Law Commons^™

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.

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

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 …

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 …

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 …

“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 …

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 …

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 …

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

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 …

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] …

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 …

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 …

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 …

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 …

Labor And Employment Law, W. Jonathan Martin Iii, Alyssa K. Peters, Patricia-Anne Brownback, David S. Cromer

Mercer Law Review

This Article surveys revisions to the Official Code of Georgia Annotated (O.C.G.A.) and decisions interpreting Georgia law from June 1, 2022 to May 31, 2023, that affect labor and employment relations for Georgia employers.

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.

Confederate Standoff: The Georgia Supreme Court Clarifies Standing Requirements In Sons Of Confederate Veterans V. Henry County Board Of Commissioners, Clay Wright

Mercer Law Review

The Supreme Court of Georgia’s ruling in Sons of Confederate Veterans v. Henry County Board of Commissioners marks a transformative moment in the evolution of Georgia’s standing doctrine. The case delves into the dimensions of standing in Georgia courts, specifically addressing whether community stakeholders, such as citizens, residents, taxpayers,and voters, must prove an individualized injury to establish standing when raising a general grievance against their local government.

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 …

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

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, …

Real Property, Erica L. Sullivan

Mercer Law Review

This Article surveys developments in Georgia real property law between June 1, 2022 and May 31, 2023. This Article will cover several interesting cases decided during the survey period and will also take a look at one of the new legislative updates that may impact practitioners in the future.

State Constitutional Law:Standing To Litigate Public Rights In Georgia Courts, Randy Beck

Mercer Law Review

State courts interpreting state constitutions face the recurring issue of how much weight to afford Supreme Court of the United States precedent addressing comparable questions under the United States Constitution. At one end of the spectrum, many state courts routinely engage in what federal Judge Jeffrey Sutton calls “lockstepping,” importing federal doctrine wholesale into state decisional law. For a court engaged in lockstepping, concepts like freedom of speech or equal protection of the laws under a state constitution mean whatever the U.S. Supreme Court interprets them to mean under the federal Constitution, even if the state provision differs in potentially …

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.

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

Mercer Law Review

This Survey Article discusses significant cases decided by the Georgia appellate courts during the period of June 1, 2022 through May 31, 2023, and significant Georgia legislation enacted in that same period that relate to Georgia probate and trust law, guardianship, and estate planning. Two of the cases described herein, Slosberg v. Giller and Hall v. Davis Lawn Services, Inc., are decisions of the Supreme Court of Georgia. Effective July 1, 2017, the Georgia General Assembly enacted O.C.G.A. § 15-3-3.1, which provides that the Georgia Court of Appeals has appellate jurisdiction over cases relating to wills and trusts. However, …

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

Mercer Law Review

Panels, Pandemics, Premiums, and Partnerships

This Survey Article explores legislative developments and judicial decisions by Georgia courts involving panels of physicians, joint ventures, subrogation, setting aside settlements, and insurance premiums to provide practitioners, academics, and law students with a comprehensive overview of the ever-evolving legal framework governing workers’ compensation in Georgia during the survey period.

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 …

Torts: Hear Me Roar, Pamela Wilkins

Mercer Law Review

The Supreme Court of Georgia decided only a handful of tort and tort-adjacent cases in 2022–2023. But don’t mistake the small number for small impact. Quite the opposite. The 2022–2023 term included at least two tort-adjacent blockbusters in General Motors, LLC v. Buchanan and Taylor v. Devereux Foundation, Inc. It also included a significant products liability case, Domingue v. Ford Motor Co.; two cases exploring the significance of non-disclosure in fraud cases; and several cases clarifying the scope of earlier precedents. Buchanan, Taylor, and Domingue all included amicus briefs—a lot of amicus briefs—a sure signal of …

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.

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Survey covers the period from June 1, 2022 to May 31, 2023 and discusses developments with respect to attorney discipline, bar admission and readmission, malpractice and other civil claims against lawyers, ineffective assistance of counsel, prosecutorial misconduct, attorney’s liens, judicial conduct, disqualification and withdrawal of counsel, contempt, proposed formal advisory opinions of the State Bar of Georgia Formal Advisory Opinion Board, and proposed amendments to the Georgia Rules of Professional Conduct.