Law Commons^™

Battered Women And Self-Defense: Myths And Misconceptions In Current Reform Proposals , Holly Maguigan

University of Pennsylvania Law Review

No abstract provided.

Reconstructing The Establishment Clause: The Case Against Discretionary Accommodation Of Religion , Ira C. Lupu

University of Pennsylvania Law Review

No abstract provided.

Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg

Michigan Law Review

So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly's answer is generally no, 113 and the MaHaRaL's is yes.

The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii

Michigan Law Review

This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …

Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille

Michigan Law Review

This Note examines current approaches to the question of personal jurisdiction over alien patent infringers. Part I describes personal jurisdiction requirements in the context of patent infringement suits against aliens. The leading case addressing these requirements has been interpreted differently by several courts, thus resulting in conflicting outcomes. Part II explains the current controversy over the locus of the tort of patent infringement. The three different modes of reasoning currently used by courts to determine the locus of the tort would allow immunity from suit for the alien in at least two hypothetical cases. This Part concludes that in order …

A Practitioner's Guide To Oklahoma Trade Secrets Law, Past, Present, And Future: The Uniform Trade Secrets Act, Richard J. Cipolla Jr.

Tulsa Law Review

No abstract provided.

Minnick V. Mississippi: Rationale Of Right To Counsel Ruling Necessitates Reversal Of Michigan V. Mosley's Right To Silence Ruling, Christopher S. Trutchley

Tulsa Law Review

No abstract provided.

Resting In Mid-Air, The Supreme Court Strikes The Traditional Peremptory Challenge And Creates A New Creature, The Challenge For Semi-Cause: Edmonson V. Leesville Concrete Company, Bill K. Felty

Tulsa Law Review

No abstract provided.

Tightening The Noose On Tribal Criminal Jurisdiction: Duro V. Reina, Kenneth Factor

Tulsa Law Review

No abstract provided.

Employee Manuals As Implied Contracts: The Guidelines That Bind, Michael Rhodes Wallace

Tulsa Law Review

No abstract provided.

The Take-Or-Pay Wars: A Cautionary Analysis For The Future, J. Michael Medina

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Is Libel Law Worth Reforming , David A. Anderson

University of Pennsylvania Law Review

No abstract provided.

Advocacy Group Boycotting Of Network Television Advertisers And Its Effects On Programming Content, Patrick M. Fahey

University of Pennsylvania Law Review

No abstract provided.

Judicial Panel On Multidistrict Litigation: Time For Rethinking , Blake M. Rhodes

University of Pennsylvania Law Review

No abstract provided.

Clients, Lawyers And The Fifth Amendment: The Need For A Projected Privilege, Kevin R. Reitz

Duke Law Journal

No abstract provided.

Commercial Law, James C. Marshall

Mercer Law Review

On November 18, 1991, less than one week before the scheduled printing of this Article, a panel of the Georgia Court of Appeals ruled that Georgia's version of the Uniform Commercial Code ("U.C.C.") grants certain judgment creditors priority over later purchase money secured creditors. Given the obvious importance of this development, the editors of Mercer Law Review were kind enough to permit the author to append a hastily prepared discussion of the court's decision to the end of this Article. The reader consequently may wish to begin at the end.

Georgia County Liability: Nuisance Or Not?, R. Perry Sentell Jr.

Mercer Law Review

It is both historical and undeniable that local government law does not expose all "local governments" to the same "law." At various junctures, and for various reasons, applicable legal precepts may differ according to the nature of the governmental beast. Moreover, those differences may appear, disappear, converge, and diverge in seeming disorderliness, rendering the law's proverbial seamless web a forbidding fortress of analytical frustration. On occasion, the distinctions are admittedly minor; on occasion, they are of profoundly pivotal prominence.

Primarily, but not exclusively, the focused governmental entities will be municipalities and counties. Belying popular modern perceptions of assimilation, history's approach …

Handicap Legislation, Todd J. Sanders

Mercer Law Review

On July 26, 1990, amid both a great deal of celebration and predictions of disaster, President Bush signed into law the Americans with Disabilities Act of 1990 ("ADA"). Although many commentators have written about the ADA's employment discrimination provisions, they have given relatively little attention to Title III of the ADA. Title III concerns public accommodations and transportation systems such as railroads, buses, and demand responsive forms of transportation. The ADA's purpose is to make public accommodations more accessible to persons whom the ADA defines as disabled. Title III requires more than reserving handicapped parking spaces and building ramps for …

Appellate Practice And Procedure, Marion T. Pope Jr., Ann H. Kelley

Mercer Law Review

Practitioners in Georgia's state appellate courts recognize that the most important step in the appellate process is to first ascertain the proper procedure to insure that their appeal is properly before the court, Because the statutory and decisional law governing appellate practice and procedure is not immutable, the appellate practitioner must consistently strive to stay abreast of the law in this area. With these thoughts in mind, this Article will survey selected opinions of Georgia's state appellate courts pertaining to appellate practice and procedure rendered during the period from June 1, 1988 to May 31, 1991. The Article will also …

Business Associations, Paul A. Quirós, Lynn Scott Magruder

Mercer Law Review

This Article surveys noteworthy cases that Georgia appellate courts, the United States District Courts in Georgia, and the Eleventh Circuit Court of Appeals decided during the survey period as they relate to Georgia corporate, partnership, securities, and banking law. It also reviews important acts of the Georgia General Assembly concerning the areas of corporations, partnerships, securities, and banking law.

Construction Law, Brian J. Morrissey, Matthew W. Wallace

Mercer Law Review

Transactions within the construction industry are becoming increasingly complex as lawyers are required to consider intricate questions concerning such diverse areas as lender liability, insurance, and environmental law, along with the more traditional tort and contract principles. The recent economic downturn in the construction industry has changed the nature of the relationships between contractor, subcontractor, and developer, complicating the lawyer's task. This economic downturn has also sharpened the conflict in the Georgia Court of Appeals between age-old principles of contract and banking law and newer principles that may better reflect the increasingly complex legal environment. For example, Georgia courts have …

Domestic Relations, Barry B. Mcgough, Andrea G. Alpern

Mercer Law Review

In this survey period, the supreme court stretched its long-arm to overrule two earlier cases and to hold that compliance by a nonresident with a Georgia divorce decree does not insulate the nonresident from jurisdiction in Georgia. With a strong arm, the supreme court held that the child support guidelines are an optional "computational reference" and that trial courts lack the authority to award the federal income tax dependency exemption to noncustodial parents. Overruling a recent decision, the supreme court held that the interlocutory-application subsection, section 5- 6-34(b) of the Official Code of Georgia Annotated ("O.C.G.A."), must be followed in …

Evidence, Marc T. Treadwell

Mercer Law Review

The most significant development in Georgia evidence law during the survey period, as in the past two survey periods, was the continued effort to adopt a new Georgia evidence code based upon the Federal Rules of Evidence. The State Bar of Georgia is firmly committed to the adoption of the Georgia Rules of Evidence and has vigorously lobbied for the proposed rules in each of the past two sessions of the Georgia General Assembly. Although no organized opposition has arisen to the proposed rules, the rules have yet to be adopted. In the 1991 session of the General Assembly, as …

Torts, Cynthia Trimboli Adams, Charles R. Adams Iii

Mercer Law Review

It was a survey period marked by the lack of reconciliation. As always, the victims of civil wrongs other than breaches of contract, unreconciled to the perpetrators of those wrongs, sought redress instead 'in the courts, especially, for present purposes, the appellate courts. Plaintiffs remained unreconciled to the limitations on their rights in malpractice cases and prosecuted more appeals than ever in this burgeoning legal field. Defendants of many stripes, and some plaintiffs, too, unreconciled to the litigational tactics of their adversaries, continued to flood the courts with allegations of abusive litigation. The courts themselves, apparently unreconciled to some of …

Wills, Trusts, And Administration Of Estates, James C. Rehberg

Mercer Law Review

This survey period saw the enactment of Georgia's first comprehensive trust code, the enactment of less sweeping but still significant amendments affecting wills and administration of estates, and the usual number of judicial decisions in these areas.

Real Property, Robert L. Foreman Jr., T. Daniel Brannan, Stephen M. Lamastra

Mercer Law Review

During the survey period, many cases addressed real property issues in Georgia. Georgia courts were most active in the areas of zoning, condemnation, and landlord-tenant law. In the following pages, the authors review certain cases that signal developing trends or provide guidance in a specific area of the law.

• Mineral Rights
• Easements
• Construction of Document
• Mortgages and Security Deeds
• Foreclosure
• Dispossession
• Landlord and Tenant
• Liens
• Sales Contracts
• Vendors and Purchasers
• Real Estate Brokers
• Trespass on Realty
• Zoning
• Eminent Domain and Condemnation
• Transfer Tax
• Legislation

Worker's Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr.

Mercer Law Review

Having experienced substantial legislative changes in 1990, the workers' compensation pendulum swung back to the appellate courts during the most recent survey period, resulting in equally far-reaching developments. The flurry of appellate decisions is notable for the efforts of Georgia's appellate courts to strike a balance between the humane purposes of the Workers' Compensation Act (the "Act") and the ever-increasing economic burdens placed upon society by both the workers' compensation system and health care in general.

The decisions concerning the parameters of suitable employment, the all-issues statute of limitations, and the exclusive remedy doctrine typify the ebb and flow of …

Criminal Law, Frank C. Mills Iii

Mercer Law Review

In the hundreds of cases reviewed for this survey, there were few earthshaking decisions. DNA evidence has arrived in Georgia, and the year and- a-day rule has left. Nevertheless, there are more noteworthy cases than can be adequately addressed in this survey. There are plenty of pitfalls for the unwary. In fact the most notable trend is the ever-increasing number of challenges to former counsel. Prosecutors, defense counsel, and courts are well-advised to use the Checklist for Unified Appeals as a guide in any criminal case.

Due to the significance of the Checklist for Unified Appeal, the author uses a …

Insurance, Maximilian A. Pock

Mercer Law Review

The big news for 1991 is the repeal of Georgia's No-Fault Act. The Dawkins/Taylor Bill,1 which became law in- April 1991 and effective on October 1, 1991, surgically exscinded all no-fault provisions from the Georgia Motor Vehicle Accident Reparations Act and replaced them with an extensively revamped compulsory automobile liability insurance system. During its sixteen-year reign, Georgia's no-fault regime, embroidered by numerous amendments, has spawned an amount of litigation that rivals or surpasses that of the Uninsured Motorist Act. At least ten percent of all appellate judge-time was devoured by no-fault cases. Accordingly, the purveyors of no-fault, who captured our …