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Appellate Practice And Procedure, William M. Droze, Jeri N. Sute

Mercer Law Review

Rules of practice and procedure in appellate courts, such as the United States Court of Appeals for the Eleventh Circuit, significantly impact cases brought before those courts comprising the circuit. From enforcement of procedural rules requiring the timely filing of a notice of appeal to application of justiciability doctrines to determine a party's standing to bring a claim, issues of practice and procedure commonly arise at the court of appeals.

This Article explores the application of practice and procedure by the Eleventh Circuit during 1999. The topics discussed include appellate culling of appealable issues; appellate treatment of interlocutory matters; timeliness …

Personal Jurisdiction And The Internet: Waiting For The Other Shoe To Drop On First Amendment Concerns, Brian E. Daughdrill

Mercer Law Review

Believing that First Amendment concerns already receive sufficient protection from any "chilling effect," the Supreme Court has held that personal jurisdiction analysis should not contain additional levels of scrutiny in speech-oriented cases. Reasoning that the "actual malice" requirement for public figures enunciated in New York Times, Inc. v. Sullivan was sufficient protection, the Court has been content to analyze personal jurisdiction over nonresident defendants within the established but "imprecise inquiry," even when the defendant's speech or expression may be penalized by a claim for damages.

Enter Internet-based contacts. Courts attempting to impose traditional personal jurisdiction analysis on Internet-related contacts have …

Resolving The Conflict Between Receipt And Proper Service: Murphy Bros. V. Michetti Pipe Stringing, Inc., Jennifer N. Moore

Mercer Law Review

In Murphy Bros. v. Michetti Pipe Stringing, Inc., the United States Supreme Court resolved the conflict over what event triggers the removal period under 28 U.S.C. § 1446(b), proper service or receipt of a copy of the complaint. The Court held proper service begins the removal period.