Law Commons^™

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

There were minimal legislative changes during the survey period from June 1, 2008 to May 31, 2009, but several interesting decisions were issued by the Georgia Court of Appeals. Among those were cases affirming the exclusive remedy doctrine, a case providing insight on the applicability of statutory employment when the general contractor is an owner in possession of the property, and several statute of limitations cases

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This Survey chronicles developments in Georgia domestic relations law from June 1, 2008 to May 31, 2009. This survey period saw continued evolution of domestic relations law through changes in legislation and case law. Legislation passed by the 2008 Georgia General Assembly took effect on July 1, 2008. The Georgia Supreme Court continued to accept non-frivolous appeals in divorce cases, which provide guidance to those interested in domestic relations law.

Torts, Deron R. Hicks, Travis C. Hargrove

Mercer Law Review

This Article surveys recent developments in Georgia tort law between June 1, 2008 and May 31, 2009.

Trial Practice And Procedure, Kate S. Cook, Brandon L. Peak, John C. Morrison Iii, Tedra C. Hobson

Mercer Law Review

This Article seeks to identify and explain the cases and legislation published and enacted within the survey period between June 1, 2008 and May 31, 2009, which impact, illustrate, clarify, or change Georgia's law as it relates to trial practice and procedure.

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

Administrative procedure is rarely the topic of after-hours conversations, trailing far behind baseball scores, what to eat, and famous personalities. However, the continuing creep of influence of administrative agencies impacts daily life far beyond casual observations. It is the work of administrative agencies that propels government on all fronts. This Article surveys chosen cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2008 through May 31, 2009. Cases from specific subject areas that one would expect to see in other articles contained in this volume have not been included unless points regarding administrative law …

Construction Law, Frank O. Brown Jr.

Mercer Law Review

This Article focuses on noteworthy construction law decisions by Georgia appellate courts between June 1, 2008 and May 31, 2009, and significant construction-related Georgia legislation and regulations during the same period.

Evidence, Marc T. Treadwell

Mercer Law Review

Every Georgia attorney and trial court judge ought to set aside the time to read every Georgia appellate court opinion on the subject of evidence (or, for that matter, any other selected subject) rendered during a given period of a year. The feel that one acquires for the attitude of the appellate courts of Georgia is interesting. Most though, will not have the time for such projects, so that to read someone else's selections and comments may be of some benefit. It will not, however, give the "feel" that one acquires through an individual reading of the cases.

This was …

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Article surveys legal ethics decisions of the Georgia appellate courts for a period from June 1, 2008 to May 31, 2009. The cases concern discipline of lawyers, ineffective assistance of counsel, judicial conduct, contempt, attorney fees, suits against lawyers, and a few miscellaneous matters.

Local Government Law, James E. Elliott Jr.

Mercer Law Review

Because each and every tort occurs somewhere "in a county" and frequently "within the city limits," local governments often find themselves to be reluctant guests in the litigation resulting from such events. Likewise, citizens and public sector employees seem less hesitant to fight city hall than in days past. For these reasons (and others), litigation involving municipalities, counties, and their related entities enjoyed another banner year in Georgia, affording multiple opportunities for the appellate courts to establish new rules of law in the area or to reaffirm (and, occasionally, fine-tune) long-standing rules.

Product Liability, Franklin P. Brannen Jr., Jacob E. Daly

Mercer Law Review

This Article surveys developments in Georgia product liability law during the period of June 1, 2008 through May 31, 2009. It covers noteworthy cases decided during the survey period by the Georgia appellate courts, the United States Supreme Court, the United States Court of Appeals for the Eleventh Circuit, and United States district courts located in Georgia. In addition, this Article discusses bills considered by the Georgia General Assembly during its 2009 session that are particularly relevant to product liability cases.

Real Property, Linda S. Finley

Mercer Law Review

The survey period, from June 1, 2008 to May 31, 2009, has been a volatile period for attorneys who regularly practice in areas involving real estate. Each day the media is replete with stories involving the country's historic economic crisis, and the effects can be seen in Georgia neighborhoods and in resulting legislation. Given our point in history, the cases and legislation discussed in this Survey were chosen for their significance to real property law and to update attorneys who regularly or occasionally practice or render opinions regarding real estate law.

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

Mercer Law Review

This Article describes selected cases and significant legislation from the period of June 1, 2008 through May 31, 2009, that pertain to Georgia fiduciary law and estate planning.

Death Penalty Law, Therese Michelle Day

Mercer Law Review

This Article provides a survey of death penalty case law in Georgia from June 1, 2008 through May 31, 2009. The cases included in this Survey were decided by the Georgia Supreme Court on interim appeal and direct appeal, and in one instance, on denial of certiorari by the United States Supreme Court. Discussion is limited to claims that present new issues of law, refine existing law, or are otherwise instructive.

Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Iii, Glen R. Fagan

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 interpreting Georgia law from June 1, 2008 to May 31, 2009. This Article also includes highlights of certain revisions to the Official Code of Georgia Annotated (O.C.G.A.).

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Davené D. Walker, Kelley B. Gray

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, 2008 and May 31, 2009. The cases surveyed fall primarily within five categories: (1) zoning; (2) condemnation; (3) nuisance and trespass; (4) easements and restrictive covenants; and (5) miscellaneous.

Business Associations, Paul A. Quirós, Lynn S. Scott, William S. Smoak Jr.

Mercer Law Review

This Article surveys noteworthy cases in the areas of corporate, limited liability company, partnership, agency, and joint venture law decided between June 1, 2008 and May 31, 2009 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. In addition, this Article provides an overview of important enactments during the 2009 Session of the Georgia General Assembly to the Official Code of Georgia Annotated (O.C.G.A.) with respect to banking, finance, commerce, corporation, partnership, and business associations statutes.

Criminal Law, Franklin J. Hogue

Mercer Law Review

This year I selected a small number of significant cases and amendments to Georgia criminal law on which to focus this Survey. This allows slightly more in-depth treatment within the space limitations and may be more useful, so I hope, to practicing trial lawyers in the ever-changing area of criminal law. This survey period covers developments from June 1, 2008 to May 31, 2009.

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

Mercer Law Review

In this survey period from June 1, 2008 to May 31, 2009, the courts stepped in to help those injured in motor vehicle incidents collect additional sums from uninsured motorist carriers even when the available uninsured motorist (UM) coverage may be equal to or less than the tortfeasor's liability coverage. Another notable development is found in a string of cases involving victims of mortgage fraud. The victims prevailed in all three cases.

Relationship Banker : Eugene W. Stetson, Wall Street, And American Business, 1916-1959, James L. Hunt

Books and Chapters

In 1916, Eugene W. Stetson, a thirty-five year old banker from Macon, Georgia, became a vice-president with the Guaranty Trust Company of New York, a 'Morgan Bank'. Although by this time Pierpont Morgan was dead, Guaranty still resided fully within the Morgan firm's orbit, its broader policies controlled by the votes of Morgan partners. Stetson took full advantage of the Guaranty-Morgan opportunity. Between 1916 and his death in 1959, he became president and chairman of Guaranty. He survived the booms and busts of World War I and its aftermath, the stock-crazed 1920s, the transformation of banking in the Depression, and …

Rethinking Categorical Prohibitions On Capital Punishment: How The Current Test Fails Mentally Ill Offenders And What To Do About It, Pamela A. Wilkins

Articles

My aim in this short Article is both specific and general. Specifically, I examine whether the Eighth Amendment should be held to prohibit imposition of death sentences upon offenders with severe mental illnesses, as is the case with mentally retarded and juvenile offenders. More generally, and perhaps more importantly, I examine the current Eighth Amendment test for categorical prohibitions, find it wanting, and propose a different test that, at least in my view, more neatly captures what the Eighth Amendment is intended to accomplish.

I believe the key to an Eighth Amendment analysis of categorical prohibitions lies in two dilemmas …

Is Religion The Environment’S Last Best Hope? Targeting Change In Individual Behavior Through Personal Norm Activation, Stephen M. Johnson

Articles

This Article explores the important role that religious organizations have played, and can play, in personal norm activation to influence change in individuals’ environmentally destructive actions. Part I of the Article describes the need for regulating or targeting individuals, in addition to industrial sources, in order to address many of the remaining significant environmental problems. Part II examines the advantages and disadvantages of targeting individual actions through command-and-control regulation, economic-based alternatives, and information disclosure programs. Part III outlines the concept of norm activation and details the manner in which information disclosure programs can be used to activate personal norms to …

Teaching Multiple Skills In Drafting & Simulation Courses, Karen J. Sneddon

Articles

Good morning. I am really excited to be at this conference as a transactional lawyer who never drafted anything before she went into practice and had very, very little experience with any of the other transactional skills that I would be using on a daily basis. I am really excited to hear about the number of courses and opportunities that students have now. Of course, I am thrilled to speak about the opportunities that I offer the students in my courses.

What I do is provide two opportunities to learn about counseling. Every student at Mercer University School of Law …

Race To The Left: A Legislator’S Guide To Greening A Corporate Code, Judd F. Sneirson

Articles

American corporate law tolerates green businesses. Green business decisions that are informed, disinterested, and made in the good-faith best interests of the firm will enjoy deference pursuant to the business judgment rule, whether the decisions maximize shareholder profits or sacrifice them in the name of sustainability. Corporate law generally stops there, however, and neither encourages green business efforts nor particularly discourages them.

States are more or less uniform in this approach, and thus new businesses selecting a state of incorporation have had no green basis for preferring one state’s corporate laws to those of another. Recent efforts in Oregon to …

Competition: The Next Generation Of Environmental Regulation?, Stephen M. Johnson

Articles

Risk. In the environmental arena, when determining whether to regulate or how to regulate activities or products, policymakers must begin by assessing the level of risk presented by the activity or product. Although essential information about the level of risk is often in the hands of the actors or producers, they may be reluctant to provide this information to policymakers, unless they are compelled to do so, because the disclosure of information about the risk presented by their activity or product could reduce demand for their activity or product, increase potential liability for harm caused by their activity or product, …