Law Commons^™

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The arresting officer established the case and the Defendant, sensing the inevitability of his plight, entered a plea of guilty. The City Court Judge, a compassionate man, ... began his routine of delivering a short lecture on the evils of alcohol .... "Now you see, John, this... is a perfect example of what happens when you start drinking. You go out, you get drunk, you get behind the wheel, and here you are severely injured. By the way, what's your prognosis?" It was apparent ... that [the Defendant] considered the Judge's question to be of utmost importance. However, it was …

Just Hangin' Around: Gangs And Due Process Vagueness In City Of Chicago V. Morales, Jerritt Farrar

Mercer Law Review

In City of Chicago v. Morales, the Supreme Court revisited the issue of the constitutionality of municipal and state loitering laws. In this case the Court was presented with a Chicago municipal ordinance that prohibited individuals from loitering with known gang members. The Court struck down the ordinance as overly vague under the Due Process Clause of the Fourteenth Amendment. It found that the law gave too much discretion to police officers charged with its enforcement and did not define its crucial terms specifically enough. The Court was closely divided, however, and both the concurring and dissenting Justices gave …

Seay V. Cleveland: Resolution Of The Ministerial Discretionary Dichotomy, Franklin D. Guerrero Jr.

Mercer Law Review

In 1992 the Georgia State Legislature passed the Georgia State Tort Claims Act ("GTCA") which waived the state's sovereign immunity. The GTCA defines "state" as the "State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions" but the statute specifically excludes "counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities." Under the GTCA a discretionary function or duty is specifically defined by statue. However, the common law distinction between ministerial and discretionary functions still applies to all entities exempted from the GTCA.