Law Commons^™

The Swift Rail Act: Will Sleepless Citizens Be Able To Quiet Train Whistles, And At What Cost?, Mark A. Gruenes

Northern Illinois University Law Review

Frustrated by the noise caused by train whistles, many Illinois municipalities have passed ordinances that ban trains from blowing their whistles at local crossings. Despite these local ordinances, however, railroads continue to instruct their engineers to sound whistles. Making matters worse for sleepless Illinois residents, the Federal Government entered the picture in 1994 when the Swift Rail Development Act of 1994 ("Swift Rail Act" or "Act") was made law. The Swift Rail Act directs the Secretary of Transportation ("Secretary") to promulgate regulations requiring trains to sound a "locomotive horn"' at all public highway-rail grade crossings. These regulations will preempt state …

Forum Shopping For Human Rights, Laurence R. Helfer

University of Pennsylvania Law Review

No abstract provided.

Taxation Of Loan Origination Expenditures: Lenders May No Longer Bank On Deductibility, Roger T. Weitkamp

Georgia State University Law Review

No abstract provided.

Engagement Letters In Transactional Practice: A Reporter's Reflections, D. Christopher Wells

Mercer Law Review

In recent years, lawyers have turned increasingly to written contracts, usually called "engagement letters," to memorialize their professional representations. This practice grows absent specific directives requiring such writings, apparently deriving from professional preference rather than mandatory rule. It grows also despite scant attention paid by law reviews and bar publications. Only infrequently do publications appear noting this practice or offering advice on drafting engagement letters. Even continuing legal education programs give them only occasional attention.

One of the most ambitious treatments of engagement letters came in 1997 from the State Bar of Georgia in the form of a report from …

Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger

West Virginia Law Review

No abstract provided.

It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament

Chicago-Kent Law Review

History reflects the social, religious and political importance of human hair. Individuals have used hairstyles to flaunt social conventions about gender, race, sexual identity, and social status. Totalitarian governments have regulated hairstyles as a means of social control and dehumanization. Today, advances in technology now make it possible to discover information about an individual's current or potential health status. Judicial decisions and administrative regulations offer individuals limited protection from state or institutional intrusion into the information revealed by genetic hair analysis. This Article argues that the explosion of technologies that use hair to reveal intimate details of an individual's biological …

Threats, Blackmail, Extortion And Robbery And Other Bad Things, Walter Block

Tulsa Law Review

No abstract provided.

Between Pretext Plus And Pretext Only: Shouldering The Effects Of Pretext On Employment Discrimination After St. Mary's Honor Center V. Hicks And Fisher V. Vassar College, Stefanie Vines Efrati

Chicago-Kent Law Review

No abstract provided.

The Fragmented Liberty Clause, Rebecca L. Brown

William & Mary Law Review

No abstract provided.

Lost Fidelities, Barry Cushman

William & Mary Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Recovering The Original Fourth Amendment, Thomas Y. Davies

Michigan Law Review

Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional argument and analysis. All such claims are subject to an implicit validity criterion - only historically authentic assertions should matter. The rub is that the original meaning commonly attributed to a constitutional text may not be authentic. The historical Fourth Amendment is a case in point. If American judges, lawyers, or law teachers were asked what the Framers intended when they adopted the Fourth Amendment, they would likely answer that the Framers intended that all searches and seizures conducted by government officers must be reasonable given …

Removal Jurisdiction And The All Writs Act , Lonny Sheinkopf Hoffman

University of Pennsylvania Law Review

No abstract provided.

Pondering Past Purposes: A Critical History Of American Adoption Law, David Ray Papke

West Virginia Law Review

No abstract provided.

A Critical Review Of The Law Of Business Loss Claims In Georgia Eminent Domain Jurisprudence, Charles M. Cork Iii

Mercer Law Review

The Georgia Constitution provides that "private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid." While the courts have recognized that a business is property within the meaning of the constitution, case law would rewrite this provision more or less as follows:

Private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid, except that the business of a property owner may be partially taken or damaged without compensation, and except that the business of a property owner or tenant may be temporarily …

Construction Law, Brian J. Morrissey, Timothy N. Toler

Mercer Law Review

The decisions rendered by the Georgia Supreme Court and Georgia Court of Appeals during this one-year survey period included a small opening in lender liability, a minimalist view of the requirements of evidence as it pertains to the law of fraud, an extensive discussion of the law of damages as it applies to construction contracts, and a harsh result because of failure to comply with the requirements of the mechanic's and materialmen's lien statute. This Article addresses these significant movements in the law and some of the reaffirmations of existing law in the construction field between June 1, 1998, and …

Business Associations, Paul A. Quirós, Lynn S. Scott, George Ward Hendon Jr.

Mercer Law Review

This Article surveys recent developments in Georgia's corporate, securities, partnership, and banking law. It covers noteworthy cases decided during the survey period' by the Georgia appellate courts, United States district courts located in Georgia, and the Eleventh Circuit Court of Appeals. Also included in this Article are highlights of recent revisions to the Official Code of Georgia Annotated ("O.C.G.A.").

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the domestic relations cases decided by the Georgia Supreme Court and the Georgia Court of Appeals during the survey period, twenty-seven are digested here. Possibly the most notable events of the survey period were pieces of legislation that were not enacted. A bill to restore direct appeals for certain domestic relations cases did not make it to the Governor's desk, and the Governor vetoed a bill that would have required trial judges hearing custody cases to consider the custodial elections of children between the ages of twelve and fourteen. While the Georgia General Assembly otherwise focused on ways to …

Torts, Deron R. Hicks, Mitchell M. Mckinney

Mercer Law Review

• Premises Liability
• Damages
• Products Liability
• Defamation
• Dog Bite

Equity Holders' Liability For Limited Liabilities Companies' Unrecoverable Debts—Reflections On Piercing The Corporate Veil Under German Law, Bernd Singhof

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Macao's Return: Issues And Concerns, Liuting Wang

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Israel Rejects Its Own Offspring: The International Criminal Court, Ayelet Levy

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Sentencing Juveniles For Murder In France And The United States: Are They Juveniles Who Commit Adult Crimes Or Adult Criminals Who Are Juveniles, Jennifer A. Zepeda

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Constitutionalization Of Children's Rights: Incorporating Emerging Human Rights Into Constitutional Doctrine, Barbara Bennett Woodhouse

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Three Concepts Of Children's Constitutional Rights: Reflections On The Enjoyment Theory, Laurence D. Houlgate

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

"C" Is For Constitution: Recognizing The Dure Process Rights Of Children In Contested Adoptions, Melissa Labarge

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Commercial Law, Robert A. Weber Jr.

Mercer Law Review

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

Administrative Law, Mark H. Cohen, David C. Will

Mercer Law Review

This Article covers important developments in Georgia administrative law for the two-year period from June 1, 1997 through May 31, 1999. Because administrative law has been omitted from major consideration in the Annual Survey of Georgia Law since 1987, this Article is an attempt to cover an additional period of review, which, the authors hope, will be continued in future surveys. This Article includes cases as well as a discussion of two significant legislative enactments during the survey period.

The Good, The Bad, And The Ugly: Drug Testing By Employers In Alaska, Mechelle Zarou

Alaska Law Review

No abstract provided.

The Alaska Marriage Amendment: The People’S Choice On The Last Frontier, Kevin G. Clarkson, David Orgon Coolidge, William C. Duncan

Alaska Law Review

No abstract provided.