Law Commons^™

Commercial Transportation, Madeline E. Mcneeley, Sarah L. Adle, Joshua H. Dorminy, Elizabeth M. Brooks, Stephen G. Lowry

Mercer Law Review

Commercial transportation involves all the significant forms of passenger and freight transportation across the United States. This Article surveys significant judicial, regulatory, and legislative developments in federal commercial transportation law affecting Georgia, Florida, and Alabama during the period from January 1, 2021, through December 31, 2021. The first three areas discussed here are subject to heavy federal regulation due to their far-reaching effects on interstate commerce: aviation, trucking and other commercial motor vehicles, and railroads. The remaining subjects covered in this Article— autonomous-vehicle technology, shareable electric bicycles, and shareable scooters—remain regulated primarily at the state and local levels but are …

Commercial Transportation, Madeline E. Mcneeley, Sarah L. Adle, Elizabeth M. Brooks, Joshua H. Dorminy, Stephen G. Lowry

Mercer Law Review

Commercial transportation involves all the significant forms of passenger and freight transportation across the United States. This Article surveys significant judicial, regulatory, and legislative developments in Georgia commercial transportation law from June 1, 2020, through May 31, 2021.

Commercial Transportation, Madeline E. Mcneeley, Sarah L. Adle, Joshua H. Dorminy, Elizabeth M. Brooks, Stephen G. Lowry

Mercer Law Review

Commercial transportation involves all the significant forms of passenger and freight transportation across the United States. This Article surveys significant judicial, regulatory, and legislative developments in commercial-transportation law affecting the federal judicial circuit including Georgia, Alabama, and Florida during the period from January 1, 2020, through December 31, 2020. The first three areas discussed here are subject to heavy federal regulation due to their far-reaching effects on interstate commerce: trucking and other commercial motor vehicles, aviation, and railroads. The other two areas discussed in this Article—autonomous-vehicle technology and shareable electric bicycles and scooters—are regulated primarily at the state and local …

No Shirt, No Shoes, No Mask, No Entry, And (Hopefully) No Lawsuits Under The Georgia Covid-19 Business Safety Act!, Franklin Schrum

Mercer Law Review

The COVID-19 Pandemic continues to send shockwaves throughout the United States and all other nations by impacting much more than just the way we live and go about our normal day. Today, in most states, it is considered a common norm to see someone wearing a mask, frequently using sanitizer, or even stocking up on an abnormal amount of household items like toilet paper. Globally, over a million lives have been lost, businesses have become bankrupt, and the economy initially fallen substantially due to the Pandemic. Prominent retailers such as Brooks Brothers, J. Crew, and JCPenney have all filed for …

The Compelled Commercial Speech Cases: Why Not Just Flip A Coin?, R. George Wright

Mercer Law Review

Government regulation of commercial enterprises takes many forms. Among the most familiar forms are requirements that commercial speakers convey particular government-approved commercial messages, presumably for the sake of some sufficient benefit to the persons thereby informed. This Article discusses the difficult problems generated by the case law of compelled commercial speech. Controversies and important paradoxes are examined herein, on the way to the surprising conclusion that in light of the ordinarily limited interests on both sides of the case, typical compelled commercial speech cases can be responsibly resolved, all else equal, by merely flipping a coin.

First, the Article briefly …

Commercial Transportation, Madeline E. Mcneeley, Yvonne S. Godfrey, T. Peyton Bell, Stephen G. Lowry

Mercer Law Review

Commercial transportation involves all of the significant forms of passenger and freight transportation across the United States. This Article surveys significant judicial and legislative developments in Georgia commercial-transportation law during the period from June 1, 2017 through May 31, 2019.

Three of the areas discussed here—commercial motor vehicles, aviation, and rail—are subject to heavy federal regulation due to their large effects on interstate commerce. Accordingly, motor-carrier and railroad law primarily saw developments pertaining to state procedure and in the interactions between state and federal law, while state aviation law primarily focused on Georgia’s efforts both to regulate and facilitate the …

Commercial Transportation, Madeline E. Mcneeley, Yvonne S. Godfrey, Andrew J. Conn, Stephen G. Lowry

Mercer Law Review

Commercial transportation involves all of the significant forms of passenger and property transportation across the United States. This Article covers four major areas: (1) trucking and commercial transit; (2) aviation; (3) limousines, taxis, and rideshare services; and (4) railroads. Most of these areas are subject to heavy federal regulation due to their involvement in and effect on interstate commerce. This Article surveys significant judicial, regulatory, and legislative developments in Eleventh Circuit commercial transportation law during the period from January 1, 2016 through December 31, 2017.

Commercial Transportation, Stephen G. Lowry, Madeline E. Mcneeley, Kristy S. Davies, Yvonne S. Godfrey

Mercer Law Review

Commercial transportation involves all of the significant forms of passenger and property transportation across the United States. This Article covers five major areas: (1) trucking; (2) aviation; (3) limousines, taxis, rideshare services, and commercial transit; (4) autonomous vehicles; and (5) railroads. This Article surveys significant judicial and legislative developments in Georgia commercial transportation law during the period from the beginning of the 2012 regular session of the 151st Georgia General Assembly through May 31, 2017.

Each of the areas covered are subject to heavy federal regulation. Much of this Article discusses Georgia's interaction with federal regulations and laws pertaining to …

Waiver Of The Right To Remove In Forum Selection Clauses Subject To The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, William E. Marple, Andrew O. Wirmani

Mercer Law Review

Three federal appellate decisions have now addressed whether, in cases subject to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), parties may agree to waive their right to remove to federal court through forum selection clauses. In all three cases, each court held that to be enforceable the waiver must be expressed in "clear and unequivocal" terms or meet some other heightened standard of scrutiny. These court decisions present several significant points. First, the decisions of these courts to deviate from general principles of contract construction and analyze the waiver issue under …

Commercial Law, Robert A. Weber Jr.

Mercer Law Review

This year's survey article attempts a synthesis of case law subdivided according to various aspects of a commercial practice. Topics discussed include banking/lender issues, collections, sales of businesses, pitfalls on the front end of a commercial transaction, and a miscellaneous catchall for cases that stubbornly defy categorization.

• Bank/Lender Issues
• Collections
• Pitfalls on the Front End
• Sales of Businesses
• Miscellaneous

Commercial Law, Robert A. Weber Jr.

Mercer Law Review

• Sales
• Notes and Guarantees
• Secured Transactions
• Drafting Considerations
• Collection Issues
• Miscellaneous

Commercial Law, Robert A. Weber Jr.

Mercer Law Review

No abstract provided.

Commercial And Banking Law, Robert A. Weber Jr.

Mercer Law Review

Last year's article limited its coverage to cases interpreting provisions of Georgia's Commercial Code. Although the courts have provided ample material to again dedicate the entire survey to that topic, to do so would ignore other substantive bodies of law that have had a significant impact on a commercial law practice. Therefore, in addition to a review of the standard Commercial Code topics (sales, negotiable instruments and bank collections, and secured transactions), this year's survey has endeavored to summarize case law and legislative enactments within the past year in the following categories: banking and finance, consumer protection, contracts of employment, …

Ucc Update: Revised Articles 3 And 4, Michael D. Sabbath

Mercer Law Review

The National Conference of Commissioners on Uniform State Laws and the American Law Institute, cosponsors of the Uniform Commercial Code ("UCC"), have approved comprehensive changes to Articles 3 and 4. The Revised Articles were initially presented to the various states for approval in early 1991. As of September 1996, forty-four jurisdictions have adopted the Revised Articles, most with few, if any, variations to the official text.'Revised Articles 3 and 4 became law in Georgia effective July 1, 1996.

Few debate that Prior Articles 3 and 4, which were drafted more than forty years ago, were in need of revision. Article …

Commercial Law, Robert A. Weber Jr.

Mercer Law Review

Commercial law is "the whole body of substantive jurisprudence ... applicable to the rights, intercourse, and relations of persons engaged in commerce, trade, or mercantile pursuits." Of course, an article on commercial law that used this statement to define its coverage would be completely unsuitable for a survey. The Author instead relied on Georgia's Commercial Code to determine the body of law to review in this Article and, accordingly, structured it in a similar fashion.

This Article covers case law and statutory amendments from June 1, 1994, through May 31, 1996. The review of Article 9 caselaw includes decisions by …

Adopting Article Iv: Can Consumers Afford To Rely On The Banks' Good Faith?, Robert A. Fricks

Mercer Law Review

In 1990 the National Conference of Commissioners on Uniform State Laws and the American Law Institute approved comprehensive changes to Articles 3 and 4 of the Uniform Commercial Code ("U.C.C."). These changes will greatly impact consumer transactions and alter the relationship between banks and their customers. As of December 1994, thirty-six states had adopted the revised Articles. While most states adopted them as written, some have made changes which provide the consumer with greater protection. The Georgia General Assembly will soon address the issue of whether to adopt the new Articles. At issue is whether the revisions warrant added consumer …

Commercial Law, James C. Marshall

Mercer Law Review

Georgia legislation concerning perfection of security interests, federal bankruptcy amendments, and a decision by the United States Supreme Court were the most significant developments in Georgia commercial law during the survey period.

Commercial Law, James C. Marshall

Mercer Law Review

Adoption of the Georgia versions of Article 4A and revised Article 8 of the Uniform Commercial Code ("U.C.C.") were the most significant developments in Georgia commercial law during the survey period. These changes became effective on July 1, 1992, long after the 1977 corresponding revisions of the Official Text of Article 8 sponsored by the Permanent Editorial Board for the U.C.C., but only shortly after the 1989 adoption of Article 4A as part of the Official Text. Article 4A is primarily concerned with wholesale wire transfers and should interest only a limited number of attorneys, and will not be discussed …

Equipment Leases Under The U.C.C. Article 2a—Analysis And Practice Suggestions, Robert D. (Bo) Strauss

Mercer Law Review

The Uniform Commercial Code ("U.C.C.") now has an article that directly covers equipment leases-Article 2A-although many states have not enacted it yet. Article 2A's scope extends to leases of "goods" (e.g., equipment and vehicle leases, but not leases of real estate, intangibles, or other nongoods).

Article 2A compiles and codifies the best of the common law of leases, and reduces the uncertainty created by inconsistent decisions under pre- 2A law. Pre-2A leasing law was hampered by uncertainties in the following areas in particular: (1) definitional (distinguishing a lease from a secured sale or loan), (2) applicability of U.C.C. Article 2 …

Uniform Commercial Code Revisions--State Bar Of Georgia Legislative Process, Richard P. Kessler Jr.

Mercer Law Review

The National Conference of Commissioners on Uniform State Laws ("NCCUSL") was created by the various states to draft and promote uniform laws for adoption by all states. For over ninety years the NCCUSL has drafted and proposed numerous uniform laws which the various states have enacted, the most notable of which being the Uniform Commercial Code ("UCC"). The UCC was offered to the states for their consideration in 1951.

The UCC has evolved over the last forty years and revisions adopted by the NCCUSL in response to changing commercial conditions have been submitted to the states for consideration. The State …

U.C.C. Article Two Warranty Disclaimers And The "Conspicuousness" Requirement Of Section 2-316, Bernard F. Kistler Jr.

Mercer Law Review

Under Uniform Commercial Code ("U.C.C.") section 2-314, a warranty that goods are "merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind." Among other definitions, this means that the goods will be "fit for the ordinary purposes for which such goods are used." A warranty of merchantability is implied in every contract for sale, "[uinless excluded or modified," because the expectation that goods will be fit for their ordinary purpose "is so commonly taken for granted that its exclusion from the contract is a matter threatening surprise and …

The Uniform Commercial Code: Will The Experiment Continue?, Fred H. Miller

Mercer Law Review

The first meeting of what was to become the National Conference of Commissioners on Uniform State Laws ("NCCUSL") was held on August 24, 1892, at Saratoga Springs, New York. The purpose was to explore methods for obtaining uniformity of state legislation to compliment what could be accomplished on the federal level. At this date, the Conference perceived that the power of the federal government was severely limited in dealing with many matters of state concern, and a viable alternative to attempting to obtain state laws to cover such. matters through agreement among the several states, a task many perceived almost …

Proposed Revisions To The Georgia Uniform Commercial Code: A Status Report, Albert H. Conrad Jr., Richard P. Kessler Jr.

Mercer Law Review

The Uniform Commercial Code (the "Code" or "U.C.C."), as promulgated in the 1950s through the joint efforts of the National Conference of Commissioners on Uniform State Laws (the "NCCUSL") and the American Law Institute (the "A.L.I."), represented an attempt to integrate all facets of commercial transactions involving personal property in a comprehensive law that could be adopted by all the states. The drafters of the Code did not envision, however, that multistate uniformity, once achieved by the Code, would remain fixed and inflexible. Changes in business practices and technology, developments in related areas of the law (both national and international), …

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.

Commercial Law, James C. Marshall

Mercer Law Review

The decade of the eighties saw substantial ground gained and lost by both sides of the seemingly interminable tug of war between debtors and creditors concerning the collection of deficiencies following nonjudicial sales of personal property. The first movement in this contest for the nineties, Contestabile v. Business Development Corp., occurred only twelve days into the decade. Although debtors clearly gained ground in this initial skirmish, how much ground is unclear.

Trademark Protection: Judicial Inconsistency In The Fifth Circuit, Julius R. Lunsford Jr., William R. Cohrs

Mercer Law Review

Plaintiff-appellant has had the misfortune ... to come before a panel of this Court allergic to the doctrine historically associated with us because of its nurture by our most illustrious judges . . . of protecting trade names [trademarks] against competition which will create confusion as to the source of goods sold under such names. The chance of the assignment calendar which has so operated against plaintiff might as easily have brought it success, to judge by the three most recent cases on this issue before us, the unanimous decision in each instance. . . of another panel. ... This …

Commercial Law, Alfred S. Lurey, M. Andrew Kauss

Mercer Law Review

Interest and usury and the Bankruptcy Reform Act of 19781 attracted the primary attention of the general assembly during the survey period, but significant legislative developments occurred in other commercial law areas as well. In addition, a number of decisions worthy of note were handed down by the appellate courts.

Drawers:. Check For Missing Endorsements On Joint Payee Checks, Suzanne Loyd Cassidy

Mercer Law Review

In Trust Company Bank v. Atlanta IBM Employees Federal Credit Union, the Georgia Supreme Court held that a missing endorsement is equivalent to an unauthorized endorsement for purposes of Georgia Code Ann. section 109A-4-406(4)." This section limits a bank customer to a one year period in which to discover and report unauthorized endorsements on checks.

Lease Or Security Interest: A Classic Problem Of Commercial Law, Joseph Epps Claxton

Mercer Law Review

Article 9 of the Uniform Commercial Code was drafted in such a manner as to cover almost all consensual security interests in personal property. With relatively few exceptions, the Article expressly applies "to any transaction (regardless of its form) which is intended to create a security interest in personal property." Therefore, in any consideration of the possible application of Article 9 to a particular set of facts, the first and most basic question to be resolved is whether a security interest exists. Ordinarily, the result of such an inquiry is not particularly elusive, but this fact should not obscure the …

Commercial Law, John M. Hewson Iii

Mercer Law Review

Last year's Survey reported that the field of commercial law was expanding rapidly and that the courts were receptive to innovative solutions to protect consumers from the rigors of the traditional commercial-law concepts. This year has been mixed. Some courts have pushed "consumerism" to new lengths, while other have retraced their steps from the extremes of the past few years and returned to more traditional commercial law concepts. This article discusses some of the more important developments in the peripheral area of Truth-in-Lending as well as report the cases and statutes for the 1975-76 year within the traditional realm of …