Georgia Law Review

04/26/2023

In his Note, Alexander F. Krupp, Georgia Law '23, advocates for robust privacy legislation that takes full advantage of the expressive function of the law to meaningfully protect individual data privacy rights from corporate deregulators.

By Alexander F. Krupp. This Note advocates for robust privacy legislation that takes full advantage of the expressive function of the law to meaningfully protect individual data privacy rights from corporate deregulators.

04/25/2023

In his Note, Vol. 57 Executive Articles Editor Nicholas R. Lewis argues that qui tam legislation should be used to limit expansive executive war power, and offers a framework to do so through existing laws or new legislation.

By Nicholas R. Lewis. This Note argues that qui tam legislation should be used to limit expansive executive war power, and offers a framework to do so through existing laws or new legislation.

04/24/2023

In his Note, Hunter Davis, Georgia Law '23, examines the Tax Court's recent consumer loyalty rewards case—Anikeev v. Commissioner—and the question of which governmental entity should address the taxability of credit card rewards.

By Hunter Davis. This Note examines the Tax Court's recent consumer loyalty rewards case—Anikeev v. Commissioner—and the question of which governmental entity should address the taxability of credit card rewards.

04/19/2023

In his Note, Kasey Clark, Georgia Law '23, explains issues with the "three strikes rule" in the Prison Litigation Reform Act (PLRA) and advocates for courts to dismantle the rule after years of legislative inaction.

By Kasey Clark. This Note explains issues with the "three strikes rule" in the Prison Litigation Reform Act (PLRA) and advocates for courts to dismantle the rule after years of legislative inaction.

04/18/2023

In his Note, Vol. 57 Senior Managing Editor Logan Purvis reviews the history of Georgia's law for determining intellectual disability, the Supreme Court's rulings and guidance on the issue, and proposes changes to the law to remedy prejudice.

By Logan Purvis. This Note reviews the history of Georgia's law for determining intellectual disability, the Supreme Court's rulings and guidance on the issue, and proposes changes to the law to remedy prejudice.

04/04/2023

In Vol. 57 Issue 2, Zachary S. Price documents the variation in prosecutorial authority nationwide and argues that these varied positive laws should govern whether categorical nonenforcement violates a duty of faithful ex*****on.

By Zachary S. Price. This Article documents the variation in prosecutorial authority nationwide and argues that these varied positive laws should govern whether categorical nonenforcement violates a duty of faithful ex*****on.

04/03/2023

In Vol. 57 Issue 2, Samuel D. Brunson discusses the explosion of decentralized autonomous organizations (DAOs), their growth and development in relation to LLCs, and the obligations that come with their tax entity status.

By Samuel D. Brunson. This Article discusses the explosion of decentralized autonomous organizations (DAOs), their growth and development in relation to LLCs, and the obligations that come with their tax entity status.

03/31/2023

In his Article, Dan T. Coenen studies founding-era history and Constitutional text to evaluate the independent-state-legislature theory, concluding that it does not comport with a proper reading of the Constitution.

By Dan T. Coenen. This Article studies founding-era history and Constitutional text to evaluate the independent-state-legislature theory, concluding that it does not comport with a proper reading of the Constitution.

03/27/2023

In Vol. 57 Issue 2, Maytal Gilboa argues that "biased-but-reasonable" medical treatment evades liability under negligence law and proposes using the loss of chance doctrine to eliminate evidentiary hurdles and incentivize the elimination of bias.

By Maytal Gilboa. This Article argues that "biased-but-reasonable" medical treatment evades liability under negligence law and proposes using the loss of chance doctrine to eliminate evidentiary hurdles and incentivize the elimination of bias.

03/24/2023

Thank you to Dr. Amanda Reid, Dan Burke, Sharon Cop, Asaf Lubin, Gregory Dickinson, Rebecca Hamilton, Monika Ehrman, Roy Hadley, and Matthew Grocoff, who spoke at today's symposium.
An additional thank you to all who attended as well as our Executive Symposium Editors, Savannah Grant and Tripp Keeffe.

03/23/2023

Here is the program for tomorrow's symposium, "The Intersection of Law and Technology."

All are welcome to join us either virtually or in person. Virtual attendees can find the symposium here:
https://zoom.us/j/93376813763?pwd=ZjY1ZFFFeG1ua0t4R1dqMHhLWWdZQT09
Password: 64177

03/22/2023

In her Note, Cara Beth Musciano, Georgia Law '23, argues that regulators should develop a mandatory ESG disclosure framework to create accurate, reliable data and to prevent capital from being misallocated against investors' genuine sustainable efforts.

By Cara Beth Musciano. This Note argues that regulators should develop a mandatory ESG disclosure framework to create accurate, reliable data and to prevent capital from being misallocated against investors' genuine sustainable efforts.

03/20/2023

This week on the Blog, Copelenn McMahon, Georgia Law '23, explains the Survivors First Act, its flaws, and argues for the addition of an affirmative defense for victims of s*x trafficking in Georgia.

Copelenn McMahon, UGA '23, explains the Survivors First Act, its flaws, and argues for the addition of an affirmative defense for victims of s*x trafficking in Georgia.

03/16/2023

In her Note, Executive Managing Editor Destiny B. Barnett explores how laws favor traditional biological parents over the kinship caregiver role played by African American women and proposes changes to Georgia’s guardianship laws to remedy these inequalities.

By Destiny B. Barnett. This Note explores how laws favor traditional biological parents over the kinship caregiver role played by African American women and proposes changes to Georgia’s guardianship laws to remedy these inequalities.

03/15/2023

In her Note, Executive Online Editor Devin C. Berrigan argues that the frustration of purpose doctrine in contracts is ineffective and proposes alterations that would ease the burden on lessees by making lessors responsible more often.

By Devin C. Berrigan. This Note argues that the frustration of purpose doctrine in contracts is ineffective and proposes alterations that would ease the burden on lessees by making lessors responsible more often.

03/14/2023

Next Friday, The 57th Volume of the Georgia Law Review presents a symposium on The Intersection of Law and Technology.

We welcome you as we are joined by phenomenal panelists such as Dr. Amanda Reid, Dan Burke, Sharon Cop, Asaf Lubin, Gregory Dickinson, Rebecca Hamilton, and Monika Ehrman, with keynote speakers Roy Hadley and Matthew Grocoff.

03/13/2023

Rounding out Volume 57 Issue 1, Executive Notes Editor G. Max Miseyko highlights how the SPARC promises to reintegrate the reputational component that the S**C lacks and calls for the SEC to scrap most of its proposed S**C rules.

By G. Max Miseyko. This Note highlights how the SPARC promises to reintegrate the reputational component that the S**C lacks and calls for the SEC to scrap most of its proposed S**C rules.

03/13/2023

Issue 2 of Volume 57 is now available at https://georgialawreview.org/issue/7086

This issue features articles written by Samuel D. Brunson, Dan T. Coenen, Maytal Gilboa, and Zachary S. Price. Notes written by Kasey Clark and Logan Purvis.

Volume 57, Issue 2, by the Georgia Law Review

03/03/2023

This week on the blog, managing board editor Brianna Yates explains the school book ban signed by Governor Kemp, its implications, and emphasizes the importance of continuing to assess the law's efficacy moving forward.

Brianna Yates, UGA '23, explains the school book ban signed by Gov. Kemp, its implications, and emphasizes the importance of continuing to assess the law's efficacy moving forward.

02/27/2023

The Georgia Law Review is proud to announce the Executive Board and the Managing Board for our 58th Volume.

02/20/2023

In Vol. 56 Issue 3, current Editor-in-Chief of the Georgia Law Review, Millie Price, evaluates the snap removal loophole in 28 U.S.C. § 1441, its relationship with MDLs, and proposes solutions to prevent plaintiffs' motions from sitting undecided for years in MDLs.

By Millie Price. This Note evaluates the snap removal loophole in 28 U.S.C. § 1441, its relationship with MDLs, and proposes solutions to prevent plaintiffs' motions from sitting undecided for years in MDLs.

02/17/2023

In the first Issue of Volume 57, Sadie Blanchard argues, using a case study of the reinsurance industry, that heterogenous business networks are capable of sustaining high-stakes trade, contrary to the belief of some leading legal scholars.

By Sadie Blanchard. This Article argues, using a case study of the reinsurance industry, that heterogenous business networks are capable of sustaining high-stakes trade, contrary to the belief of some leading legal scholars.

02/15/2023

In his note, Volume 57 Executive Notes Editor K. L. Renner proposes that courts presented with reality television footage should be wary to admit it as character evidence lest the risk of prejudice steal the show.

By K. L. Renner. This Note proposes that courts presented with reality television footage should be wary to admit it as character evidence lest the risk of prejudice steal the show.

02/13/2023

In the first issue of Volume 57, Stephen Gillers analyzes provisions in the ABA's Model Rules and the D.C. Court of Appeals' professional conduct rules and explains how each rule may be a check on executive power.

By Stephen Gillers. This Article analyzes provisions in the ABA's Model Rules and the D.C. Court of Appeals' professional conduct rules and explains how each rule may be a check on executive power.

02/10/2023

In their new article in Vol. 57 Issue 1 of the Georgia Law Review, Richard L. Jolly, Valerie P. Hans, & Robert S. Peck offer six recommendations to help reintroduce democracy into the civil justice system, and in doing so, direct America back toward the nation's democratic aspirations.

By Richard L. Jolly, Valerie P. Hans & 1 more. This Article offers six recommendations to help reintroduce democracy into the civil justice system, and in doing so, direct America back toward the nation's democratic aspirations.

02/09/2023

Georgia Law Review is proud to announce the student notes that have been selected for publication in our 58th Volume.

02/08/2023

Please join us Friday, March 24th for The Georgia Law Review's Vol. 57 Symposium: The Intersection of Law and Technology.

We will be joined by phenomenal panelists such as Dr. Amanda Reid, Dan Burke, Sharon Cop, Asaf Lubin, Gregory Dickinson, Rebecca Hamilton, and Monika Ehrman, with keynote speakers Roy Hadley and Matthew Grocoff.

02/06/2023

In the 1st Issue of our 57th Volume, John T. Holden, Marc Edelman, & Michael A. McCann provide an overview of the right of publicity and discuss the legal risks facing the NCAA, collegiate conferences, schools, and athletes in this new world of college sports.

By John T. Holden, Marc Edelman & 1 more. This Article provides an overview of the right of publicity and discusses legal risks facing the NCAA, collegiate conferences, schools, and athletes in this new world of college sports.

01/20/2023

In a new blog post, Taylor Pittman, Georgia Law Class of 2023, argues that Georgia legislators should incentivize cryptocurrencies that require less energy in order to attract business but protect Georgians from cryptocurrencies' negative effects.

Taylor Pittman, UGA '23, argues that Georgia legislators should evaluate different cryptocurrencies to incentivize ones requiring less energy in order to attract business but protect Georgians from cryptocurrencies' negative effects.