Law Commons^™

Torts, Hardy Gregory Jr.

Mercer Law Review

The evolution of the Family-Purpose-Car Doctrine in Georgia over the years has been a most interesting subject to observe. A new aspect was added this year by the Supreme Court of Georgia in Phillips v. Dixon.

The doctrine provides that the head of a family who keeps and maintains an automobile for the use of the members of the family is responsible for injuries to third parties that result from the negligent use of the automobile by a member of the family if the automobile is being used in furtherance of a family purpose.3 It has long been held …

The Dead Man's Statute Before And After The Florida Evidence Code -- A Step In The Right Direction, Linda Jones Wells

Florida State University Law Review

No abstract provided.

Florida's Incompetency-To-Stand Trial Rule: A Possible Life Sentence?, Frank A. Vickory

Florida State University Law Review

No abstract provided.

Appellate Supervision Of Remedies In Public Law Adjudication, Robert L. Hinkle

Florida State University Law Review

No abstract provided.

Subject Index To Volume 4

Florida State University Law Review

No abstract provided.

National School Lunch Act: Statutory Difficulties And The Need For Mandatory Gradual Expansion Of State Programs, Editors

University of Pennsylvania Law Review

No abstract provided.

Alien Checkpoints And The Troublesome Tetralogy: United States V. Martinez-Fuerte, Victor Salerno

San Diego Law Review

The thesis of this Comment is that the foregoing contention cannot withstand careful examination. The Government's need to conduct routine checkpoint operations is no greater than its need to conduct roving patrol operations. With the former, the intrusion on fourth amendment rights is as onerous, and the overall burden on lawful traffic is more considerable. In addition, the Court made several questionable factual assumptions and altered the traditional allocation of the burden of proof with respect to warrantless law enforcement conduct. This Comment will summarize the factual context of the case, examine the Ninth Circuit's holding, which the Supreme Court …

Recent Developments In Immigration Law 1976, Mitchell D. Gravo

San Diego Law Review

This Article will discuss significant recent developments in immigration law. Important immigration legislation of the 94th Congress, regulations under the Immigration and Nationality Act since their yearly revision, and immigration decisions by the nation's courts within the past year will be noted and analyzed. The scope of this synopsis makes detailed analysis of each development impossible. However, interrelated developments will be discussed together and significant trends will be briefly explained.

Harold Done V. Ronald L. Bushman : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from judgment of District Court of the Fifth Judicial District of Millard County, Utah. Honorable J. Harlan Burns, Judge.

Corporations—Installment Stock Repurchase—Secured Claim Survives Bankruptcy—In Re National Tile & Terrazzo Co., 537 F.2d 329 (9th Cir. 1976), Diana K. Smith

Loyola of Los Angeles Law Review

No abstract provided.

Justice In Compensation, James W. Nickel

William & Mary Law Review

No abstract provided.

Seller's Right To Reclaim: Another Conflict Between The Uniform Commercial Code And The Bankruptcy Act, John A. Sebert

Notre Dame Law Review

No abstract provided.

Mediation-Arbitration: A Proposal For Private Resolution Of Disputes Between Divorced Or Separated Parents, Janet Maleson Spencer, Joseph P. Zammit

Duke Law Journal

No abstract provided.

Deductibility Of Legal Expenses Incurred In Corporate Stock Redemptions, Partial Liquidations, And Separations, J. Timothy Philipps

Duke Law Journal

No abstract provided.

Constitutional Challenge To The Price-Anderson Act: Ripeness And Standing Before The Holocaust, D. Ward Kallstrom

Duke Law Journal

No abstract provided.

Act Of State At Bay: A Plea On Behalf Of The Elusive Doctrine, Alan C. Swan

Duke Law Journal

No abstract provided.

Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax

Michigan Law Review

While intrusive private activities have increased all around them, park managers have stood by nervously, sensing that they were caring for helpless giants. The Park Service is aware that Congress has given it very little explicit authority to regulate private lands, but underlying Park Service hesitancy to act is a more profound concern about the constitutional power of the federal government to control private land uses near and within the parks. These constitutional doubts, though largely misconceived, arise out of a complex set of issues that need to be clarified. This article first describes current administrative practice and existing legislation …

Criminal Law, Charles H. Weston, Walker P. Johnson Jr.

Mercer Law Review

The several hundred criminal cases decided by the Georgia Supreme Court and the Georgia Court of Appeals have been gleaned in an effort to present what we believe are the most interesting and informative. As we went through these cases, one thing became evident: Some relief must be given to the courts in their monumental task of hearing an increasing number of appeals and writs.

In categorizing the cases, we have used broad characterization in some instances but have headlined a very narrow point in others. In any event, the heading should point a reader in the right direction.

Instituting California's Ward Grievance Procedure: An Inside Perspective—I. Administering Justice: Implementation Of The California Youth Authority's Grievance Procedure For Wards, Allen F. Breed

Loyola of Los Angeles Law Review

No abstract provided.

New Act Is A Step Toward Landlord-Tenant Equality In Georgia, Nancy Terrill

Mercer Law Review

Beginning in the fall of 1975, members of the 1976 session of the General Assembly spent many hours negotiating and finally passing what appears to be a landmark law for Georgia tenants. Although there is no comparison to the extensive changes proposed by the Uniform Residential Landlord Tenant Act, Senate Bill 472 as it passed in 1976 does mark a new beginning toward equalizing the landlord-tenant relationship and eliminates at least some of the obstacles encountered by tenants seeking remedies for substandard housing conditions.

This article first will outline the more significant aspects of landlordtenant law as it has existed …

Business Associations, Joseph Epps Claxton

Mercer Law Review

This survey article deals with recent Georgia cases and statutes in the areas of partnerships, corporations, securities regulation, and utilities.

Constitutional Law, David E. Hudson

Mercer Law Review

As in years past, the bulk of the Georgia appellate court decisions in the area of constitutional law concerned the criminal law aspects of the Fourth, Fifth, and Sixth Amendments and the due process clause of the Fourteenth Amendment of the U.S. Constitution. A significant although lesser number of constitutional decisions involved civil matters and will also be discussed in this survey.

Domestic Relations, Barry B. Mcgough, Lucy S. Mcgough

Mercer Law Review

Domestic relations cases continue to bombard the appellate courts. Approximately 100 such decisions were reviewed for the survey, but only a handful was truly significant. Perhaps the most important of these are the cases attempting to construe Georgia's new "no-fault" ground for divorce.' The subject matter of this report has been sub-divided for ease of use into six substantive areas: marriage, divorce, custody, alimony, adoption (including change of name), and legislation.

Evidence, William H. Agnor

Mercer Law Review

More cases than usual concerning one or more points of evidence were decided during this survey period. Only those cases that seemed significant or of general interest have been discussed here.

State And Local Taxation, L.O. Buckland, Gary B. Andrews

Mercer Law Review

This survey covers the cases decided over the past two years, since the state and local tax section was omitted in the last annual survey. The principal activity during this period concerned ad valorem taxation, but the nature of many of these cases permits them to be noted in summary fashion. If this and previous surveys are any indication, the concern of property owners over rising ad valorem taxes is more likely to be aired in court than their concern over any other form of taxation.

As in previous surveys, this review divides the cases into the major tax areas …

Criminal Procedure--Admission Of Testimony Obtained In Violation Of Miranda For Impeachment Purposes, Even Though Not Barred By The Federal Constitution, Infringes California Constitution's Right Against Self-Incrimination, Rodney A. Hayes

Tulsa Law Review

No abstract provided.

Legal Education: The Classroom Experience, Thomas L. Shaffer, Robert S. Redmount

Journal Articles

Law students learn from what is in them, from what is directed at them, and from what is around them. The following is a study of an external dimension of the law-school learning experience-the classroom. Research strategy consisted of approaching the classroom phenomenon from two perspectives; what is presented and how students perceive it.

Commercial Law, John M. Hewson Iii

Mercer Law Review

Last year's Survey reported that the field of commercial law was expanding rapidly and that the courts were receptive to innovative solutions to protect consumers from the rigors of the traditional commercial-law concepts. This year has been mixed. Some courts have pushed "consumerism" to new lengths, while other have retraced their steps from the extremes of the past few years and returned to more traditional commercial law concepts. This article discusses some of the more important developments in the peripheral area of Truth-in-Lending as well as report the cases and statutes for the 1975-76 year within the traditional realm of …

Contracts, Mitchel P. House Jr.

Mercer Law Review

During the survey period, the appellate courts of Georgia reviewed approximately 80 cases involving problems of contract law. As is usually the case, the great majority of the cases merely applied well-settled principles. Many turned on procedural points. While none have truly landmark significance, a few are worthy of discussion in that they present interesting problems in the application of established principles to new situations.

Insurance, Maximilian A. Pock

Mercer Law Review

Of the 45 "insurance" cases handed down during the current survey period less than half merit serious scrutiny and comment at this time. Of the remainder, some address themselves solely to procedural issues with "insurance" law providing but a fortuitous backdrop, while others involve only factual disputes raised largely in duels involving the grant or denial of motions and counter motions for summary judgment.

To preserve editorial continuity the cases decided during the current survey period will be discussed in conformance with the general outline and subject matter headings used in past years. Where certiorari to the supreme court has …