Digital Commons Network^™

Owner Collusion Or Sound Fiscal Management: An Analysis Of Recent Events In Baseball's Labor Market, Robert A. Baade, Carolyn Tuttle

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Understanding Joint And Several Liability, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Toward Differential Case Management--Predictive Factors And Analysis In Oregon Dissolution Cases, Michael W. Finigan, Michael B. Wise, Christopher Simoni

Christopher Simoni

No abstract provided.

The Value Of Business-Related Information In The Academic Law Library, Christopher Simoni, Roy M. Mersky

Christopher Simoni

No abstract provided.

Responsabilidad Civil Y Derecho De Daños, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.

Continuous Versus Episodic Change: The Impact Of Civil Rights Policy On The Economic Status Of Blacks, John Donohue, James Heckman

John Donohue

No abstract provided.

Racial Discrimination In Business Transactions, Robert E. Suggs

Faculty Scholarship

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure …

Legal Pursuits Vol. 1 No. 2, Georgia State University Law Library

Law Library Newsletters

No abstract provided.

Ndls Update 12/1991, Notre Dame Law School

NDLS Update

No abstract provided.

Vol. 02, No. 04 (December 1991)

Res Ipsa Loquitur

No abstract provided.

Deterring Defendants From Taking The Stand: The Extension Of State V. Wickham To Rule 404(B), Jeanne Meyer, Jim O. Stuckey Ii

Alaska Law Review

No abstract provided.

An Analysis Of Jurisdictional Issues Presented When State-Employed Seamen Are Injured And Seek Redress, John Richard Fitzgerald

Alaska Law Review

No abstract provided.

Commercial Law, James C. Marshall

Mercer Law Review

On November 18, 1991, less than one week before the scheduled printing of this Article, a panel of the Georgia Court of Appeals ruled that Georgia's version of the Uniform Commercial Code ("U.C.C.") grants certain judgment creditors priority over later purchase money secured creditors. Given the obvious importance of this development, the editors of Mercer Law Review were kind enough to permit the author to append a hastily prepared discussion of the court's decision to the end of this Article. The reader consequently may wish to begin at the end.

Handicap Legislation, Todd J. Sanders

Mercer Law Review

On July 26, 1990, amid both a great deal of celebration and predictions of disaster, President Bush signed into law the Americans with Disabilities Act of 1990 ("ADA"). Although many commentators have written about the ADA's employment discrimination provisions, they have given relatively little attention to Title III of the ADA. Title III concerns public accommodations and transportation systems such as railroads, buses, and demand responsive forms of transportation. The ADA's purpose is to make public accommodations more accessible to persons whom the ADA defines as disabled. Title III requires more than reserving handicapped parking spaces and building ramps for …

Appellate Practice And Procedure, Marion T. Pope Jr., Ann H. Kelley

Mercer Law Review

Practitioners in Georgia's state appellate courts recognize that the most important step in the appellate process is to first ascertain the proper procedure to insure that their appeal is properly before the court, Because the statutory and decisional law governing appellate practice and procedure is not immutable, the appellate practitioner must consistently strive to stay abreast of the law in this area. With these thoughts in mind, this Article will survey selected opinions of Georgia's state appellate courts pertaining to appellate practice and procedure rendered during the period from June 1, 1988 to May 31, 1991. The Article will also …

Construction Law, Brian J. Morrissey, Matthew W. Wallace

Mercer Law Review

Transactions within the construction industry are becoming increasingly complex as lawyers are required to consider intricate questions concerning such diverse areas as lender liability, insurance, and environmental law, along with the more traditional tort and contract principles. The recent economic downturn in the construction industry has changed the nature of the relationships between contractor, subcontractor, and developer, complicating the lawyer's task. This economic downturn has also sharpened the conflict in the Georgia Court of Appeals between age-old principles of contract and banking law and newer principles that may better reflect the increasingly complex legal environment. For example, Georgia courts have …

Domestic Relations, Barry B. Mcgough, Andrea G. Alpern

Mercer Law Review

In this survey period, the supreme court stretched its long-arm to overrule two earlier cases and to hold that compliance by a nonresident with a Georgia divorce decree does not insulate the nonresident from jurisdiction in Georgia. With a strong arm, the supreme court held that the child support guidelines are an optional "computational reference" and that trial courts lack the authority to award the federal income tax dependency exemption to noncustodial parents. Overruling a recent decision, the supreme court held that the interlocutory-application subsection, section 5- 6-34(b) of the Official Code of Georgia Annotated ("O.C.G.A."), must be followed in …

Torts, Cynthia Trimboli Adams, Charles R. Adams Iii

Mercer Law Review

It was a survey period marked by the lack of reconciliation. As always, the victims of civil wrongs other than breaches of contract, unreconciled to the perpetrators of those wrongs, sought redress instead 'in the courts, especially, for present purposes, the appellate courts. Plaintiffs remained unreconciled to the limitations on their rights in malpractice cases and prosecuted more appeals than ever in this burgeoning legal field. Defendants of many stripes, and some plaintiffs, too, unreconciled to the litigational tactics of their adversaries, continued to flood the courts with allegations of abusive litigation. The courts themselves, apparently unreconciled to some of …

Wills, Trusts, And Administration Of Estates, James C. Rehberg

Mercer Law Review

This survey period saw the enactment of Georgia's first comprehensive trust code, the enactment of less sweeping but still significant amendments affecting wills and administration of estates, and the usual number of judicial decisions in these areas.

Real Property, Robert L. Foreman Jr., T. Daniel Brannan, Stephen M. Lamastra

Mercer Law Review

During the survey period, many cases addressed real property issues in Georgia. Georgia courts were most active in the areas of zoning, condemnation, and landlord-tenant law. In the following pages, the authors review certain cases that signal developing trends or provide guidance in a specific area of the law.

• Mineral Rights
• Easements
• Construction of Document
• Mortgages and Security Deeds
• Foreclosure
• Dispossession
• Landlord and Tenant
• Liens
• Sales Contracts
• Vendors and Purchasers
• Real Estate Brokers
• Trespass on Realty
• Zoning
• Eminent Domain and Condemnation
• Transfer Tax
• Legislation

Insurance, Maximilian A. Pock

Mercer Law Review

The big news for 1991 is the repeal of Georgia's No-Fault Act. The Dawkins/Taylor Bill,1 which became law in- April 1991 and effective on October 1, 1991, surgically exscinded all no-fault provisions from the Georgia Motor Vehicle Accident Reparations Act and replaced them with an extensively revamped compulsory automobile liability insurance system. During its sixteen-year reign, Georgia's no-fault regime, embroidered by numerous amendments, has spawned an amount of litigation that rivals or surpasses that of the Uninsured Motorist Act. At least ten percent of all appellate judge-time was devoured by no-fault cases. Accordingly, the purveyors of no-fault, who captured our …

“If Angels Were To Govern”: The Need For Pragmatic Formalism In Separation Of Powers Theory, Martin H. Redish, Elizabeth J. Cisar

Duke Law Journal

No abstract provided.

The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman

Duke Law Journal

No abstract provided.

Sports Self Governance: Is It The Noblest Form Or Arbitrariness?, Peter J. Carton Jr.

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Public Records - National Collegiate Athletic Association And Southwest Conference Are Not Covered By State Freedom Of Information Act. Kneeland V. Ncaa, 850 F.2d 224 (5th Cir. 1988)., Marc A. Eichler

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Torts - University Liability For Educational Malpractice And Exploitation Of The Student-Athlete - Ross V. Creighton University, 740 F. Supp. 1319 (N.D. Iii. 1990)., Paul S. Huelbig

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Evaluating And Admitting Expert Opinion Testimony In Child Sexual Abuse Prosecutions, Diana Younts

Duke Law Journal

No abstract provided.

Legislation For The Glory Of Sport: Amateurism And Compensation, Kenneth L. Shropshire

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Observations On The World Of Sports In The 1990'S, Frank Cashen

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Why Can't Johnny Read Or Play? The Participation Rights Of Handicapped Student-Athletes, Robert E. Shepherd Jr.

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.