Digital Commons Network^™

What Attorneys “Ott” To Do: The Supreme Court Clarifies Judgmental Immunity In Georgia, Valeria Notte

Mercer Law Review

The Supreme Court of Georgia dealt a swift blow to the Court of Appeals of Georgia’s interpretation of judgmental immunity in a recent decision. For over three decades, the court of appeals recognized a subjective defense that shielded attorneys from liability for mistakes made while representing a client. Under this interpretation of judgmental immunity, attorneys prevailed on motions for summary judgment by demonstrating that they had exercised their honest professional judgment in making the challenged decision. Now, in Cox-Ott v. Barnes & Thornburg, LLP, a unanimous opinion by the supreme court held that attorneys are no longer entitled to the …

From “Filed Under Seal” To “Frivolous On Appeal”: Potts V. Richardson And Georgia’S Movement Toward Enforceable Professionalism, H. Walker Purvis

Mercer Law Review

Potts v. Richardson marks a turning point in Georgia’s professionalism movement. On its face, the case involved an application of Georgia’s anti-SLAPP statute and the privilege afforded to communications made in connection with judicial proceedings. But the Court of Appeals of Georgia did more than resolve a defamation dispute. By imposing a $2,500 sanction under Rule 7(e) for what the court deemed a frivolous appeal, it in effect sanctioned a lawyer for conduct that violated the Georgia Lawyer’s Creed and Aspirational Statement on Professionalism.

Georgia has been a leader in the modern professionalism movement for decades. Central to that commitment …

Criminal Law, Thomas D. Church, Reid M. Koski

Mercer Law Review

This Article provides a tour of the most important criminal law opinions published by the United States Court of Appeals for the Eleventh Circuit in 2025. Rather than engage in an exhaustive review of the facts and laws in each case, we focus on the key holdings from the most noteworthy, published decisions. Section I of this Article addresses rulings specific to substantive offenses such as fraud, drug trafficking, and sex crimes, while Section II covers issues arising under the U.S. Constitution, the Federal Rules of Evidence, and the Federal Rules of Criminal Procedure. Section III deals with the Federal …

Labor And Employment, W. Jonathan Martin Ii

Mercer Law Review

This Article focuses on recent cases concerning federal labor and employment laws. The following is a discussion of those opinions.

Risky Business: Uncertainty, Trade Policy, And The Impact On Mergers & Acquisitions, Talia E. Levine

Mercer Law Review

“If there’s one thing that’s certain about life, it’s uncertainty.” It’s closing day for a deal. Executives, lawyers, and advisors surround the boardroom table. Diligence is complete, financing is secured, and the goals of the buyer and target are aligned. Then, a midnight executive order rolls through, imposing a 10% tariff on half the target’s supply chain. Uncertainty ensues. Negotiations stall. The deal does not close.

The rise of trade-related uncertainty has become a significant disruptor in mergers & acquisitions (“M&A”) and private equity (“PE”) transactions. Uncertainty impedes the flow of strategic transactions in the M&A and PE markets by …

Title Ix Without Tenure: The Eleventh Circuit Bars Sex Discrimination Suits By Educational Employees In Joseph V. Board Of Regents, Lily Kachmar

Mercer Law Review

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” In just thirty-seven words, Title IX of the Education Amendments of 1972 ushered in a transformative era of protections for gender equality in higher education. Yet, courts remain split on the overall scope of those protections.

In Joseph v. Board of Regents of the University System of Georgia (“Joseph II”), the United States Court of Appeals for the Eleventh Circuit became the latest …

The Rise Of Realism And The Search For Justice In 19th Century Literature, Isabella R. Clark

Honors Theses

This thesis follows parallel legal and literary arcs towards “Realism.” While these two movements do not have the exact same timeline, they both characterized the 19th century. This thesis intertwines the literary shift towards writing that more closely resembles reality with the legal realist aim at a justice that more closely relates to its society. As we look at three novels from the 19th century, we will see how the change in literary form relates to a change in legal philosophy as the popular literary style and goal was later formalized by the law. In our study of each novel, …

Penitential Systems In The Latin West And Byzantine East, Elijah C. Dodson

Honors Theses

This thesis examines the development and organization of penitential discipline in early medieval Christianity through a comparison of the penitential tradition associated with Theodore of Canterbury in the Latin West and the canons attributed to John the Faster in the Byzantine East. The study focuses on how these texts regulated sexual sin and what their structures reveal about the institutional role of the Church in different historical contexts. The analysis is based on a comparative reading of penitential texts, supported by patristic writings and modern scholarship. By examining how specific categories of sexual misconduct are classified and disciplined, this study …

Unequal Paths: Experiences Navigating The U.S. Naturalization Process And The Role Of Education, Cecilia Rayburn

Honors Theses

This study examines how educational attainment shapes immigrants’ experiences with the U.S. naturalization process, with a focus on how education influences confidence, access to resources, and the ability to manage bureaucratic demands. While the legal requirements for naturalization are standardized, the ability to navigate them varies widely across individuals. Applicants’ experiences reveal that the U.S. naturalization process is often more complex and unequal than it may appear. This research was conducted through five semi-structured interviews with naturalized citizens of varying levels of higher education. These interviews explored participants’ experiences with the application process, including their preparedness, access to support systems, …

Analisis Sistem Pemerintahan Dalam Uud Negara Republik Indonesia Tahun 1945 Pra Dan Pasca Perubahan, Serta Pelaksanaannya Dalam Praktek Ketatanegaraan, Fatmawati Fatmawati

Jurnal Hukum & Pembangunan

Abstract

Pendapat Hukum Dalam Transaksi Komersial, D. Sidik Suraputra

Jurnal Hukum & Pembangunan

Abstract

Gun Rights And Public Safety: A Constitutional Tension, Kirsten Zonkowski

NSU Undergraduate Law Journal

This paper examines the constitutional tension between gun regulation and the right to bear arms in the United States. By analyzing landmark Supreme Court cases and major legislative developments, tracing the historical foundations of the Second Amendment, exploring judicial interpretations, and identifying ongoing doctrinal challenges, it highlights  the central constitutional conflict: the Second Amendment guarantees an individual right to keep and bear arms, yet that right often clashes with the government’s responsibility to protect citizens and maintain public safety. Courts and legislatures continue to struggle to define the limits of governmental authority without infringing upon fundamental constitutional rights, revealing an …

Lineup Construction Strategies In The Presence Of Within-Person Variability, Abbey M. Greenfield

Student Theses

Photographic lineups are used more frequently than live lineups, but photographs are not always reliable representations of a person’s appearance. Oftentimes, images used in lineups are drawn from mug books, passports, and driver’s license photographs—which may be outdated. As a result, even when a culprit is correctly identified for inclusion in a lineup, the photograph used may differ significantly from their appearance during the event due to natural changes in appearance (Jenkins et al., 2011). Further, the degree of suspect-filler similarity sufficient to achieve optimal discriminability remains a topic of debate (Fitzgerald et al., 2013). We examined the impact differing …

Balancing The Triangle: Restoring Judicial Interpretation Without Ignoring Agency Expertise After Loper Bright, William L. Burner

Liberty University Law Review

For nearly forty years, Chevron required courts to defer to an agency’s reasonable interpretation of an ambiguous statute, even when a better reading was available. This approach undermined the role of the judiciary and disrupted the separation of powers. Rather than interpreting the law, courts became second to the Executive Branch in determining what statutes meant. Congress contributed to the problem by drafting vague laws and depending on agencies to resolve the ambiguity. The result was a structural imbalance that left courts out of place and agencies in charge.

In Loper Bright, the Supreme Court ended Chevron deference and …

Estimator And Reflector Variables In Eyewitness Recall, Sakshi Mundra

Student Theses

Eyewitnesses are frequently asked to describe culprits following a crime, but how accurate and complete are such descriptions? This study examined eyewitness description completeness and accuracy by investigating estimator variables (Race and Gender), reflector variables (Confidence and Response Time), and elicitation methods (Free Recall and Prompted Recall). Participants viewed one mock-crime video featuring a culprit who varied in race (White or Black) and gender (Female or Male), then provided free recall descriptions followed by prompted descriptions of facial features. Prompted recall improved completeness beyond free recall, though with a minor reduction in accuracy. Descriptions were more complete for same-race and …

Strength In Collaboration: A Unified Dd Network Approach To A Statewide Needs Assessment, Emily R. Lanchak, Julie Lounds Taylor, Bruce L. Keisling

Developmental Disabilities Network Journal

To strengthen collaboration, improve efficiency, and reduce respondent burden, the Tennessee Developmental Disabilities (DD) Network launched a first-of-its-kind integrated statewide needs assessment. This two-year, mixed-methods effort gathered input from nearly 1,500 individuals with disabilities, family members, and professionals through an accessible survey and follow-up focus groups. Tennessee DD Network partners co-developed measures, coordinated outreach efforts, and pooled resources to ensure broad representation and inclusive participation across communities statewide. Community members with lived experience were involved throughout the process, helping to ensure materials were usable, relevant, and respectful of diverse needs. The resulting shared dataset provides a foundation for each organization’s …

What’S The Difference Without Deference: How The Eleventh Circuit Stopped Deferring To The Sentencing Commission And Shaped A New Landscape Of Federal Sentencing, Katherine Howard, Conrad Kahn

University of Miami Law Review

The Sentencing Guidelines shape nearly every federal sentence. Judges must calculate and consider the Guidelines’ recommended range before deciding how long someone goes to prison. For decades, though, courts treated the Sentencing Commission’s commentary about the Guidelines as controlling—even when the guideline’s text was clear and unambiguous.

That changed with United States v. Dupree. Sitting en banc, the Eleventh Circuit held that the Supreme Court’s decision in Kisor v. Wilkie—which limits when courts may defer to an agency’s interpretation of its own rules—applies to the Sentencing Guidelines. After Dupree, courts may not defer to the commentary unless, …

It’S Getting Too “Messi”: The Pending Litigation That Should Lead Major League Soccer To Finally Abandon Its Single Entity Structure, Aaron Glas

University of Miami Law Review

Despite being the most popular sport worldwide, soccer has never attained that level of popularity in the United States, lagging significantly behind sports like football, basketball, and baseball. Major League Soccer (“MLS”) was founded in 1995 in an effort to establish a viable, long-term professional soccer league in the United States. It was structured as a single entity to keep costs low, promote an even playing field, and avoid costly antitrust suits brought by its players. The United States Soccer Federation (“USSF”) helped insulate the league from competition in its infancy, but MLS is now a completely different league from …

From Promise To Practice: An Analysis Of The De Jure-De Facto Gap In The Individuals With Disabilities Education Act, Alyssa S. Piccoli

Honors Scholar Theses

Children with disabilities face educational disparities in the United States despite the existence of the Individuals with Disabilities Education Act (IDEA), which was enacted by the U.S. Congress to ensure a Free Appropriate Public Education (FAPE) for such children. As promises of protection are overshadowed by discrepancies in access, quality, and consistency across school districts (Seligman 2005), this paper examines the legal factors that aggravate the paradox between de jure educational rights and their de facto fulfillment for children with autism. To better understand how these challenges manifest in the legal arena, I analyze twenty-four legal cases and seventy claims …

What Is A House?: Searching For The Meaning And Scope Of Curtilage At Common Law, Mitchell A. Del Bianco

Fordham Law Review Online

No abstract provided.

Supremacy Politics: The Coding Of Power In Artificial Intelligence (Ai), Dana G. Jones

North Carolina Civil Rights Law Review

No abstract provided.

Kicking Away Jurisdiction: Why Mls Must Submit To Fifa Authority And Reform Its Unilateral Extension Framework, William Cellitto

University of Baltimore Law Review

No abstract provided.

The Unitary Executive’S Removal Power, James Bernstein

University of Baltimore Law Review

No abstract provided.

Against General Law Constitutionalism, Joshua Macey, Ketan Ramakrishnan, Brian Richardson

University of Chicago Law Review

This Article considers how and under what circumstances the “general law,” a species of unwritten law grounded in legal customs and practices shared across different legal jurisdictions, might be used in modern constitutional interpretation. Constitutional originalists have increasingly argued that central provisions of the Constitution, such as the First and Second Amendments and the Fourteenth Amendment’s Privileges or Immunities Clause, incorporate various bodies of general law. This Article argues that, even if the Constitution did incorporate various bodies of general law, most of those bodies of law have now been emptied of content, and must remain empty without profound changes …

An Empirical Study Of Malingering In Insanity Cases Across Twelve Decades, Deborah W. Denno

North Carolina Law Review

No abstract provided.

Mere Machines: Why Originalism Requires Robotic Judging, Michael Showalter

SMU Law Review Forum

In 1776, Thomas Jefferson argued that judges are “mere machines.” This statement captures founding generation’s conception of the judicial task. From Edward Coke to Montesquieu to William Blackstone to Alexander Hamilton to John Marshall, the founding era’s governing legal tradition taught that judges do no more than mechanically apply the law to reach a case’s correct answer. Judges find the law, the Founders consistently emphasized, they do not choose it.

Under originalism, that original understanding of the Article III judicial power controls how federal judges must adjudicate today. Theorists leveled sustained criticism against the Framers’ beliefs in the twentieth century, …

Cornerstones And Keystones: Confronting Stealth Attacks On The Regulatory State, Michael Allan Wolf

UF Law Faculty Publications

This Article is the first to identify the Roberts Court’s pattern of stealth overruling of several takings precedents by neutralizing or ignoring essential language from prior decisions. The Article explores six examples of this phenomenon and proposes a framework for identifying when a subsequent Court’s critical assessment of key language from a prior decision, whether it technically qualifies as a “holding” or not, necessitates consideration of the stare decisis factors used in Dobbs v. Jackson Women’s Health Organization. Rather than focusing on the sometimes-arbitrary distinction between holding and dictum, the Article introduces two other indicia of precedential language that …

Against The Single-Subject Rule For The Citizen Initiative, Jonathan L. Marshfield

UF Law Faculty Publications

The citizen initiative allows voters to bypass state legislatures and propose laws for a statewide referendum. It exists in twenty-four states but has national significance because initiatives drive reform on contested issues. Recently, courts have begun to clamp down on the initiative. One significant trend is the strict enforcement of the single-subject rule to strike initiatives when they are considered too broad. Although courts are notoriously inconsistent with the rule, they assert two reasons for aggressive enforcement. First, they claim the rule’s historic purpose is to prevent any form of “logrolling”—including any imaginable aggregation of public-regarding voting blocs. Second, courts …

The Death Of The Rule Of Law In America: The Responsibility Of The Lawyers, Steven A. Ramirez

University of the Pacific Law Review

No abstract provided.

The Constitutional Penumbras Of Home Rights, Gerald S. Dickinson

William & Mary Bill of Rights Journal

Justice William Douglas’s famous parable in Griswold v. Connecticut argued that the Bill of Rights contains penumbras—implied zones of privacy protections— that emanate from the First, Third, Fourth, and Fifth Amendments. His penumbral conception of privacy rights has sparked extensive debate among legal scholars, reflecting both its influence and its ongoing controversy. Yet, there is more to Justice Douglas’s penumbra story to explore. In expounding on his privacy innovations in Griswold, Justice Douglas explained that the Fourth and Fifth Amendments protect against all governmental invasions of the sanctity of a man’s home and the privacies of life. Indeed, the …