Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 5 of 5
Full-Text Articles in Law
Codification And Consequences: The Georgian Motif, R. Perry Sentell Jr.
Codification And Consequences: The Georgian Motif, R. Perry Sentell Jr.
Scholarly Works
For roughly the last 45 years, the Georgia statutory scene has featured both codification species--a statutorily sanctioned code of 1933, and a supplemented and "annotated" code of private publication. For many purposes this situation was of little interest or importance; on occasion, however, the point could become one of ominous significance, particularly for lawyers (and their clients). Perhaps a brief account of a few of those occasions and a summary description of the current codification effort--itself already the subject of litigation--will prove of general interest.
A Model First-Party Insurance Excess-Liability Act, Eric M. Holmes
A Model First-Party Insurance Excess-Liability Act, Eric M. Holmes
Scholarly Works
The purpose of this article is to study the various statutes concerning first-party, excess-liability in an effort to compose a model act. The primary issues affecting this problem are two-fold: First, what type of extra-contract damages should be available (e.g., attorney fees, litigation expenses, consequential losses, emotional distress, punitive damages); and second, should these extra-contract damages be based on an equitable standard of good-faith conduct (fault) or on strict liability principles (no fault)? These are crucial questions as the division between contract and tort becomes ever more blurred in modern law.
Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley
Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley
Scholarly Works
In 1878 Cardaillac defined extradition as “the right for a State on the territory of which an accused or convicted person has take refuge, to deliver him up to another State wich has requisitioned his return and is competent to judge and punish him.” The term “extradition” was imported to the United States from France, where the decret-loi of Febraury 19, 1791, appears to be the first official document to have used the term. The term is not found in treaties or conventions until 1828. The Latin equivalent to extradition, “tradere”, is not found in early Latin works, but the …
Material Witness And Material Injustice, Ronald L. Carlson, Mark S. Voelpel
Material Witness And Material Injustice, Ronald L. Carlson, Mark S. Voelpel
Scholarly Works
No serious student of the adversary system can ignore the grave threat to the integrity of the American witness process posed by this nation’s material witness statutes. These outmoded laws, some dating back to the territorial period of a state’s history, are not invoked in every case, perhaps not even routinely, but when dusted off and put into operation, these archaic statutes result in innocent citizens spending weeks – even months – in custody. To remedy such injustices the authors, after examining cases decided and legislation adopted during the last ten years, will propose a model material witness law that …
Statutes Of Nonstatutory Origin, R. Perry Sentell Jr.
Statutes Of Nonstatutory Origin, R. Perry Sentell Jr.
Scholarly Works
It is appealing, perhaps, to envision the legislative process as the fountainhead of public policy, most representative of society's felt needs, and the branch of government most unrestrained in responding to those needs. Shackled by neither the presence of a specific litigated controversy nor the absence of the power of appropriation, the legislative branch presumably possesses the most peripheral perspective and the most undiluted source of solution. Bounded only by the vague confines of practical politics, the legislature enjoys unique theoretical status in foreseeing and formulating rather than merely reflecting and reacting.