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Articles 61 - 77 of 77
Full-Text Articles in Law
Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Andrew B. Mcclintock, Allison C. Kessler
Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Andrew B. Mcclintock, Allison C. Kessler
Mercer Law Review
This Article addresses significant case law and legislative updates to Georgia domestic relations law that arose during the survey period from June 1, 2018 through May 31, 2019.
- Contract Rules
- Alimony
- Child Support
- Custody and Visitation
- Equitable Division
- Enforcement
- Attorney's Fees
- Appellate Practice
Legal Ethics, Patrick Emery Longan
Legal Ethics, Patrick Emery Longan
Mercer Law Review
This Survey covers the period from June 1, 2018–May 31, 2019.1 The Article discusses attorney discipline, ineffective assistance of counsel, bar admission, judicial ethics, malpractice, several miscellaneous cases involving legal ethics, and actions of the Formal Advisory Opinion Board.
- Lawyer Discipline
- Ineffective Assistance of Counsel
- Bar Admission
- Judicial Conduct
- Malpractice
- Miscellaneous Cases
- Formal Advisory Opinions
Local Government Law, Russell A. Britt, Michael C. Pruett, Jennifer D. Herzog, Brittanie Browning, Jacob Stalvey O'Neal, Pearson Cunningham
Local Government Law, Russell A. Britt, Michael C. Pruett, Jennifer D. Herzog, Brittanie Browning, Jacob Stalvey O'Neal, Pearson Cunningham
Mercer Law Review
Another banner year for local governments. A gubernatorial veto preserves, for now, the Georgia Supreme Court’s decision in Lathrop v. Deal that held sovereign immunity bars declaratory and injunctive relief claims against the state, including challenges to constitutionality under the state constitution. In the world of tax, some clarification on appraisal methodologies feature alongside cases notable for their unique procedural postures. A Georgia Supreme Court decision fleshes out what is required for a “meaningful” hearing to be afforded under zoning procedures law. Last year’s developments in the Open Meetings and Open Records Acts continue to bear fruit, and statutory construction …
Real Property, Linda S. Finley
Real Property, Linda S. Finley
Mercer Law Review
This Article surveys developments in Georgia real property law between June 1, 2018 and May 31, 2019. The Article covers noteworthy cases decided during this period by the Georgia Supreme Court, the Georgia Court of Appeals, the United States District Courts, and the United States Bankruptcy Court and includes information about legislation enacted during the survey period which affects real property law.
- Legislation
- Title to Real Property
- Sale of Real Property
- Easements, Covenants, and Boundaries
- Trespass and Nuisance
- Foreclosure of Real Property
- Condemnation and Eminent Domain
- Taxation of Real Property
State And Local Taxation, Brian Sengson, Diandria Green, David Greenberg
State And Local Taxation, Brian Sengson, Diandria Green, David Greenberg
Mercer Law Review
This Article surveys the most critical and comprehensive changes in Georgia law occurring between June 1, 2017, and May 31, 2019.1 In addition to noteworthy cases decided in state and federal courts, this Article details legislation enacted during the survey period that affects Georgia tax law.
- State Constitutional Changes
- Georgia Sales and Use Taxation
- Georgia Income Taxation
- State Tax Credits
- State Tax Controversy
Torts, Jarome E. Gautreaux
Torts, Jarome E. Gautreaux
Mercer Law Review
This Article addresses recent cases decided during the two-year survey period in the area of torts. It includes cases in most of the areas of tort law, including medical malpractice, and addresses defenses such as immunity.
- Immunity
- Ante Litem Notices
- Food Poisoning
- Premises Liability
- Medical Negligence
- Wrongful Death
Under Kemp’S Eye: Analyzing The Constitutionality Of The Heartbeat Restriction In Georgia’S Life Act And Its Potential Impact On Abortion Law, Brittney A. Sizemore
Under Kemp’S Eye: Analyzing The Constitutionality Of The Heartbeat Restriction In Georgia’S Life Act And Its Potential Impact On Abortion Law, Brittney A. Sizemore
Mercer Law Review
The current state of women’s right to bodily autonomy in the United States has eerily begun to resemble that of the dystopian society depicted in The Handmaid’s Tale. While abortion rates have steadily declined over the last decade, the attempts by state legislatures to restrict or completely take away women’s right to abortion have exponentially increased. In the first six months of 2019 alone, five states passed laws placing restrictions on abortion. These restrictions range from limiting the time frame in which a woman may obtain an abortion to when a fetal heartbeat has been detected—normally around six weeks—to a …
Business Associations, Stuart E. Walker
Business Associations, Stuart E. Walker
Mercer Law Review
This Article surveys a handful of noteworthy cases involving corporations and limited liability companies decided by the Georgia Supreme Court and the Georgia Court of Appeals between June 1, 2018 and May 31, 2019.
Labor & Employment Law, W. Melvin Haas Iii, W. Jonathan Martin Ii, Alyssa K. Peters, Patricia-Anne Brownback
Labor & Employment Law, W. Melvin Haas Iii, W. Jonathan Martin Ii, Alyssa K. Peters, Patricia-Anne Brownback
Mercer Law Review
This Article surveys revisions to the Official Code of Georgia Annotated (O.C.G.A.)1 and decisions interpreting Georgia law from June 1, 2018 to May 31, 2019,2 that affect labor and employment relations for Georgia employers.
- Recent Legislation
- Wrongful Termination
- Respondeat Superior
- Business Torts
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Mercer Law Review
This Article describes selected cases and significant legislation from the period of June 1, 2018 through May 31, 2019 that pertain to Georgia fiduciary law and estate planning.
- Setting Aside Probate
- Exoneration
- Trustee's Warranties
- Payment of Guardian ad Litem Fees in Guardianship Cases
Worker's Compensation, H. Michael Bagley, J. Benson Ward
Worker's Compensation, H. Michael Bagley, J. Benson Ward
Mercer Law Review
The 2018–2019 survey period featured important legislative changes as well as interesting decisions of the appellate courts addressing workers’ compensation issues on such wide-ranging topics as scheduled break exceptions, the Insolvency Pool, and occupational diseases.
- Legislative Update
- Intoxication and Drug Testing
- Ingress—Egress on Scheduled Breaks
- Insolvency Pool
- Evidence in Seeking Catastrophic Designation
- Exclusive Remedy
- Attorney's Fees
- Standard of Review/Occupational Disease
Remarks And Recreation: Recent Changes In The Recreational Property Act And The State Of The Law Going Forward, M. Blake Walker
Remarks And Recreation: Recent Changes In The Recreational Property Act And The State Of The Law Going Forward, M. Blake Walker
Mercer Law Review
In 1965, the Georgia General Assembly passed the Recreational Property Act (RPA or the Act), which generally grants landowners protection from liability when they open up their property for recreational purposes. Almost all states have enacted recreational use statutes, and it has been said that these statutes “codify tort principles that are universally recognized in common-law jurisdictions with regard to duties owed by owners and occupiers of property to those who come upon such property merely as licensees to use it for outdoor recreational purposes.” The Georgia version declares, “The purpose of this [law] is to encourage owners of land …
Construction Law, Frank O. Brown Jr.
Construction Law, Frank O. Brown Jr.
Mercer Law Review
This Article focuses on noteworthy decisions by Georgia appellate courts and Georgia federal district courts between June 1, 2018 and May 31, 2019, that are relevant to the practice of construction law.
- Arbitration
- Contract Disclaimers
- Indemnification Provisions
- Witness Value Testimony
- Acceptance Doctrine
- Apportionment of Damages
- Liquidated Damages
- Statute of Repose
Insurance, Bradley S. Wolff, Maren R. Cave, Thomas D. Martin
Insurance, Bradley S. Wolff, Maren R. Cave, Thomas D. Martin
Mercer Law Review
During this survey period, the courts in Georgia seemed to take a respite from the usual litany of automobile and uninsured motorist (UM) cases, the summaries of which typically populate this annual update. Instead, the courts seemed to focus more on liability insurance issues, rendering many decisions on well-known principles of law and a few important decisions concerning offers of settlement, counteroffers, notice, and the use of intervention in coverage disputes. Particularly noteworthy were two cases involving offers of settlement, one where an offer was deemed inadequate as a time-limited demand and another where acceptance of an offer was deemed …
Product Liability, Franklin P. Brannen Jr., Marcus Strong, Sean P. Robinson
Product Liability, Franklin P. Brannen Jr., Marcus Strong, Sean P. Robinson
Mercer Law Review
This Article surveys developments in Georgia product liability law between June 1, 2017 and May 31, 2019.1 It covers noteworthy cases decided during this period by the Georgia Supreme Court, Georgia Court of Appeals, and the United States district courts located in Georgia.
- Product Liability Claims
- Elements
- Defenses
- Spoilation
- Expert Testimony—The Daubert Standard
Trial Practice And Procedure, Brandon L. Peak, Joseph M. Colwell, Christopher B. Mcdaniel, Rory A. Weeks, Ramsey B. Prather, Michael F. Williford
Trial Practice And Procedure, Brandon L. Peak, Joseph M. Colwell, Christopher B. Mcdaniel, Rory A. Weeks, Ramsey B. Prather, Michael F. Williford
Mercer Law Review
This Article addresses several significant opinions and legislation of interest to the Georgia civil trial practitioner issued during the survey period of this publication.
- Appeals
- Apportionment
- Attorney's Fees
- Damages
- Discovery, Evidence, and Sanctions
- Dismissal and Renewal
- Jurisdiction and Venue
- Jury Instructions
- Offers of Judgment
- Statutes of Limitations
Is There A Georgia Supreme Court, Problem? Analyzing The Georgia Supreme Court’S New Peculiar Approach Towards Breathalyzers And Implied Consent Law, Brian Fussell Jr.
Is There A Georgia Supreme Court, Problem? Analyzing The Georgia Supreme Court’S New Peculiar Approach Towards Breathalyzers And Implied Consent Law, Brian Fussell Jr.
Mercer Law Review
Alcohol and criminal behavior often accompany each other as anyone with any experience with the justice system (or intoxicated people in general) can attest to. A significant percentage of the population would probably say their worst decisions and mistakes came about while under the influence of booze or other intoxicants, and crime statistics would back this up. Alcohol-related crime statistics in the United States compiled by AlcoRehab show around 500,000 cases of alcohol related violence every year and also demonstrate that an incredible 86% of homicides and 60% of sexual abuse or rape cases were committed under the influence of …