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Articles 31 - 53 of 53
Full-Text Articles in Law
Chapter 7 Bankruptcy And Section 707(B): Should The Subjective "Substantial Abuse" Standard Be Replaced By An Objective "Means-Testing" Formula?, J. Kaz Espy
Mercer Law Review
Because our society has become more and more reliant on the concept of "credit," the level of individual indebtedness has risen and, as a direct corollary, individual filings for bankruptcy relief have also increased. Credit can be beneficial to John D. Consumer ("Consumer") by allowing him to take possession of goods and pay for them at a later date. This in turn stimulates the economy by giving consumers more buying power. However, when Consumer fails to use discretion in his use of credit, he quickly finds out how the seemingly wonderful concept of credit can become a nightmare. If Consumer …
Securities Regulation, David K. Brown, Valerie D. Barton
Securities Regulation, David K. Brown, Valerie D. Barton
Mercer Law Review
This Article examines significant securities regulation cases originating in the Eleventh Circuit Court of Appeals during 2003 and 2004. In particular, Part I of this Article addresses a recent decision in the area of insider trading and familial relationships. Part II analyzes two recent cases involving the definition of "security" under the Securities Act of 1933. The three cases discussed below address two very different issues and draw from two separate areas of securities law, the Securities Act of 1933 and the Securities Exchange Act of 1934. However, a common theme connects these cases: the preservation of flexibility within the …
Form Over Substance? Qualified Immunity In Groh V. Ramirez, Lenard F. Harrelson Jr.
Form Over Substance? Qualified Immunity In Groh V. Ramirez, Lenard F. Harrelson Jr.
Mercer Law Review
In Groh v. Ramirez, the United States Supreme Court held in a 5-4 decision that a search warrant may be so facially defective that the executing officers cannot reasonably presume it to be valid. The Court reasoned that the warrant deficiency in this case, revolving around the particularity requirement, flows directly from the text of the Fourth Amendment, and thus, no reasonable officer could believe a warrant that obviously did not comply with this standard was valid. The Court proceeded to deny the executing officer qualified immunity by holding that reliance upon this facially defective warrant was objectively unreasonable. …
Admiralty, Robert S. Glenn Jr., Colin A. Mcrae, Jessica L. Mcclellan
Admiralty, Robert S. Glenn Jr., Colin A. Mcrae, Jessica L. Mcclellan
Mercer Law Review
The Eleventh Circuit Court of Appeals presented practitioners of maritime law with important new admiralty case law in 2004. Although the Eleventh Circuit published only four admiralty opinions in 2004, the United States Supreme Court handed down two decisions in the areas of cargo and longshore law that will have a far-reaching impact on maritime law. The Eleventh Circuit dealt with two passenger cruise line cases and a salvage dispute, both of which serve as the subject of considerable litigation in the Eleventh Circuit. In addition, the Eleventh Circuit Court of Appeals handed down an important decision involving the enforcement …
Reversion Back To A State Of Nature In The United States Southern Borderlands: A Look At Potential Causes Of Action To Curb Vigilante Activity On The United States/Mexico Border, Jessica Conaway
Mercer Law Review
Since the late 1980s and early 1990s, groups of concerned citizens have banded together to pick up where the federal government failed and to combat illegal immigration at its source: the unguarded borders. Armed with the concepts of citizen's arrest and property rights, vigilante ranchers in California, Arizona, New Mexico, and Texas began detaining illegal aliens and turning them over to the authorities. As the vigilante ranchers grew in number, so did the rumors of their violent and abusive tactics. Now, in the national post-9/l1 environment, vigilante ranchers have a renewed sense of purpose, and with the country on alert, …
To Serve And Protect: Thornton V. United States And The Newly Anemic Fourth Amendment, Jason Lewis
To Serve And Protect: Thornton V. United States And The Newly Anemic Fourth Amendment, Jason Lewis
Mercer Law Review
In Thornton v. United States, the United States Supreme Court further weakened the protection afforded by the Fourth Amendment by holding that an officer may search the passenger compartment of a vehicle incident to arrest even when the suspect is first approached after exiting the vehicle. Under the guise of providing protection to police officers, this decision greatly expands the power of an arresting officer to search the private property of the arrestee and creates uncertainty on what constitutional limits apply to searches incident to arrest outside the home.
Uncertain Waters: Tennard V. Dretke Provides Swells Of Protection For The Mentally Deficient But May Cause Rising Tides Of Frivolous Claims, Kristin L. Starnes
Uncertain Waters: Tennard V. Dretke Provides Swells Of Protection For The Mentally Deficient But May Cause Rising Tides Of Frivolous Claims, Kristin L. Starnes
Mercer Law Review
Continuing to address the morality and constitutionality of executing mentally deficient offenders, the United States Supreme Court in Tennard v. Dretke held that the Texas jury instructions used during the sentencing phase violated the Eighth Amendment. The jury instructions were unconstitutional because they did not provide sentencers with an adequate vehicle for assessing the defendant's mitigating evidence of low Intelligence Quotient. This case has broad implications for jury instructions in capital cases across the nation. It also raises concerns that valid claims by deserving defendants will be lost in a sea of frivolous claims and unidentified intelligence tests.
Awakening A Slumbering Giant: Georgia's Judicial Selection System After White And Weaver, Camille M. Tribble
Awakening A Slumbering Giant: Georgia's Judicial Selection System After White And Weaver, Camille M. Tribble
Mercer Law Review
Judicial selection, no matter its format, is an inherently political process. In the broadest analysis, judges are selected either directly by a popular election or indirectly by an executive branch appointment. The President of the United States appoints federal judges with the advice and consent of the Senate. In keeping with the states' role as the laboratories of democracy, judicial selection varies widely from state to state. In Georgia, judges are elected in nonpartisan elections along with the general primaries in even-numbered years. In particular, the Georgia Constitution grants the governor the power to appoint a judge when a judgeship …
Perspectives On Judicial Selection, Norman L. Greene
Perspectives On Judicial Selection, Norman L. Greene
Mercer Law Review
The Symposium entitled "Judicial Professionalism in a New Era of Judicial Selection," held on October 22, 2004, at the Walter F. George School of Law of Mercer University in Macon, Georgia, generated important questions on judicial selection reform: how are judges selected, how should they be selected, what makes a good judge, how should we deal with a bad judge, what changes need to be made in judicial selection, where are they being made, how can they be made in other states, and how long will it take to accomplish them. Shall we have a justice system where judgeships are …
Tripping The Rift: Navigating Judicial Speech Fault Lines In The Post-White Landscape, Barbara E. Reed
Tripping The Rift: Navigating Judicial Speech Fault Lines In The Post-White Landscape, Barbara E. Reed
Mercer Law Review
This Article is presented in large part as a synthesis of existing jurisprudence, conventional public policy wisdom, and new approaches to navigating the post-White landscape, including recommendations derived from years of collaboration with judges, lawyers, scholars, policy specialists, and other stakeholders. To a greater or lesser degree, much of what is contained herein is thus subjective and should be approached with that in mind. The views herein, and any errors, are mine alone.
Judicial Professionalism In A New Era Of Judicial Selection, Patrick Emery Longan
Judicial Professionalism In A New Era Of Judicial Selection, Patrick Emery Longan
Mercer Law Review
On October 22, 2004, the Mercer Law Review and the Mercer Center for Legal Ethics and Professionalism co-sponsored a Symposium on recent developments related to the election of judges. The Symposium was the Fifth Annual Georgia Symposium on Professionalism, the latest in a series of programs funded by a consent order and judgment that settled allegations of litigation misconduct involving the du Pont Corporation several years ago. That order awarded $2.5 million to each of the four ABA-accredited law schools in Georgia to establish professorial chairs devoted to ethics and professionalism, and it also granted each law school $250,000 to …
Locke V. Davey: The Fine Line Between Free Exercise And Establishment, Brett Thompson
Locke V. Davey: The Fine Line Between Free Exercise And Establishment, Brett Thompson
Mercer Law Review
In Locke v. Davey, the United States Supreme Court held that a state-sponsored scholarship program that excluded students who were majoring in devotional theology did not violate the Free Exercise Clause of the United States Constitution. The Court's holding left a great deal of uncertainty on when states may withhold benefits on the basis of religion.
Nothing New Under The Sun? A Technologically Rational Doctrine Of Fourth Amendment Search, Stephen E. Henderson
Nothing New Under The Sun? A Technologically Rational Doctrine Of Fourth Amendment Search, Stephen E. Henderson
Mercer Law Review
In late 2002 the Pentagon's Defense Advanced Research Projects Agency ("DARPA") launched an ill-named, if not entirely ill-advised, data-mining initiative as part of its response to the terrorist attacks of September 11, 2001. Under the direction of Vice Admiral John M. Poindexter, infamous for his role in Iran-Contra, DARPA dubbed the program "Total Information Awareness" ("TIA). The goal was to amalgamate a mammoth database of existing commercial and governmental information, from Internet mail and calling records to banking transactions and travel documents, which would be analyzed by a to-be developed computer system capable of spotting suspicious behavior
Other People's Money: The Ethics Of Litigation Funding, Douglas R. Richmond
Other People's Money: The Ethics Of Litigation Funding, Douglas R. Richmond
Mercer Law Review
Litigation can be expensive, sometimes incredibly expensive. There are investigators to employ, expert witnesses to compensate, court reporters to pay, documents to photocopy or electronically image, travel expenses, demonstrative evidence to create, and so on. An attorney's time itself is valuable. A party's time is also valuable, and plaintiffs who are disabled as a result of injuries they have sustained may need money to live on. As a result, a wealthy litigant, who can outspend a poorer litigant, is generally at an advantage and may be able to obtain a favorable settlement through attrition.
The Impact And Limits Of The Constitutional Deregulation Of Health Claims On Foods And Supplements: From Dementia To Nuts To Chocolate To Saw Palmetto, Margaret Gilhooley
The Impact And Limits Of The Constitutional Deregulation Of Health Claims On Foods And Supplements: From Dementia To Nuts To Chocolate To Saw Palmetto, Margaret Gilhooley
Mercer Law Review
The Food and Drug Administration ("FDA") recently issued an enforcement policy identifying the types of health claims in the disclaimers that are constitutionally permitted on foods and dietary supplements. In 1990 Congress required that before a company could make a health claim on a food product, the FDA must approve the claim as based on significant scientific agreement. While the 1990 law gave the FDA discretion to establish a lesser standard for nutritional supplements than for food products, the FDA chose to apply the same standard. Thus, claims on nutritional supplements had to be supported by significant scientific agreement. Supplement …
Brown V. Board Of Education: Right Result, Wrong Reasoning, Ellis Washington
Brown V. Board Of Education: Right Result, Wrong Reasoning, Ellis Washington
Mercer Law Review
The genesis of this Article was originally conceived as a letter to a journalist in response to an article I had read in the Detroit News titled, "Judge Damon Keith, governor hosts fund raiser on Saturday." I also heard about this event while listening to National Public Radio that same day, and I planned on attending because Judge Keith is a great man and a great civil rights champion. I have always wanted to meet this Titan in person, however, after further reflection, I decided not to attend this event on principle. The occasion was in part a fundraiser for …
Legal Writing: Why Is A Legal Memorandum Like An Onion?-A Student's Guide To Reviewing And Editing, Terry Jean Seligmann
Legal Writing: Why Is A Legal Memorandum Like An Onion?-A Student's Guide To Reviewing And Editing, Terry Jean Seligmann
Mercer Law Review
If you are a student working on a legal memorandum, you may think the answer to the question posed by the title of this Article is that they can both make you cry. This Article may help you avoid tears by giving you a way to review your work. The legal memorandum is like an onion because it is a whole made up of many layers. These layers cover each other in levels that can be cross-sectioned and examined in place without losing the sense of the whole. The guidelines offered for that examination follow the priorities of your legal …
A Meaningful Criminal Justice System For The Future—An English Perspective, Baroness Scotland Of Asthal Qc
A Meaningful Criminal Justice System For The Future—An English Perspective, Baroness Scotland Of Asthal Qc
Mercer Law Review
The Fourth Annual John E. James Distinguished Lecture
Walter F. George School of Law
Mercer University
Macon, Georgia, September 21, 2004
Nlrb Refuses To Harm "Academic Freedom" At Universities By Permitting Graduate Student Assistants To Unionize, Elizabeth Butler Baum
Nlrb Refuses To Harm "Academic Freedom" At Universities By Permitting Graduate Student Assistants To Unionize, Elizabeth Butler Baum
Mercer Law Review
In Brown University, the National Labor Relations Board ("NLRB" or "Board") held that graduate assistants are students rather than employees, and in doing so, it settled the issue of whether graduate student assistants admitted into a university should be treated as employees for purposes of collective bargaining. The NLRB declared that the relationship between a university and its graduate student assistants was fundamentally educational rather than economic, and therefore, no union rights exist for graduate students at Brown University ("Brown").
Calling On The Legislature: Dixon V. State And Georgia's Statutory Scheme To Protect Minors From Sexual Exploitation, Jed D. Manton
Calling On The Legislature: Dixon V. State And Georgia's Statutory Scheme To Protect Minors From Sexual Exploitation, Jed D. Manton
Mercer Law Review
In Dixon v. State, the Georgia Supreme Court analyzed Georgia's statutory scheme to protect children from sexual exploitation. A jury convicted Marcus Dixon of statutory rape and aggravated child molestation, for which he received the mandatory minimum sentence of fifteen years to serve ten. The Georgia Supreme Court reversed Dixon's conviction for aggravated child molestation. As a result of the reversal, Dixon was released from prison because he had already served the requirements for his statutory rape conviction. The majority and concurring opinion urged the Legislature to clarify Georgia's statutes to expressly distinguish statutory rape from child molestation. The …
"Under Color Of"- What Does It Mean?, Richard H. W. Maloy
"Under Color Of"- What Does It Mean?, Richard H. W. Maloy
Mercer Law Review
After reading the cases dealt with in this Article, I am reminded of the story of the old lady who lived on a hammock in the Everglades. Two census takers rowed out to her abode one day to obtain her statistics. When she asked them why they were there, they answered that they were trying to find out how many people live in the United States. 'You've come to the wrong place," she declared. "Why do you say that?" they asked. "Cause I don't know," was her response. If one is reading this article to find out the meaning of …
A New Era Of Dead-Beat Dads: Determining Social Security Survivor Benefits For Children Who Are Posthumously Conceived, Ann-Patton Nelson
A New Era Of Dead-Beat Dads: Determining Social Security Survivor Benefits For Children Who Are Posthumously Conceived, Ann-Patton Nelson
Mercer Law Review
In Gillett-Netting v. Barnhart, the United States Court of Appeals for the Ninth Circuit held that posthumously conceived children born to a married couple were dependent under the Social Security Act ("Act") and entitled to child's survivor benefits. The posthumously conceived children in Gillett-Netting were born as a result of an in vitro fertilization process conducted after the husband's death. After the birth of her twins, the mother filed for benefits under the Act based on her late husband's earnings. The court ruled that because the twins were their father's legitimate children under Arizona law, they were to be …
Ruminations On Dissemination: Limits On Administrative And Judicial Review Under The Information Quality Act, Stephen M. Johnson
Ruminations On Dissemination: Limits On Administrative And Judicial Review Under The Information Quality Act, Stephen M. Johnson
Articles
Supporters call it "one of the most significant developments in the federal rulemaking system since passage of the Administrative Procedure Act." Opponents suggest that it "may well prove the most destructive half-page of law that most people do not know is on the books." It is the Information Quality Act, enacted in 2000 as a two paragraph rider to appropriations legislation for the 2001 fiscal year. While it was supposed to improve the quality of information that the government relies upon in decision making, critics assert that the Act contributes to the ossification of rulemaking, encourages agencies to make decisions …