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Articles 391 - 420 of 12065
Full-Text Articles in Law
Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii
Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii
Mercer Law Review
This Article surveys recent developments in state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions from the Georgia Court of Appeals and Georgia Supreme Court from June 1, 2005 to May 31, 2006. This Article also highlights specific revisions to the Official Code of Georgia Annotated.
Legal Ethics, Patrick Emery Longan
Legal Ethics, Patrick Emery Longan
Mercer Law Review
This Article summarizes the major developments in legal ethics in Georgia between June 1, 2005 and May 31, 2006. The Article covers discipline of lawyers, ineffective assistance of counsel, attorney fees and liens, contempt, disqualification, malpractice (and other claims against lawyers), judicial ethics, unauthorized practice of law, and one case on attorney authority.
Local Government Law, R. Perry Sentell
Local Government Law, R. Perry Sentell
Mercer Law Review
In the early 1950's, condemnation was rare and political suicide. A popular limited access road was being delayed by a farmer. When the State survey crew showed up, the farmer was standing at a fence with his shotgun. He never moved, but the survey crew would not go beyond the fence.
After the Attorney General, District Attorney, and Sheriff failed, the assignment devolved to the County Attorney. I walked up to the fence. "John, we have known each other a long time." "You take one step further," replied the farmer, "and we will not know each other for a longer …
Product Liability, Franklin P. Brannen Jr., Richard L. Sizemore, Jacob E. Daly
Product Liability, Franklin P. Brannen Jr., Richard L. Sizemore, Jacob E. Daly
Mercer Law Review
This Article surveys recent developments in Georgia product liability law. It covers noteworthy cases decided during the survey period by Georgia appellate courts, the Eleventh Circuit Court of Appeals, and United States district courts located in Georgia. In addition, this Article discusses relevant legislative enactments by the Georgia General Assembly revising the Official Code of Georgia Annotated ("O.C.G.A.").
Real Property, Linda S. Finley
Real Property, Linda S. Finley
Mercer Law Review
This Article discusses case law and legislative developments in Georgia real property law from June 1, 2005 through May 31, 2006. The cases and legislation discussed here were chosen at times for their significance to real property law or to update attorneys who either regularly or from time to time practice or render opinions regarding real property, and at times simply for their unusual or thought-provoking facts.
Torts, Deron R. Hicks
Trial Practice And Procedure, Bruce P. Brown, Jonathan R. Friedman, Michael R. Boorman, Benjamin J. Vinson
Trial Practice And Procedure, Bruce P. Brown, Jonathan R. Friedman, Michael R. Boorman, Benjamin J. Vinson
Mercer Law Review
This Article surveys noteworthy cases in the field of civil trial practice during the survey period1 by the Georgia Supreme Court and the Georgia Court of Appeals and relevant enactments by the Georgia General Assembly. This Article does not address the related and important topic of evidence, which is addressed in a separate survey. After describing relevant legislation, this Article surveys developments in trial practice in the order that they would be encountered in the typical case: pleadings, discovery, motions practice, juries and jury selection, statements and arguments of counsel, trial motions, jury instructions, and verdict forms.
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Mercer Law Review
This Article describes the significant Georgia cases and legislation from the period of June 1, 2005 through May 31, 2006 that pertain to Georgia fiduciary law. Specifically, the Article covers cases and legislation on matters relating to wills, trusts, the administration of decedents' estates, and the guardianship and conservatorship of minors and incapacitated adults.
Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon
Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon
Mercer Law Review
There was minimal legislation during the 2006 term of the Georgia General Assembly that impacted workers' compensation. In fact, most of the legislative changes could be characterized as general housekeeping measures. For example, Official Code of Georgia Annotated ("O.C.G.A.") section 34-9-104 was changed to make its wording consistent with that found in other sections of the Workers' Compensation Act. The mandate that the employee shall receive notice from the employer was changed to provide that the employer shall send notice to the employee. The time limit for submitting mileage expenses was clarified as running one year from the date that …
Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Victor A. Ellis, Amitabha Bose, Joseph L. Cooley
Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Victor A. Ellis, Amitabha Bose, Joseph L. Cooley
Mercer Law Review
This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law handed down by Georgia appellate courts between June 1, 2005 and May 31, 2006. The cases surveyed fall primarily within five categories: (1) condemnation, (2) restrictive covenants, (3) easements, (4) zoning, and (5) miscellaneous.
A Constitutional Amendment To Reform Kentucky’S Courts, Kurt Metzmeier
A Constitutional Amendment To Reform Kentucky’S Courts, Kurt Metzmeier
Faculty Scholarship
Responding to a confused patchwork of trial courts with overlapping jurisdiction, uneven justice around the state, and a growing backlog of appellate cases, voters in Kentucky went to the polls on November 4, 1975, to approve a sweeping constitutional amendment that radically revised Kentucky’s court system. Although reformers had decried Kentucky’s confusing court system since the 1940s, the real roots of the revision of the judicial article can be found in the failed movement in the late 1960s to replace Kentucky’s 1891 constitution. Unbowed by the defeat, judicial reformers immediately set out to pass a separate amendment reforming the courts, …
Implementing A Progressive Consumption Tax: Advantages Of Adopting The Vat Credit-Method System, Itai Grinberg
Implementing A Progressive Consumption Tax: Advantages Of Adopting The Vat Credit-Method System, Itai Grinberg
Georgetown Law Faculty Publications and Other Works
A credit–method value–added tax, a payroll tax, and a business–level wage subsidy can approximate the economic and distributional consequences of a subtraction–method X–tax. Such a credit–method progressive consumption tax has administrative advantages as compared to a subtraction–method progressive consumption tax, once certain political factors are taken into account. Further, unlike a subtraction–method system, a credit– method progressive consumption tax could easily interact with other tax systems around the world and comply with World Trade Organization rules without sacrifi cing best practice VAT design features that allow for effective enforcement.
Working Toward Democracy: Thurgood Marshall And The Constitution Of Kenya, Mary L. Dudziak
Working Toward Democracy: Thurgood Marshall And The Constitution Of Kenya, Mary L. Dudziak
Duke Law Journal
This Article is a work of transnational legal history. Drawing upon new research in foreign archives, it sheds new light on the life of Thurgood Marshall, exploring for the first time an episode that he cared very deeply about. his work with African nationalists on an independence constitution for Kenya. The story is paradoxical, for Marshall, a civil rights legend in America, would seek to protect the rights of white landholders in Kenya who had gained their land through discriminatory land laws, but were soon to lose political power. In order to understand why Marshall would take pride in entrenching …
Comparativa Entre Les Reformes Dels Estatuts D'Autonomia De Catalunya I D'Andalusia [Comparative Analysis Of The Reforms Of The Charters Of Autonomy Of Catalonia And Andalucía], Albert Lamarca-Marquès, Vanessa Casado-Pérez
Comparativa Entre Les Reformes Dels Estatuts D'Autonomia De Catalunya I D'Andalusia [Comparative Analysis Of The Reforms Of The Charters Of Autonomy Of Catalonia And Andalucía], Albert Lamarca-Marquès, Vanessa Casado-Pérez
Faculty Scholarship
En els ordenaments jurídics continentals europeus no és habitual l’admissió d’escrits acadèmics independents adreçats als tribunals de justícia en el marc de procediments de gran importància. En els països del Common Law, especialment en les jurisdiccions nordamericanes, mitjançant el procediment anomenat d’Amicus Curiae es permet d’adreçar aquesta mena d’escrits als tribunals de justícia, que hauran de decidir si els tenen o no en compte. A través de les pàgines d’InDret, hem volgut oferir aquest document de comparació d’ambdós Estatuts per contribuir al debat jurídic en el marc del procés de reforma dels Estatuts d’Autonomia a l’Estat i en relació als …
Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein
Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein
Scholarly Works
No abstract provided.
Welfare Polls: A Synthesis, Matthew D. Adler
Welfare Polls: A Synthesis, Matthew D. Adler
All Faculty Scholarship
“Welfare polls” are survey instruments that seek to quantify the determinants of human well-being. Currently, three “welfare polling” formats are dominant: contingent-valuation surveys, QALY surveys, and happiness surveys. Each format has generated a large, specialized, scholarly literature, but no comprehensive discussion of welfare polling as a general enterprise exists. This Article seeks to fill that gap. Part I describes the trio of existing formats. Part II discusses the actual and potential uses of welfare polls in government decisionmaking. Part III analyzes in detail the obstacles that welfare polls must overcome to provide useful well-being information, and concludes that they can …
Federal Court Self-Preservation And Terri Schiavo, Jack M. Beermann
Federal Court Self-Preservation And Terri Schiavo, Jack M. Beermann
Faculty Scholarship
If the federal court in Florida had granted preliminary relief to allow itself more time to consider the constitutional claims that Terri Schiavo's parents brought on her behalf, and if, as expected, those claims were ultimately rejected, the federal court would have been placed in the unenviable position of having to be the institution that made the final decision to terminate Terri Schiavo's feeding and other treatment. Although I have no way of knowing whether this fact, which has not been noted in the commentary,' actually entered into the mind of any of the federal judges who considered the case, …
Duty In Tort Law: An Economic Approach, Keith N. Hylton
Duty In Tort Law: An Economic Approach, Keith N. Hylton
Faculty Scholarship
Theories of tort law have focused on the breach and causation components of negligence, saying little if anything about duty. This paper provides a positive economic theory of duty doctrine. The theory that best explains duty doctrines in tort law is the same as the theory that explains strict liability doctrine. The core function of both sets of doctrines is to regulate the frequency or scale of activities that have substantial external effects. Strict liability aims to suppress or tax activities that carry unusually large external costs. Duty doctrines, especially those relieving actors of a duty of care, serve several …
Independent Invention As A Defense To Patent Infringement, Samson Vermont
Independent Invention As A Defense To Patent Infringement, Samson Vermont
Michigan Law Review
Under current law, independent invention is no defense to patent infringement. This Article argues that independent invention should be a defense, provided the independent inventor creates the invention before receiving actual or constructive notice that someone else already created it. The defense reduces wasteful duplication of effort and enhances dissemination of inventions without lowering the incentive to invent below the necessary minimum. To be sure, the defense lowers the incentive for inventions that face significant odds of being invented by more than one inventor By enabling a second inventor to compete with a first inventor the defense essentially breaks up …
The Disgorgement Interest In Contract Law, Melvin A. Eisenberg
The Disgorgement Interest In Contract Law, Melvin A. Eisenberg
Michigan Law Review
Restatement Second of Contracts provided that contract law serves to protect one or more of three interests: the expectation interest, the reliance interest, and the restitution interest. There is, however a fourth interest that contract law should and does protect: the disgorgement interest, which is the promisee's interest in requiring the promisor to disgorge a gain that was made possible by the promisor's breach, but did not consist of a benefit conferred on the promisor by the promisee. It is not clear why Restatement Second excluded the disgorgement interest. Perhaps the drafters believed that this position was compelled by positive …
Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey
Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey
Michigan Law Review
Political parties have unique associational rights. In party primaries, party members associate to further their common political beliefs, and more importantly, to nominate candidates. These candidate are the "standard bearer[s]" for the political party-the people who "best represent[ ] the party's ideologies and preferences." The primary represents a "crucial juncture at which the appeal to common principles may be translated into concerted action, and hence to political power in the community." Because the primary is such a critical moment for the political party, the party's asso-ciational rights are most important at this time.
The Value Of U.S. Patents By Owner And Patent Characteristics, James Bessen
The Value Of U.S. Patents By Owner And Patent Characteristics, James Bessen
Faculty Scholarship
This paper uses renewal data to estimate the value of U.S. patents, controlling for patent and owner characteristics. Estimates of U.S. patent value are substantially larger than estimates for European patents, however, the ratio of U.S. patent value to R&D for firms is only about 3%. Patents issued to small patentees are much less valuable than those issued to large corporations, perhaps reflecting imperfect markets for technology. Litigated patents are more valuable, as are highly cited patents. However, patent citations explain little variance in value, suggesting limits to their use as a measure of patent quality.
Reconstructing Richard Epstein, Eduardo M. Peñalver
Towards A Common Law Originalism, Bernadette Meyler
Towards A Common Law Originalism, Bernadette Meyler
Cornell Law Faculty Publications
Originalists' emphasis upon William Blackstone's "Commentaries on the Laws of England" tends to suggest that the common law of the Founding era consisted in a set of determinate rules that can be mined for the purposes of constitutional interpretation. This Article argues instead that disparate strands of the common law, some emanating from the colonies and others from England, some more archaic and others more innovative, co-existed at the time of the Founding. Furthermore, jurists and politicians of the Founding generation were not unaware that the common law constituted a disunified field; indeed, the jurisprudence of the common law suggested …
Kelo's Moral Failure, Laura S. Underkuffler
Kelo's Moral Failure, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden
Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden
Articles & Chapters
Hepatitis C (HCV) in prisons is a public health crisis tied to current drug policy's emphasis on the mass incarceration of drug users. Prison policy acts as a barrier to HCV care by limiting medical care for the infected, especially drug users, and by inhibiting public health measures addressing the epidemic. This Comment argues that courts mistakenly limit prisoners' Eighth Amendment right to basic medical care when they defer to prisons that apply HCV policies as categorical rules of treatment. Where current standards of care mandate individualized patient evaluation for treatment, prison policies that eschew this principle exhibit deliberate indifference …
The Csi Effect And Other Forensic Fictions, Kimberlianne Podlas
The Csi Effect And Other Forensic Fictions, Kimberlianne Podlas
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Truth In Broadcasting Act: Can It Move The Media Away From Indoctrinating And Back To Informing, Antonella Aloma Castro
Truth In Broadcasting Act: Can It Move The Media Away From Indoctrinating And Back To Informing, Antonella Aloma Castro
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Deleting Online Predators Act: I Thought It Was My-Space - How Proposed Federal Regulation Of Commercial Social Networking Sites Chills Constitutionally Protected Speech Of Minors, Lindsay M. Gehman
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Entertainment Law Directory
Loyola of Los Angeles Entertainment Law Review
No abstract provided.