Law Commons^™

Pruning The Political Thicket: The Case For Strict Scrutiny Of State Ballot Access Restrictions, Kevin Cofsky

University of Pennsylvania Law Review

No abstract provided.

Life Begins At The Moment Of Conception For The Purposes Of W. Va. Code 55-7-5: The Supreme Court Of Appeals Of West Virginia Rewrites Our Wrongful Death Statute, Jason Cuomo

West Virginia Law Review

No abstract provided.

A Practical View Of Farley V. Sartin, Thomas J. Hurney Jr.

West Virginia Law Review

No abstract provided.

Adjudication And The Administrative Procedure Act, Bernard Schwartz

Tulsa Law Review

No abstract provided.

Judicial Review In Midpassage: The Uneasy Partnership Between Courts And Agencies Plays On, Patricia M. Wald

Tulsa Law Review

No abstract provided.

Fifty Years With The Administrative Procedure Act And Judicial Review Remains An Enigma, James C. Thomas

Tulsa Law Review

No abstract provided.

The Influence Of The Federal Administrative Procedure Act On California's New Administrative Procedure Act, Michael Asimow

Tulsa Law Review

No abstract provided.

Table Of Contents / Masthead

Tulsa Law Review

No abstract provided.

Regulatory Flexibility And The Administrative State, Marshall J. Breger

Tulsa Law Review

No abstract provided.

Case Against Postmodern Censorship Theory , Steven G. Gey

University of Pennsylvania Law Review

No abstract provided.

Shareholder Franchise-No Compromise: Why The Delaware Courts Must Proscribe All Managerial Interference With Corporate Voting , Morgan N. Neuwirth

University of Pennsylvania Law Review

No abstract provided.

The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank

William & Mary Bill of Rights Journal

Judicial independence, which first developed in the Anglo-American legal system, is valued by many countries as an important condition for the rule of law. Its existence in any legal system, however, depends on concrete institutional arrangements. In this Article, Professor Plank identifies four institutional elements necessary to establish and maintain an independent judiciary: fixed tenure (with limited exceptions), fixed and adequate compensation, minimum qualifications, and limited civil immunity. The presence of these elements ensures an independent judiciary in many countries. The lack of permanent tenure for judges in most American states, however, raises serious questions about their independence.

To test …

A Clash Of Fundamental Rights: Conflicts Between The Fifth And Sixth Amendments In Criminal Trials, Roderick R. Ingram

William & Mary Bill of Rights Journal

The United States Constitution's Fifth and Sixth Amendments protect the rights of criminal defendants and witnesses. The Fifth Amendment's privilege against self-incrimination protects witnesses from forced self-incrimination, and the Sixth Amendment provides criminal defendants with the right to cross-examine prosecution witnesses and to have compulsory process for obtaining witnesses. These fundamental rights conflict when a prosecution witness invokes the Fifth Amendment privilege on cross-examination or when a defense witness invokes the privilege on direct-examination. A grant of either use or transactional immunity would remove the potential for self-incrimination, but courts are split on whether they possess the authority to grant …

The Emerging Bad Faith Cause Of Action Takes On The Exclusive Remedy Doctrine, Robert R. Potter, Joan T.A. Gabel

Mercer Law Review

The Georgia Workers' Compensation Act ("the Act") and the related regulations establish a system of comprehensive medical coverage and income benefits for employees who suffer work-related injuries. Workers' compensation is a statutory scheme that grants the injured employee a sure remedy of scheduled income benefits and medical coverage without regard to fault; in exchange, the employer and insurer escape the high costs of litigation and the threat of compensatory and punitive damages. Under this quid pro quo, employees injured at work have as their exclusive remedy the workers' compensation system, thereby giving rise to the "exclusive remedy doctrine." The integrity …

Ucc Update: Revised Articles 3 And 4, Michael D. Sabbath

Mercer Law Review

The National Conference of Commissioners on Uniform State Laws and the American Law Institute, cosponsors of the Uniform Commercial Code ("UCC"), have approved comprehensive changes to Articles 3 and 4. The Revised Articles were initially presented to the various states for approval in early 1991. As of September 1996, forty-four jurisdictions have adopted the Revised Articles, most with few, if any, variations to the official text.'Revised Articles 3 and 4 became law in Georgia effective July 1, 1996.

Few debate that Prior Articles 3 and 4, which were drafted more than forty years ago, were in need of revision. Article …

Business Associations, Paul R. Quirós, Lynn Schutte Scott, Gregory M. Beil

Mercer Law Review

This Article surveys noteworthy cases that the Georgia Appellate Courts, the United States District Courts in Georgia, and the United States Court of Appeals decided during the survey period as they relate to Georgia corporate, partnership, securities, and banking laws. It also highlights certain enactments by the Georgia General Assembly revising the Official Code of Georgia Annotated ("O.C.G.A.").

Construction Law, Brian J. Morrissey

Mercer Law Review

Last year's survey period focused on efforts to expand the passive concealment doctrine in construction cases and the parameters of arbitration under the Georgia Arbitration Code.

Substantively, with respect to expanding doctrines of fraud as they pertain to construction projects, the courts rejected attempts to impose liability for passive concealment in commercial settings. Historically, the doctrine of passive concealment has been applied to residential building relationships, but never in a commercial transaction. Part of the impetus behind this move is the fact that in a typical construction dispute involving economic damages, statutes of limitations begin to run upon performance, rather …

Insurance, Ralph F. Simpson

Mercer Law Review

Since 1966, Professor Maximilian A. Pock has been the author of the Insurance section of the Annual Survey of Georgia Law. During this period of time, his scholarly analysis of and keen insight into the decisions of the Georgia Appellate Courts have been of great benefit to those of us whose practice dictates that we stay abreast of the trends and movements of the courts as shown by their published opinions. Contributing to a publication such as the Annual Survey of Georgia Law is no easy task, but continuing to do so for such an extended period of time …

Legal Ethics, Roy M. Sobelson

Mercer Law Review

The survey period was relatively quiet in terms of judicial and legislative developments in the Legal Ethics area. Nevertheless, it may prove to be an important transition period in the history of the State Bar of Georgia, insofar as lawyer discipline and consumer assistance is concerned. On June 1, 1995, the State Bar of Georgia began an experimental Consumer Assistance Program, sometimes known as "Central Intake." The reason for the program was simple. History has shown that the vast majority of complaints about lawyers do not raise disciplinary issues at all. In the past, such nondisciplinary complaints were summarily dismissed, …

Torts, Cynthia Trimboli Adams, Charles R. Adams Iii

Mercer Law Review

These were purportedly among the last words of the tycoon John Jacob Astor as, clad in formal evening attire, he tenderly placed his wife into a lifeboat and, a gentleman to the last, prepared to meet his watery grave aboard the Titanic after it struck an iceberg in the frosty North Atlantic ocean on April 15, 1912. For the writers of this survey, faced with navigating through a record number of torts cases, this scene is rife with analogies. Obviously, asking for a little and getting a lot is appropriate. As usual, space requirements have forced us to make a …

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr., Phillip Comer Griffeth

Mercer Law Review

Perhaps the most interesting developments this survey period came from the many opportunities the Georgia Supreme Court had to tackle difficult issues in the workers' compensation arena, especially when the court rarely hears workers' compensation appeals. From what some would call drastic developments in the claimant's burden of proof in change in condition cases, to an examination of Georgia's long-standing requirement of a "physical injury" in psychological claims, the court was faced with some interesting legal arguments. Although these opinions may not require legislative intervention or clarification, the Chairman of the State Board's advisory committee will no doubt continue to …

“Intimate Details”: A Troubling New Fourth Amendment Standard For Government Surveillance Techniques, Merrick D. Bernstein

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

State Law Of Contract Formation In The Shadow Of The Federal Arbitration Act, Traci L. Jones

Duke Law Journal

No abstract provided.

A Theory Of Insurance Policy Interpretation, Kenneth S. Abraham

Michigan Law Review

The first principle of insurance law is captured by the maxim contra proferentem, which directs that ambiguities in a contract be interpreted "against the drafter," who is almost always the insurer. Yet given the modern recognition that language is an inherently imperfect instrument for communicating meaning, insurance policy provisions are in a sense always ambiguous. Moreover, in addition to contra proferentem, policyholders may invoke such allied doctrines as waiver, estoppel, and the rule that the reasonable expectations of the insured should be honored even if those expectations are unambiguously contradicted by fine-print provisions in the policy. Contra proferentem and these …

Revitalizing Environmental Federalism, Daniel C. Esty

Michigan Law Review

Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …

A More Sensible Approach To Regulating Independent Expenditures: Defending The Constitutionality Of The Fed's New Express Advocacy Standard, Michael D. Leffel

Michigan Law Review

Campaign finance reformers argue that the "unholy alliance of private money and public elections" has created "a crisis of confidence in our elected officials." The now-deceased campaign reform advocate Philip M. Stem summed up the role of money in campaigns this way: "[M]oney-power has replaced people-power as the driving force in American politics and the determinant of electoral victory." One form of "money-power" in elections that received a great deal of attention in the last election cycle was "independent expenditures." Independent expenditures are funds spent by interested individuals or groups - usually in the form of television or radio advertisements …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Criminal Law And Procedure: A Two-Year Survey, James P. Fleissner

Mercer Law Review

During the two-year survey period, the Georgia Court of Appeals and the Georgia Supreme Court issued well over a thousand published opinions addressing issues of criminal law and procedure.' The primary purpose of this Article is to summarize judicial decisions constituting noteworthy developments in the law. Given the scope of survey, the constraint of limited space imposed difficult choices concerning what to include. As in past years, this survey will focus on highlights, such as cases of first impression and cases presenting close or controversial issues. The Author hopes this Article will provide useful information for busy practitioners seeking to …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The year was one of concern and hope, in both private and public affairs. As for the latter, the concern encompassed local government's continuing need for inordinate expenditures of both judicial and legislative attention. The hope was that, at some point, local government would "get it right." This survey graphically illustrates the causes for concern; it also affords glimmers of reason for hope.