Law Commons^™

Construction Law, Dennis J. Webb Jr., Justin S. Scott, Henry L. Balkcom Iv, Dana R. Grantham

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia appellate courts between June 1, 2002, and May 31, 2003. The cases discussed primarily fall within five categories: (1) contract; (2) tort; (3) mechanic's and materialman's liens; (4) workers' compensation; and (5) arbitration. The Article also includes a miscellaneous section covering noteworthy cases that do not fit neatly into the sections enumerated above.

Local Government Litigation: Some Pivotal Principles, R. Perry Sentell Jr.

Mercer Law Review

The legal sage, Oliver Wendell Holmes, Jr., once observed that "[flacts do not often exactly repeat themselves in practice; but cases with comparatively small variations from each other do." Although Holmes employed the observation in a specific litigation context, his insight obviously possesses a broader relevance. At other junctures as well, that is to say, law's continuity bears emphasis as a fundamental feature of complete juridical synthesis. ...

The phenomenon periodically manifests itself to a degree deserving attention from those who appreciate case law's historical component. This brief account seeks to provide illustrative focus. It assembles a small assortment of …

Administrative Law, Martin M. Wilson

Mercer Law Review

Administrative law continues to be a front-burner item in the practice of law because each day more and more activities, businesses, and persons fall under a state or local agency's regulatory sphere of influence. While the number of appellate cases reviewed in this Article has dropped slightly from recent years, reports from several agency heads in state and local governments would lead one to believe that agency workloads only continue to increase. Given the current economy and resulting shortfalls of tax revenues, it will be interesting to observe what effects static or reduced levels of enforcement and regulatory officials will …

Business Associations, Paul A. Quirós, Lynn S. Scott, James F. Brumsey

Mercer Law Review

This Article surveys noteworthy cases in the areas of corporate, securities, partnership, and banking law decided during the survey period' by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia. The Article also summarizes recent enactments of the Georgia General Assembly with respect to the foregoing subject matters.

Criminal Law And Criminal Procedure, John O. Cole, Bonnie K. Cole

Mercer Law Review

In reading over 900 cases in criminal law and criminal procedure during the survey period, the fact that courts find the time to carefully analyze the allegations of error in each case is striking. The difference in the quality of the courts' work is especially striking when compared to the courts of twenty years ago.

Several themes emerge after reading these cases. The first theme is the number of specious arguments raised on appeal. This is due, in large part, to the Georgia Supreme Court's opinion in Huguley v. State in which the court disapproved Anders motions and forced attorneys …

Death Penalty Law, Michael Mears, Holly Geerdes

Mercer Law Review

This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2002 through May 31, 2003.' The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals. Four recent decisions of the Supreme Court of the United States are included

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

Mercer Law Review

Fourteen of the domestic relations appellate cases decided during the survey period' are digested here. Georgia law requires that appeals of domestic relations cases occur through the discretionary application process. A party wanting to appeal an order in a domestic relations case must first file an application to obtain the appropriate appellate court's permission to file an appeal. As part of a pilot project, the Georgia Supreme Court announced it would accept all "non-frivolous" applications filed in domestic relations cases during the calendar year 2003. The pilot project does not include cases that would be appealed first to the court …

Evidence, Marc T. Treadwell

Mercer Law Review

This survey period saw no dramatic developments. The necessity exception to the hearsay rule continued to catch within its net statements that, a generation ago, would never have seen the light of a courtroom day. However, there were hints that some appellate justices and judges are becoming increasingly uncomfortable with the broad scope of the necessity exception. With regard to expert testimony, Georgia courts continued their refusal to adopt Daubert v. Merrell Dow Pharmaceuticals, Inc., perhaps because of a reluctance to impose on trial court judges the tremendous burden of microscopic analysis of proffered expert testimony.

Education Law, Jerry A. Lumley

Mercer Law Review

While the 2003 session of the Georgia General Assembly did not produce as much legislation in the area of school law as in years past, significant school legislation was signed into law by Governor Perdue in 2003. Additionally, Georgia's appellate courts issued several important decisions in this area. This Article discusses the significant legislation passed and major appellate decisions issued during the survey period.

Insurance, Stephen L. Cotter, Stephen M. Schatz, Bradley S. Wolff

Mercer Law Review

Extra-contractual issues continue to percolate in the insurance arena. The Georgia Supreme Court resettled the law enforcing contractual suit limitations and created a "safe harbor" for an insurer faced with demands conditioned on terms beyond an insurer's control. The Supreme Court of the United States, in reversing a nine-digit punitive award, laid down "bright-line," conservative rules regulating punitive considerations in extra-contractual and other situations.

Labor And Employment, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii

Mercer Law Review

This Article surveys recent developments in the state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions from the Georgia Supreme Court and Georgia Court of Appeals from June 1, 2002 to May 31, 2003. This Article also includes highlights of certain revisions to the Official Code of Georgia Annotated ("O.C.G.A.").

Legal Ethics, Patrick Emery Longan

Mercer Law Review

Between June 1, 2002, and June 1, 2003, the Georgia Court of Appeals and the Georgia Supreme Court decided over two hundred cases concerning legal ethics. Those cases included disciplinary cases against lawyers, bar admission matters, claims of ineffective assistance of counsel in criminal cases, judicial discipline and disqualification, and several miscellaneous matters involving clients and lawyers. In addition, the United States Court of Appeals for the Eleventh Circuit decided one significant case involving judicial elections in Georgia.

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

After an attorney's bill of more than $600 for February, the town council passed a law Tuesday that limits the ability of the mayor and city clerk to call the attorney. The mayor and clerk were criticized for contacting the town attorney to answer what one council member called "useless questions . . . ." The solution was a new town law requiring that if the mayor, council member, or clerk need to discuss a town issue with the attorney, the mayor and at least three council members must approve the question before the call.

Generally, a little knowledge is …

Real Property, Linda S. Finley, Scott H. Michalove, James S. Trieschmann Jr.

Mercer Law Review

This Article discusses case law and legislative developments in Georgia real property law during the current survey period. Since the last survey period, a stringent predatory lending law has come and gone, and the courts have decided numerous cases with real property issues. Not every case decided nor every statute enacted can be discussed. The cases and legislation discussed below were chosen for their significance to real property law and their significance to any attorney who either regularly, or from time to time, practices in the field of real property.

Tort Law, Leighton Moore

Mercer Law Review

During the period covered by this Article, developments in Georgia tort law were mainly attributable to the appellate courts. Full-scale legislative tort reform was not accomplished in the 2003 session, although it is likely to occur next year. The general assembly passed reforms to civil practice that had some impact on tort law, but these did not go into effect until July 2003, and thus fall outside the scope of this Article. In contrast, both the supreme court and the court of appeals rendered important, even controversial, decisions in tort law. By its nature, a survey article cannot probe at …

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article examines the major cases decided and legislation enacted during the period from June 1, 2002 through May 31, 2003. The cases and statutes discussed cover the substantive law relating to decedents' estates, trusts, and guardianships, and to the fiduciaries who administer these entities. The cases also explore procedural rules that apply in litigation arising from the creation and ongoing administration of these legal relationships.

Trial Practice And Procedure, Jason Crawford, Matthew E. Cook, J. Clay Fuller, Michael A. Eddings, Dustin T. Brown

Mercer Law Review

This survey period yielded several decisions of interest and importance to practitioners trying cases and preparing for trial. This Article will analyze the recent judicial developments in the law relating to evidence, insurance, jurors and jury instructions, professional liability, service of process, and damages, as well as other issues of import to the trial practitioner.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon, Marion H. Martin

Mercer Law Review

No abstract provided.

Who Pays For Progress?: Accident Law In Florida, 1845-1886, James L. Hunt

Articles

No abstract provided.