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Advocate, Fall 1978, Vol. 14, No. 3, Office Of Communications And Public Relations Oct 1978

Advocate, Fall 1978, Vol. 14, No. 3, Office Of Communications And Public Relations

News @ UGA School of Law

Dean's Annual Report Message; Law Day 1978; Graduation; Visitors of Note; Faculty Activities and Publications; End of the Academic Year Awards; Student News; Order of the Coif Inductees; ICJE and Placement; Class of 1978 Scatters; Talmadge Fund Update; Alumni News; Annual Fund Honor Roll; Announcements


Generic Trademarks, The Ftc And The Lanham Act: Covering The Market With Formica, David E. Shipley Oct 1978

Generic Trademarks, The Ftc And The Lanham Act: Covering The Market With Formica, David E. Shipley

Scholarly Works

This article focuses on the FTC's authority under section 14 of the Lanham Act to petition for the cancellation of a trademark on the ground that the mark has become "the common descriptive name of an article or substance" and, thus, generic. The FTC's recent decision to challenge Formica Corporation's FORMICA trademark manifests a shift in agency policy which is highly inappropriate and which could have damaging effects on consumers and industry. Competition and the public interest would be better served if the FTC did not exercise this discretionary power, leaving the issue of whether a trademark should be cancelled …


Volume 14, Issue 3 (Fall 1978), University Of Georgia School Of Law Oct 1978

Volume 14, Issue 3 (Fall 1978), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

  • Dean's Annual Report Message
  • Law Day 1978
  • Graduation
  • Visitors of Note
  • Faculty Activities and Publications
  • End of the Academic Year Awards
  • Student News
  • Order of the Coif Inductees
  • ICJE and Placement
  • Class of 1978 Scatters
  • Talmadge Fund Update
  • Alumni News
  • Annual Fund Honor Roll
  • Announcements


"Just Sign Here--It's Only A Formality": Parol Evidence In The Law Of Commercial Paper, Ellen R. Jordan Sep 1978

"Just Sign Here--It's Only A Formality": Parol Evidence In The Law Of Commercial Paper, Ellen R. Jordan

Scholarly Works

Part I will argue that certainty is especially important in the law of negotiable instruments, although it does not outweigh all other values. In light of the need for certain rules, this Article will consider the policy choices made by the drafters of the Uniform Commercial Code's Article 3 on Commercial Paper with respect to parol evidence. Part II will examine certain parol evidence that is admissible against even the law's most favored plaintiff, the holder in due course. Part III will focus on the Code's indirect treatment of the most troublesome parol evidence problems, those which arise when the …


Judge Lewis R. Morgan: A Partisan Retrospective, Robert D. Brussack Sep 1978

Judge Lewis R. Morgan: A Partisan Retrospective, Robert D. Brussack

Scholarly Works

Professor Brussack first presented his tribute to Judge Morgan at a gathering of Judge Morgan's colleagues and former law clerks on October 20, 1978, at the University of Georgia School of Law.


The Probate And Establishment Of Domestic And Foreign Wills: An Analysis Of Statutory Requirements, Verner F. Chaffin, Donna G. Barwick Sep 1978

The Probate And Establishment Of Domestic And Foreign Wills: An Analysis Of Statutory Requirements, Verner F. Chaffin, Donna G. Barwick

Scholarly Works

In our mobile society, ownership of property in Georgia by nonresidents is increasing. Few, if any, nonresidents prepare separate wills to dispose of their property in a foreign state or make sure that the one will adheres to the formalities of every state in which they own property. Thus, it is reasonable to expect that the problems of probate of foreign wills will increase in future years. Likewise, Georgia testators increasingly desire to name family members or friends domiciled in other states to serve in a fiduciary capacity under their wills. This Article will describe contemporary statutory patterns which deal …


The Omen Of "Openness" In Local Government Law, R. Perry Sentell Jr. Sep 1978

The Omen Of "Openness" In Local Government Law, R. Perry Sentell Jr.

Scholarly Works

In the realm of government, the goal of publicity translates into "openness," and its proponents have long cited James Madison: "A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both." In recent times, openness in government--and the quest for it--have experienced a resounding revival of interest. The result is yet another of those intriguing domains where basic traditional sentiments merge with intense modern reforms. Governments at all levels have felt the impact of that revival, an impact produced by diverse developments in various contexts. Three …


A Model Of The Law Communication Process: Formal And Free Law, Sandra M. Huszagh, Fredrick W. Huszagh Sep 1978

A Model Of The Law Communication Process: Formal And Free Law, Sandra M. Huszagh, Fredrick W. Huszagh

Scholarly Works

This Article and the one to be published in the next issue depict how government decrees are made available to citizens and identify those conditions under which various citizens are not likely to acquire the knowledge essential for the deference that American government requires. The process by which government communicates its commands to citizens is often inadequate to make individuals or organizations aware of applicable laws. Even if the citizen receives the law, he may fail to understand or respond to the law as the law-drafters intended. The roots of these failures can be examined alternatively by (1) analyzing the …


Local Government "Home Rule": A Place To Stop?, R. Perry Sentell Jr. Jul 1978

Local Government "Home Rule": A Place To Stop?, R. Perry Sentell Jr.

Scholarly Works

In November 1977, the Supreme Court of Georgia rendered a decision in City of Atlanta v. Myers which invalidated a municipal ordinance requiring that police officers and firefighters be residents of the municipality. The public media, in its discussion of the decision, primariily pointed out the residency requirement, the policy behind it, and its advantages and disadvantages to the cause of good government--all important matters. As frequently happens, however, even more crucial considerations in the case may have gone unheralded. From the legal perspective, that is, the importance of the decision and its implications may considerably transcend the factual context …


Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player Jul 1978

Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act of 1967 prohibits employers, labor organizations, and employment agencies from discriminating because of age, but it does not protect all age groups against employment discrimination. As enacted, the 1967 Act protected persons between the ages of forty and sixty-five; the amendments in April 1978 extended that protection five years to age seventy. Thus it is not illegal to discriminate against people before their fortieth or after their seventieth birthday. The Act, in its original and amended versions, contains five exceptions or "defenses" to age discrimination in employment. Only the "bona fide occupational qualification" (BFOQ), …


Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes Jul 1978

Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes

Scholarly Works

The purpose of this essay is to suggest an analytic framework for solving a recurrent insurance problem which springs from what might be called an "evidentiary condition." These conditions can be found in most classes of insurance policies. The immodest purpose of this modest essay is to devise a line of analysis which resolves the problems raised by evidentiary conditions and affords sensitivity and protection to all the competing interests in an insurance contract. The proffered solution, which I label the doctrine of evidentiary conditions, may furnish a doctrinal bridge for reconciling the two disparate contract schools.


Construing The Uniform Division Of Income For Tax Purposes Act: Reflections On The Illinois Supreme Courts Reading Of The "Throwback" Rule, Walter Hellerstein Jul 1978

Construing The Uniform Division Of Income For Tax Purposes Act: Reflections On The Illinois Supreme Courts Reading Of The "Throwback" Rule, Walter Hellerstein

Scholarly Works

Part I of this article examines the structure and underlying policy of the Uniform Division of income for Tax Purposes Act's provisions relating to the apportionment of income arising from economic activity conducted across state lines. In particular, it considers the Act's "throwback" rule, which reapportions income ordinarily apportioned to a state in which it is not taxable to one in which it is. Part II explores in detail the Illinois court's resolution of the problem raised by GTE, namely, how to assign sales of tangible personal property, which are used as a basis for apportioning income, when such sales …


Volume 14, Issue 2 (Summer 1978) The Georgia Advocate Placement Edition, University Of Georgia School Of Law Jul 1978

Volume 14, Issue 2 (Summer 1978) The Georgia Advocate Placement Edition, University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

  • Letter From the Dean
  • Placement Policies and Procedures
  • Faculty
  • Campus and the Law School
  • Academic Calendar and Description
  • Clinical Education Programs
  • Student Organizations
  • Employment Preference Index
  • Directory of Graduates

With great pleasure and pride we introduce in this directory the 1979 graduating class of the University of Georgia School of Law. This senior class, 210 students selected from 1,230 applicants, entered the Georgia Law School in the fall of 1976 with a mean undergraduate grade point average of 3.37 and an average Law School Admission Test score of 633. The selectivity of our admissions standards and the …


The Right Of Privacy, Richard A. Posner Apr 1978

The Right Of Privacy, Richard A. Posner

Sibley Lecture Series

This Article is the text of the John A. Sibley Lecture delivered on March 2, 1978, at the University of Georgia School of Law, and is part of a collaborative project with George J. Stigler on the law and economics of privacy. The present Article attempts an economic analysis of the dissemination and withholding of information primarily in personal rather than business contexts. It is thus concerned with such matters as prying, eavesdropping, "self-advertising," and gossip. The line between personal and commercial is not always clear or useful, and I shall not maintain it unwaveringly; the emphasis, however, is on …


Advocate, Spring 1978, Vol. 14, No. 1, Office Of Communications And Public Relations Apr 1978

Advocate, Spring 1978, Vol. 14, No. 1, Office Of Communications And Public Relations

News @ UGA School of Law

Expanding Programs; Law Faculties/State Bar Meeting; New Faculty; Faculty Activities and Publications; Faculty Feature; Emeriti Professors; Sibley Lecturers; Rusk Center Dedication; Talmadge-Law School Fund; Distinguished Service Scrolls; Alumni News; Student Organizations; Class of 1977 Roster; Announcements


Volume 14, Issue 1 (Spring 1978), University Of Georgia School Of Law Apr 1978

Volume 14, Issue 1 (Spring 1978), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

  • Expanding Programs
  • Law Faculties/State Bar Meeting
  • New Faculty; Faculty Activities and Publications
  • Faculty Feature
  • Emeriti Professors
  • Sibley Lecturers
  • Rusk Center Dedication
  • Talmadge-Law School Fund
  • Distinguished Service Scrolls
  • Alumni News
  • Student Organizations
  • Class of 1977 Roster
  • Announcements


Ptolemaism In The Law And Concomitant Needs For Scientific Study Of The Legal System, Fredrick W. Huszagh Apr 1978

Ptolemaism In The Law And Concomitant Needs For Scientific Study Of The Legal System, Fredrick W. Huszagh

Scholarly Works

Traditional law review and text development efforts ensure the internal integrity of the law system. This article has attempted to explore research approaches that can improve the quality and quantity of the linkages between the law and other systems. Inherent in the approaches advocated with the physical science, social science and humanistic disciplines.

Constructive reliance on other disciplines, however, is not easily achieved, since the parts of each major discipline are so disparate and their yearly achievements so substantial. In most instances, their import for the law system cannot be fully grapsed by law scholars, even if they are trained …


Unraveling Waiver By Default, C. Ronald Ellington Jan 1978

Unraveling Waiver By Default, C. Ronald Ellington

Scholarly Works

Does a default judgment for nonappearance cut off a defendant's right to move later under section 60 of the Civil Practice Act to set aside the judgment because of a defect in service, lack of venue, or lack of personal jurisdiction? In recent years the Georgia Court of Appeals has repeatedly answered this most perplexing question by holding that a defendant who defaults waives his objectinos to venue and lack of personal jurisdiction. Defects in service, however, are not waived, even when the defendant receives actual notice of the lawsuit. The court of appeals' appraoch is highly questionable, perhaps even …


Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr. Jan 1978

Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr.

Scholarly Works

Part II of this Article will highlight the grounds for relief from a conviction or sentence that were available to a Georgia prisoner prior to 1967 and the procedural obstacles to relief that existed. Part III will explore the grounds for relief currently available, and Part IV will examine the procedural obstacles to postconviction relief that remain. Part V will briefly summarize the availability of postconfiction relief in federal court to determine whether the 1967 Act has in fact eliminated the friction between the state courts and the federal courts.