Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Mercer University School of Law

Journal

Discipline
Keyword
Publication Year

Articles 1 - 30 of 1807

Full-Text Articles in Law

The Real World: Iqbal/Twombly The Plausibility Pleading Standard’S Effect On Federal Court Civil Practice, Matthew Cook, Kate Cook, Nathan Nicholson, Joshua Bearden Apr 2024

The Real World: Iqbal/Twombly The Plausibility Pleading Standard’S Effect On Federal Court Civil Practice, Matthew Cook, Kate Cook, Nathan Nicholson, Joshua Bearden

Mercer Law Review

Several publications already exist detailing the evolution of American civil pleading standards, the personalities involved throughout, as well as the differing iterations’ theoretical and philosophical underpinnings. This Article is written not from the viewpoint of a scholar, but a practitioner. It is the practitioner who drafts, files, and defends against these pleadings. It is the practitioner who provides the “boots on the ground” execution of legislative and judicial directives. It is the practitioner who experiences the aspects of litigation that are not ultimately published in a reporter. And it is the practitioner who must explain to his or her clients …


Going Beyond Fear In Addressing Attorney Mental Health, Eric C. Lang Apr 2024

Going Beyond Fear In Addressing Attorney Mental Health, Eric C. Lang

Mercer Law Review

We know that a career in law is challenging, but our profession has only recently focused on the mental health consequences of those challenges. We first started analyzing mental health issues after a number of attorney suicides caught the public eye. Realizing the problem was much broader than the tragic outcome of suicide, we have spent the last several years focused on the use of statistics to convince the profession of its own dangers. The solution, to date, has been an emphasis on Lawyer Assistance Programs and “wellness” initiatives accompanied by what could be described as scare tactics designed to …


Victor Hugo Was Right All Along: Les Misérables, The Tragedy Of A Punitive Parole System, And A Modern Path Forward, Sarah Gerwig Apr 2024

Victor Hugo Was Right All Along: Les Misérables, The Tragedy Of A Punitive Parole System, And A Modern Path Forward, Sarah Gerwig

Mercer Law Review

Les Misérables, Victor Hugo’s tragic novel, was published over 160 years ago and yet it continues to capture imaginations and sympathies worldwide. It was made into an award-winning film over a decade ago. But before that, Les Misérables was one of the most popular Broadway musicals ever produced, having been viewed by over sixty million people, even beyond the viewership of other popular renditions in film and television. Despite (or perhaps because of) its heartbreaking themes, audiences sympathize with the main characters’ quest for redemption. How easy, in the story, to see the struggles and barriers Jean Valjean encounters—and …


Don’T Lose The Remote: An Employer’S Guide To Remote Employee And Trade Secret Retention Without Non-Competes, Kayla Lya Pfeifer Apr 2024

Don’T Lose The Remote: An Employer’S Guide To Remote Employee And Trade Secret Retention Without Non-Competes, Kayla Lya Pfeifer

Mercer Law Review

This Comment discusses potential employer solutions to the intersectional challenges of balancing trade secret protection and employee retention in a post-COVID-19 remote employment market. First, this Comment provides an overview of the FTC’s proposed rule to ban non-competes, as well as the political context and history behind the FTC’s enhanced focus on policing anti-competitive business behaviors. Additionally, this Comment explains the utility behind non-competes and contextualizes the ban’s potential effects through a legal survey of non-compete enforceability in the U.S. To illustrate the steep challenge of trade secret protection in the modern employment market, this Comment separately analyzes the rise …


Solving A Sixth Amendment Crisis: The Case For Resource Parity In Georgia’S Indigent Defense System, Meagan R. Hurley Apr 2024

Solving A Sixth Amendment Crisis: The Case For Resource Parity In Georgia’S Indigent Defense System, Meagan R. Hurley

Mercer Law Review

The United States criminal legal system employs what is said to be an “adversary” system—one in which opposing parties—the prosecution and the defense—present their evidence and arguments (usually in conflict with one another) to a neutral third party (a judge or jury) for adjudication. The idea behind the adversarial process is that a judge or jury is best positioned to make determinations of guilt or innocence once provided with reliable information from competent, zealous, and prepared advocates on both sides of the podium. At its core, the adversarial system is meant to function as the mechanism by which constitutional principles …


“911: What’S Your Emergency?” Georgia’S Certificate Of Need Requirements Inhibit Rural Access To Quality Healthcare, Tessa Sizemore Apr 2024

“911: What’S Your Emergency?” Georgia’S Certificate Of Need Requirements Inhibit Rural Access To Quality Healthcare, Tessa Sizemore

Mercer Law Review

This Comment will describe the rise and fall of CON programs in America and will propose solutions to problems caused by Georgia’s current CON program. Part II will describe the history of healthcare regulation in America as it relates to CON programs. Part III will discusse Georgia’s adoption of a CON program and the State’s current CON statutory scheme. Part IV will summarize recent debate among Georgia legislators and will identify problems with Georgia’s CON program. Part V will compare Georgia’s CON program to those in other states. Part VI will then suggest steps that may provide some relief to …


Different Sides Of The Same Coin: How The Eleventh Circuit Deepened The Circuit Split For An Americans With Disabilities Act Failure-To-Accommodate Claim In Beasley V. O’Reilly Auto Parts, Anna Carr Hanks Apr 2024

Different Sides Of The Same Coin: How The Eleventh Circuit Deepened The Circuit Split For An Americans With Disabilities Act Failure-To-Accommodate Claim In Beasley V. O’Reilly Auto Parts, Anna Carr Hanks

Mercer Law Review

Through its decision in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit deepened the split among the circuit courts nationwide by explicitly requiring an adverse employment action in failure-to-accommodate claims under Title I of the Americans with Disabilities Act. Through this opinion, the Eleventh Circuit joined the minority of circuits and suggested that the Supreme Court of the United States may soon need to revisit this issue to resolve the uncertainty stemming from this fundamental disagreement among the circuits.


Should Georgia Bet On Sports?, H. Madison Short Apr 2024

Should Georgia Bet On Sports?, H. Madison Short

Mercer Law Review

Following the Court’s decision in Murphy, Georgia legislators have repeatedly introduced bills to legalize sports betting. However, despite these efforts, the 2023 legislative sessions concluded without the passage of multiple bills aimed at achieving this goal. Nonetheless, with mounting pressure and support, it seems increasingly likely that Georgia voters will soon have the opportunity to amend the state’s constitution to legalize it. This Comment analyzes whether legalizing sports betting would be in Georgia’s best interest. Part II will provide a brief overview of PASPA, followed by an examination of why the Supreme Court of the United States held it to …


Secrets, Secrets Are No Fun: Supreme Court Of Georgia Expands The Possible Remedies For A Confidential Breach Of Fiduciary Relationship And Analyzed Certified Questions Of Law, Olivia M. Sanders Apr 2024

Secrets, Secrets Are No Fun: Supreme Court Of Georgia Expands The Possible Remedies For A Confidential Breach Of Fiduciary Relationship And Analyzed Certified Questions Of Law, Olivia M. Sanders

Mercer Law Review

The crux of the Supreme Court of Georgia’s decision in King v. King revolved around one theme: the consequences for a party that fails to disclose information in a confidential and fiduciary relationship. In King, the plaintiff’s difficult circumstances began over three decades earlier when his father died in a plane crash and a wrongful death suit was filed on his behalf. Though the plaintiff became entitled to settlement funds as a result of the wrongful death suit, the plaintiff never received the funds and filed a suit accordingly, alleging that the defendant breached his fiduciary duties and converted the …


Identity Crisis: The Supreme Court Of Georgia’S New Framework May Have Widespread Impact On Extended-Stay Motels And Their Occupants, Dawson B. Welsh Apr 2024

Identity Crisis: The Supreme Court Of Georgia’S New Framework May Have Widespread Impact On Extended-Stay Motels And Their Occupants, Dawson B. Welsh

Mercer Law Review

Certainty is a trait valued highly by many, and it is perhaps most valued in the world of business where minimizing risk and maximizing profit is the name of the game. Efficiency Lodge, Inc. v. Neason developed what appeared to be a routine fight over occupancy into one of the most important redefinitions of a legal framework in the field of real estate. The Supreme Court of Georgia’s analysis of the relationships provides a legal framework for Georgia courts to apply when attempting to parse out the rights of the parties by specifically providing a new way for courts to …


Sticks And Stones May Break My Bones, But Words Will Never Hurt Me. Or Will They? The Eleventh Circuit Expands The “Extreme Cruelty” Definition In 8 U.S.C. §1229b(B)(2) To Encompass Mental And Physical Abuse In Ruiz V. United States Attorney General, Sydnie N. Winter Apr 2024

Sticks And Stones May Break My Bones, But Words Will Never Hurt Me. Or Will They? The Eleventh Circuit Expands The “Extreme Cruelty” Definition In 8 U.S.C. §1229b(B)(2) To Encompass Mental And Physical Abuse In Ruiz V. United States Attorney General, Sydnie N. Winter

Mercer Law Review

The Violence Against Women Act (VAWA), originally passed in 1994, was the first federal legislation acknowledging domestic violence as a crime. As part of this Act, Congress enacted 8 U.S.C. § 1229b(b)(2), a rule that allows battered spouses (or children) who are not citizens or nationals of the United States of America to seek the discretionary cancellation of the government’s removal of them from the country. The VAWA special-rule was enacted as a way to enable abuse victims to obtain discretionary deportation relief, allowing them to leave their abusers without fear of deportation or other immigration-related consequences. ...

The United …


“When Did African Americans Get The Right To Vote In Georgia?”, Marc T. Treadwell Mar 2024

“When Did African Americans Get The Right To Vote In Georgia?”, Marc T. Treadwell

Mercer Law Review

Most know that the post‑Civil War Fifteenth Amendment guaranteed citizens of all races, or at least male citizens of all races, the right to vote. But notwithstanding the keen interest today in voting rights and alleged voter suppression and that well-known Fifteenth Amendment, few know that for decades African Americans were banned outright from voting in primary elections that determined state and local leaders in many Southern states. In the post‑Reconstruction South, the Democratic Party controlled every facet of state politics and government. The Party’s whites‑only primary elections ineluctably determined the outcome of general elections. The party did not allow …


Accountability Courts In Georgia: Judges In The State Of Georgia Explain How They Have Been Empowered By Visionary Political And Judicial Leaders To Tackle Crime, Prison Population, Mental Illness, And Drug Dependency Through Service In Accountability Courts, W. James Sizemore Jr. Mar 2024

Accountability Courts In Georgia: Judges In The State Of Georgia Explain How They Have Been Empowered By Visionary Political And Judicial Leaders To Tackle Crime, Prison Population, Mental Illness, And Drug Dependency Through Service In Accountability Courts, W. James Sizemore Jr.

Mercer Law Review

Georgia leads the way nationally when it comes to promoting and funding the expansion of accountability courts (commonly called drug courts or mental health courts). The fact that the effort to expand such courts in Georgia was spearheaded by Republican Governor Nathan Deal is surprising to some. This article provides a peek behind the curtain at the massive judicial and political effort to make accountability courts an essential part of criminal justice reform in the State of Georgia.

The article begins with a brief look at the history of accountability courts in Georgia, specifically focusing on several Superior Court Judges …


Mercer Law School’S Legacy Of Service To The Profession, Franklin T. Gaddy, Siena Berrios Gaddy, Thomas Alec Chappell, E. Tate Crymes Mar 2024

Mercer Law School’S Legacy Of Service To The Profession, Franklin T. Gaddy, Siena Berrios Gaddy, Thomas Alec Chappell, E. Tate Crymes

Mercer Law Review

Hon. William Augustus Bootle, a 1925 graduate of Mercer Law School and 1924 graduate of Mercer University, penned of his alma mater, “[the] school was conceived in professionalism and dedicated to excellence.” Similarly, “Altruism, not the promotion of selfish aims, has been the inspiration of the [Georgia Bar] Association throughout its entire history.” As noted by Judge Bootle, Mercer Law School’s legacy of service to the profession began long before the establishment of the State Bar of Georgia as we know it today.

Today, Mercer Law School remains dedicated to serving the legal profession. This commitment to serve and devote …


School Pronouns And The Compelled-Speech Objection, Phillip Seaver-Hall Mar 2024

School Pronouns And The Compelled-Speech Objection, Phillip Seaver-Hall

Mercer Law Review

America’s transgender youth are entrenched in a nationwide mental health crisis. A majority of transgender teenage boys have attempted suicide at least once, and roughly a third of transgender teenage girls have done the same. To mitigate this national emergency, many public school districts have begun requiring their teachers to use transgender students’ preferred names and pronouns. Many conservatives, however, insist that such rules violate the First Amendment’s prohibition of compelled speech.

This article thoroughly dissects that argument and exposes its flaws. It examines the compelled‑speech objection through the lens of the government speech doctrine, weighs countervailing academic‑freedom concerns, proposes …


Experiential And Public Service Learning At Mercer Law School At The 150th Anniversary And Beyond, Sarah Gerwig Mar 2024

Experiential And Public Service Learning At Mercer Law School At The 150th Anniversary And Beyond, Sarah Gerwig

Mercer Law Review

In this, the 150th year since Mercer University opened the doors of its fledgling law school, it is good to reflect. We reflect on who we are, where we came from, where we want to be in 2173, if law school and the law and humankind still exist 150 years from now.

Law school faculty and administration often describe our students’ ethic of public service; 1Ls (as we call them with affection) often arrive eager for opportunities to help others—and help they do. Almost every student-led organization spearheads generous annual volunteer projects, including coordinating backpack donation drives, providing holiday presents …


The Poison Drips Through: Scotus Thins Anti-Discrimination Rights In Wake Of Legislative Attacks On The Lgbtq+ Community, Emma Blue Mar 2024

The Poison Drips Through: Scotus Thins Anti-Discrimination Rights In Wake Of Legislative Attacks On The Lgbtq+ Community, Emma Blue

Mercer Law Review

Anti‑LGBTQ+ legislation has surged to a record high through state legislatures with more than 500 bills introduced and nearly 100 laws signed in 2023 alone. The overwhelming rise in targeted legislation has led the Human Rights Campaign, the largest LGBTQ+ civil rights organization in the United States, to officially declare a state of emergency for the LGBTQ+ community for the first time. The legislative attacks have branched across the nation, from curriculum to performance, seeking to ban books from schools and libraries, as well as banning public drag shows. The First Amendment of the United States Constitution has been turned …


Pick Your Poison: Opioids Following The Trends Set By Alcohol And Tobacco Litigation, Luckshume Ketheeswaran Mar 2024

Pick Your Poison: Opioids Following The Trends Set By Alcohol And Tobacco Litigation, Luckshume Ketheeswaran

Mercer Law Review

Parents, children, and siblings of opioid abusers argued that three large-scale, drug distributors improperly supplied opioids to pharmacies, leading to “abuse of the drugs and the fallout that abuse brought with it.”3 Further, they argued that profit-driven distributors willingly and recklessly “flooded” the city of Brunswick and Glynn County with opioids. Even so, the jury found against the plaintiffs; though potentially sympathetic to the lives ruined by opioids, the jury remained unconvinced that all liability fell on the distributors.

On March 1, 2023, the jury found for the three, large‑scale drug distributors, finding the defendants neither liable under Georgia’s Drug …


The Devil’S In The Details: Georgia Supreme Court Discharges And Acquits Defendant Because Jury Oath Was Never Administered, Lillie Tate Andrews Mar 2024

The Devil’S In The Details: Georgia Supreme Court Discharges And Acquits Defendant Because Jury Oath Was Never Administered, Lillie Tate Andrews

Mercer Law Review

Behind the bench of the Supreme Court of Georgia, there is a phrase inscribed on the wall: Fiat justitia ruat caelum, Latin for “Let justice be done, though the heavens may fall.” This motto serves as a daily reminder that justice must be served, regardless of the consequences. It is often said that the judiciary’s role is to apply the law as it exists. As such, judges must refrain from allowing their emotions to dictate their decisions—even when those decisions have unpleasant consequences. Because the legal profession is self-regulated, its rules and regulations are only as effective as the professionals …


Fore! Supreme Court Of Georgia Delivers Loss To Homeowners Asserting An Implied Easement In Their Neighborhood Golf Course, Joey Hargadon Mar 2024

Fore! Supreme Court Of Georgia Delivers Loss To Homeowners Asserting An Implied Easement In Their Neighborhood Golf Course, Joey Hargadon

Mercer Law Review

The Supreme Court of Georgia delivered a big win to neighborhood developers and a massive loss to homeowners seeking to enforce easement rights in residential neighborhood features. In WS CE Resort Owner, LLC v. Holland, neighborhood homeowners sought an injunction against the developer of their subdivision to prevent the planned removal and redevelopment of a neighborhood golf course. The court’s decision showcased that a mere label of “golf course” on a subdivision plat is insufficient to show a subdivider’s intent to grant homeowners an easement in the recreational area adjacent to their properties. In clarifying what a petitioner must …


To Heck And Back: The Eleventh Circuit Clarifies How Pro Se Litigants Can Avoid Incognizable Excessive Force Claims In Hall V. Merola, Cameron Obioha Mar 2024

To Heck And Back: The Eleventh Circuit Clarifies How Pro Se Litigants Can Avoid Incognizable Excessive Force Claims In Hall V. Merola, Cameron Obioha

Mercer Law Review

At the very beginning of the opinion, the United States Court of Appeals for the Eleventh Circuit expressed that this was “one Heck of an appeal.” Patrick Valencia, Wendall Hall’s appointed lawyer on appeal, seemed to think so, too. Hall represented himself pro sefor years while incarcerated in Florida’s state prison system, and knew his case “backwards, forwards, sideways, upwards, downwards, in the dark.” Nonetheless, after he filed the initial briefs for his own appeal, the Eleventh Circuit determined it best for Hall to take second chair. When asked about his appointment to represent Hall, Valencia stated that “[he] …


Zoning And Land Use Law, Newton M. Galloway, Steven J. Jones, Joshua Williams Dec 2023

Zoning And Land Use Law, Newton M. Galloway, Steven J. Jones, Joshua Williams

Mercer Law Review

Each annual survey of Georgia zoning and land use law since 2017 has chronicled judicial decisions ostensibly intended to transform legislative zoning decisions into quasi-judicial actions. These include City of Cumming v. Flowers, in which the Supreme Court of Georgia held a local government variance decision, and any other zoning or entitlement decision tightly controlled by the local ordinance, is quasi-judicial and may only be appealed by writ of certiorari, regardless of the mechanism for appeal set out in the local government’s ordinance; York v. Athens College of Ministry, Inc., in which the Court of Appeals of Georgia …


Evidence, John E. Hall Jr., W. Scott Henwood, Krysta Grymes Dec 2023

Evidence, John E. Hall Jr., W. Scott Henwood, Krysta Grymes

Mercer Law Review

In the decade following the adoption of Georgia’s new evidence code, courts throughout the state have analyzed and ruled upon complex issues involving the interpretation of the new rules, along with how to reconcile the new rules with the vast body of existing precedent. This Article discusses continuing interpretations of Georgia’s evidence rules in Title 24 of the Official Code of Georgia Annotated (O.C.G.A.), for the period of June 1, 2022 through May 31, 2023, specifically delving into: (1) the admissibility of layperson opinion evidence; (2) the admissibilityof “other acts” evidence; and (3) judicial interpretations of “unfairprejudice” in relation to …


Trial Practice And Procedure, Joseph M. Colwell, Christopher B. Mcdaniel Dec 2023

Trial Practice And Procedure, Joseph M. Colwell, Christopher B. Mcdaniel

Mercer Law Review

This Article addresses selected opinions and legislation of interest to Georgia civil trial practitioners issued during the survey period of this publication.


Principles Of Georgia Constitutional Interpretation, Nels S.D. Peterson Dec 2023

Principles Of Georgia Constitutional Interpretation, Nels S.D. Peterson

Mercer Law Review

The Supreme Court of Georgia routinely emphasizes the importance of interpreting the Georgia Constitution on its own terms, and not merely importing federal interpretations of the federal Constitution. That makes sense, “[r]eal federalism means that state constitutions are not mere shadows cast by their federal counterparts, always subject to change at the hand of a federal court’s new interpretation of the federal Constitution." But independent interpretation of the Georgia Constitution is often easier to talk about than to do.


Business Associations, Scott Lowry Dec 2023

Business Associations, Scott Lowry

Mercer Law Review

This Article surveys a selection of noteworthy cases involving business associations that Georgia courts decided between June 1, 2022 and May 31, 2023. This Article also briefly highlights the 2023 update to the Georgia Nonprofit Corporation Code, sections 14-3-101–1703 of the Official Code of Georgia Annotated, which was signed by Governor Kemp on May 2, 2023, and took effect on July 1, 2023.


Capital Punishment, Carlos Wood Dec 2023

Capital Punishment, Carlos Wood

Mercer Law Review

In Glossip v. Gross, a 2015 Supreme Court of the United States case that addressed the constitutionality of Oklahoma’s lethal injection protocol, Justice Breyer authored a dissent, joined by Justice Ginsburg, in which he noted the declining use of the death penalty in the United States. Justice Breyer began his dissent by noting the downward trajectory of the number of convictions that resulted in capital sentences. The evidence he cited included the following: from 1986 to 1999, approximately 300 people on average were sentenced to death every year, but in 2000, this number began to decline rapidly. In 2014, …


Criminal Law, J. Scott Key Dec 2023

Criminal Law, J. Scott Key

Mercer Law Review

This Article reviews some of the most important opinions impacting the practice of criminal law delivered by the Supreme Court of the United States and the Supreme Court of Georgia covering the period from June 1, 2022, up and until May 31, 2023, as well as legislation adopted by the Georgia General Assembly during the 2023 session. This Article is designed to be a general overview for both prosecutors and defense attorneys of decisions and new statutes and serves as a broad guideline to how these decisions will affect the practice of criminal law.


Administrative Law, Moses M. Tincher, Abrianna Harris Dec 2023

Administrative Law, Moses M. Tincher, Abrianna Harris

Mercer Law Review

This Article surveys cases from the Supreme Court of Georgia and the Court of Appeals of Georgia from June 1, 2022 through May 31, 2023, in which principles of administrative law were a central focus of the case. Review of decisions by administrative agencies will be the first topic discussed, followed by cases discussing discretionary appeals, followed by cases discussing procedural requirements, with scope of authority to follow. The Article will conclude with cases discussing statutory construction


Construction Law, Peter F. Crofton, David R. Cook, C. Jackson Parker Dec 2023

Construction Law, Peter F. Crofton, David R. Cook, C. Jackson Parker

Mercer Law Review

This annual Survey Article focuses on noteworthy opinions by Georgia appellate courts and federal courts in Georgia relevant to the practice of construction law. This Survey Article highlights key developments, including Georgia’s Anti-Indemnity Act, High Voltage Safety Act, Lien Waiver Statute, the United States Supreme Court’s recent Sackett v. EPA decision, the Southern States Chemical and Tampa Tank dispute, insurance coverage updates, discovery, forum selection clauses, and more. For construction lawyers, these developments are essential to understand in navigating the ever-evolving practice of construction law in Georgia.