Archive by Author

Eleventh Circuit Upholds Mini-Miranda Warnings and Maintains That Individual Caller’s Identity Not Required to Satisfy FDCPA

Eleventh Circuit Upholds Mini-Miranda Warnings in Initial Voicemail to Debtor, Maintains that Individual Caller’s Identity Not Required to Satisfy Fair Debt Collection Practices Act. Gilbert Oladeinbo* Recently, in Hart v. Credit Control, LLC, No. 16-17126 (11th Cir. 2017), the Eleventh Circuit determined two questions of interpretation of the Fair Debt Collection Practices Act (FDCPA).  First, […]

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Eleventh Circuit Rules Number-of-Victims Sentencing Enhancement Inapplicable to Single-Package Theft

Eleventh Circuit Rules Number-of-Victims Sentencing Enhancement Inapplicable to Single-Package Theft Michael Ackerman* On April 23, 2016, Jhonathan Tejas approached a United States Postal Service (“USPS”) delivery vehicle and requested a package from the mail carrier. United States v. Tejas, No. 16-16336, 2017 WL 3611975, at *1 (11th Cir. Aug. 23, 2017). When the carrier refused, […]

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Eleventh Circuit Defers to International Arbitrator’s Venue Determination

Eleventh Circuit Defers to International Arbitrator’s Venue Determination Ben Torres* The Eleventh Circuit recently affirmed the power of arbitrators to interpret international venue disputes in Bamberger Rosenheim, Ltd. v. OA Development, Inc., 862 F.3d 1284, 1286 (11th Cir. 2017). In that case, a real estate developer from Georgia, OA Development, Inc. (“OAD”), entered into a […]

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Eleventh Circuit Affirms Drug and Firearm Conviction in United States v. Lange

Eleventh Circuit Affirms Drug and Firearm Conviction in United States v. Lange Alex Weathersby* Arthur Kyle Lange sold guns and drugs five separate times to a government informant. United States v. Lange, 862 F.3d 1290, 1292 (11th Cir. 2017). He pled guilty to various offenses related to the transactions, and the United States District Court […]

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Eleventh Circuit Aces Civil Procedure Exam in Thermoset Corp.

Eleventh Circuit Aces Civil Procedure Exam in Thermoset Corp. Steven Zavodnick* Acting sua sponte, the Eleventh Circuit reaffirmed the maxim that federal courts are courts of limited subject matter jurisdiction and vacated the district court’s order of summary judgment to the defendants in Thermoset Corp. v. Building Materials Corp. of America, 849 F.3d 1313, 1315 […]

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Eleventh Circuit Upholds Ineligibility of Sentence Reduction Following Plea Agreement in United States v. Hughes

Eleventh Circuit Upholds Ineligibility of Sentence Reduction Following Plea Agreement in United States v. Hughes Katie Wroten* Defendant’s appeal in United States v. Hughes, 849 F.3d 1008 (11th Cir. 2017), follows the Northern District of Georgia Court’s decision to deny a sentence reduction previously agreed upon in a plea arrangement. Because the sentence in the […]

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Untapped Potential: How Georgia’s Beer Distribution Laws Stifle the Craft Beer Industry

Beer consumption in the United States is a $100 billion annual industry and is composed of five different kinds of drinks: domestic beer, imported beer, craft beer, hard ciders, and flavored malt beverages. Brewing goliaths Anheuser-Busch InBev and SABMiller dominate the American beer industry, comprising over 75% of the market. While the domestic-beer category comprises the largest segment of the beer market, most of the top domestic brands have experienced a reduction in sales in recent years. Some of the reduction in sales has been attributed to consumers’ desire for more flavorful beer. Consequently, many consumers are turning to craft beer.

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Announcing our 2017 Symposium! “Protect and Serve: Perspectives on 21st Century Policing”

The Georgia Law Review is pleased to announce that it will present a symposium titled “Protect and Serve: Perspectives on 21st Century Policing” on Friday, January 27, 2017. Police practices and community expectations of the duties of law enforcement personnel often lead to sweeping changes in criminal law. The recent news coverage of policing issues […]

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What Did the Supreme Court Hold in Heffernan v. City of Paterson?

Reasoned opinions count as much or more than outcomes, partly because “reasoned response to reasoned argument is an essential aspect of [the judicial] process,” and partly because “the opinion has as one if not its major office to show how like cases are properly to be decided in the future.” Scrutiny of the Supreme Court’s reasons is called for not only when the result seems doubtful, but also when the result is intuitively appealing. Weak reasons may in the long run undermine a holding that deserves a better foundation than the Court has built for it, or at least distort and delay the elaboration of doctrine. When the intuition behind the holding deserves broader application than the Court’s reasons can support, an effort to identify more convincing reasons is an especially worthwhile project.

Heffernan v. City of Paterson, illustrates the good result/weak reasons problem.

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From Russia without Love

  From Russia without Love *Chris Collins After dissolving their 16 year marriage, Anna Sergeeva, Appellee, and Mikhail Leopoldovich Dubin pursued a division of marital assets in Hoamvnischesky District Court of Moscow.  Sergeeva v. Tripleton Int’l Ltd., No. 15-3008, 2016 WL 4435616, at *1 (11th Cir. Aug. 23, 2016).  Ms. Sergeeva claimed that her ex-husband […]

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