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Articles 31 - 52 of 52
Full-Text Articles in Law
Intellectual Property, Laurence P. Colton, Nigamnarayan Acharya, Michael J. Bootcheck
Intellectual Property, Laurence P. Colton, Nigamnarayan Acharya, Michael J. Bootcheck
Mercer Law Review
This Article surveys case law developments in the area of intellectual property, including patents, copyrights, and trademarks, relevant to Georgia during the period from January 1, 2004 to December 31, 2004. The authors have not attempted to include all cases that touch upon intellectual property, but instead have selected decisions that are of more significance or interest or that may indicate a particular direction in the areas of law. While the cited cases often have multiple issues, the authors have reported only on the more relevant or interesting issues.
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Mercer Law Review
The 2004 survey period yielded several noteworthy decisions relating to federal trial practice and procedure, many of which concerned issues of first impression in the Eleventh Circuit Court of Appeals. This Article analyzes several recent developments in the Eleventh Circuit, including significant rulings in the areas of evidence, civil procedure, statutory interpretation, jurisdiction, as well as other issues of interest to the trial practitioner.
United States V. Patane: The Supreme Court's Continued Assault On Miranda, David Bosworth
United States V. Patane: The Supreme Court's Continued Assault On Miranda, David Bosworth
Mercer Law Review
In United States v. Patane, the United States Supreme Court ruled on the issue of whether a police officer's failure to give a suspect the complete Miranda warnings required the court to suppress a gun found as a result of the suspect's voluntary statements. In a 5-4 decision, the Court held that failure to give such warnings does not require suppression of physical evidence gained from unwarned voluntary statements. The dissenting justices were concerned about the negative effects this ruling would have on police procedures, judicial inquiries, and suspect's rights. This decision creates another exception to the Miranda rule …
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 …
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 …
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.
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.
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 …
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
"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 …