textPanelists discussed how corporate governance can reduce environmental externalities.
Moderator
Associate Dean Melissa Durkee - UGA Law
Panelists
Christopher Bruner - UGA Law
Michael Vandenbergh - Vanderbilt Law School
Kelly Rondinelli - Vinson & Elkin
Future-Proofing U.S. Laws for War Crimes Investigations in the Digital Era
Get PDFAdvances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.
This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It analyzes Republic of Gambia v. Facebook(Meta), the first case to seek digital evidence from a U.S. social media company for an international proceeding on genocide. And it draws on material gleaned from background interviews with international investigators seeking digital evidence held by U.S. social media companies in relation to atrocities in Myanmar and Ukraine. This reveals two key problems facing international investigators. First, and in contrast to their counterparts in domestic criminal investigations, the Stored Communications Act provides no pathway through which international investigators can overcome the prohibition on disclosure of private digital evidence. Second, the ability of international investigators to access quasi-public digital evidence, and/or digital evidence that was public but has been removed by a social media company, is at the discretion of the social media company. A significant risk emerging from this arrangement is that evidence disclosure decisions are not made in a consistent and principled manner, but are instead driven by the self-interest of a few U.S. corporations, creating disparate outcomes across victim groups.
The Article recommends two, non-exclusive, reforms that could be undertaken in the short term to advance principled disclosure decisions for accountability, while ensuring privacy protections and data security. It also urges U.S. social media companies to develop and publish their own interim guidelines on how they make evidence disclosure decisions, with a presumption in favor of disclosing removed public and quasi-public evidence needed for the pursuit of accountability for the international crimes of genocide, war crimes, crimes against humanity, and aggression. The Article concludes by pointing to the need for a long-term incremental process of research, reform, and review to future-proof U.S. law for war crimes accountability in the digital era
The Case for the Current Free Exercise Regime
Get PDFHow the Supreme Court ought to implement the Free ExerciseClause has been one of the most controversial issues in U.S. rights discourseof the past fifty years. In Fulton v. City of Philadelphia, a majority of thejustices expressed dissatisfaction with the standard articulated inEmployment Division v. Smith, but they could not agree on what ought toreplace it. This Essay argues that focusing on whether to overrule Smith is adistraction from the sensitive task of implementing the Free Exercise Clause.This is not because Smith was “right,” but because (1) the history andtradition are both indeterminate about accommodations from generallyapplicable laws, giving judges a measure of discretion about how to implementthe Clause; (2) Smith has always been only one component of a much largerAmerican legal regime with extraordinarily robust free exercise rights; and(3) subsequent cases have rendered the Smith doctrine so malleable that itis now arguably more protective of religious exercise than the pre-Smith regimehad ever been.So the question is not whether to keep Smith but how the Court ought toimplement the Clause, consistent with the original understanding, tradition,precedent, and the broader legal protections for religious exercise. This Essayargues that the Court should announce constitutionally mandatedaccommodations when there is reason to suspect that the political process thatwould ordinarily have yielded a religious accommodation failed to do sobecause of a political blind spot or bias. Applied delicately, with an eye towardpromoting the American tradition of political, rather than judicial,accommodations, the “most-favored-right” doctrine, for all its conceptual faults,can serve that purpose, especially when coupled with robust, context-specificprotections for discrete categories of religious exercise like speech, assembly,association, and ministerial employment
Volume 57, Issue 1 (2023)
Get PDFTABLE OF CONTENTS PAWS receives 1M+ secured for survivor of child sexual abuse UGA Foundation helps create scholarships/professorships Three national advocacy titles U.S. deputy attorney general serves as House Lecturer First Black graduate portrait displayed in rotund
The Law of American Health Care (Third Edition)
No full textA student-friendly casebook for the new generation of health lawyers in an evolving legal landscape, The Law of American Health Care emphasizes lightly, carefully edited primary source excerpts, plain-language exposition, focused comprehension questions, and problems for concept application. It introduces key themes and uses them as a conceptual anchor so when the law inevitably changes, students have tools to nimbly move forward. These themes include: federalism; individual rights; fiduciary relationships; the administrative state; markets and regulation; and equity and distribution. The book engages topics in-depth, to give students a comprehensive understanding of the most important features of health care law and hands-on experience working through cutting-edge issues.
New to the 3rd Edition: Current debates about government power among public health officials, legislatures, judges, and other state actors, including issues arising from the COVID-19 pandemic Public insurance materials reorganized so students can better absorb Medicare/Medicaid and apply lessons of the pandemic and litigation over various issues Solidification of ACA reforms, including surprise billing legislation and changes in the exchange subsidies that attempted to fill the Medicaid coverage gap Consolidated health care business organization materials New/revised materials and new cases in tax exempt entities and health care fraud/abuse, state action doctrine, and discrimination in healthcare/health insurance (including history of attempts to address health care discrimination, 1964 Civil Rights Act Title VI, ADA, HIPAA portability, ACA guaranteed issue, renewal, community rating, and Section 1557) Government enforcement’s more aggressive approach to labor issues Dobbs v. Jackson Women’s Health and ensuing state law chaos and federal/state conflicts Increased use of digital health care tools and telehealth driven by the pandemic Right-to-try movement and other features of biomedical research that became more relevant during the pandemichttps://digitalcommons.law.uga.edu/books/1172/thumbnail.jp
Law of Neighbors
No full textLaw of Neighbors examines issues and new developments in neighboring property law, discussing land use, airspace, zoning, rights, and federal, state, and local regulations. It provides citations to leading authorities and analyzes important modern cases with footnotes suggesting further research materials.
The authors discuss specialist areas affecting the field — as well as traditional doctrines of real property law — and examine how the modern legal system shapes and circumscribes the relative rights of landowners.
Sections cover: Nuisance Trespass Support of Land and Improvements Airspace Adverse Possession and Boundary Disputes Agreements Among Neighbors Private Enforcement of Zoning State Environmental Legislation Enforcement of Federal Environmental Statutes Water Rights Condominiums Cooperatives Timesharinghttps://digitalcommons.law.uga.edu/books/1181/thumbnail.jp
Hosting A Homeschool Happening: Outreach with Optimism
Get PDFHomeschooling parents, students, and instructors across the state all know that it can be tricky to connect authentically with this underrepresented community, and that traditional outreach, promotion, and participation formats can present design and instruction challenges. So, in February 2023, librarians from the Digital Library of Georgia in connection with members of the Firefly Homeschool Community, delivered a hybrid online webinar/workshop built to seek strategies to improve academic outcomes.
We have developed a case study from our most recent efforts, and plan to discuss our timeline from brainstorming our initial event, to implementing future ideas and plans, and discovering new learning opportunities by using DLG and GALILEO resources within these increasingly popular nontraditional K-12 venues.
Takeaways will include lessons learned about how to build successful outreach and promotion mechanisms, to assess the variety of assorted instructional technologies purportedly built to support homeschooling, and to respond to survey results we collected from the homeschool community at the beginning of 2023. We will close with an open discussion that invites the audience to share their own success stories about how they have developed engaging and rigorous educational programming on behalf of their homeschoolers