Law Commons^™

Tort Law In America: An Intellectual History. By G. Edward White., Jeffrey O'Connell

Duke Law Journal

No abstract provided.

Criminal Law, Joseph J. Drolet

Mercer Law Review

Criminal law and procedure took some interesting and curious turns during the period of this survey. This article will first cover some of the most novel and notable case decisions of the year. Then a summary will be given of the changes wrought by the 1980 Georgia General Assembly. Finally, some of the recent trends in case law handed down by Georgia's appellate courts will be discussed.

Juvenile Court Practice And Procedure, Glen W. Clark

Mercer Law Review

The most significant change in the Georgia juvenile justice system made by the 1980 general assembly is that effected by Senate Bill 489 which adds a new chapter, 24A-23A, to the Juvenile Court Code. This legislation establishes a new category of offenses called designated felony acts, and sets up a special schedule of dispositions to go with it. Because of their importance, the provisions of the new chapter will be set forth in some detail before discussing their impact.

Improving Georgia's Probate Code: Sales By The Personal Representative And Enforcement Of Installment Land Contracts, Verner F. Chaffin

Mercer Law Review

Under Georgia law when one dies intestate, the title to the decedent's real property immediately descends to his heirs at law and the title to the personalty vests in the administrator of the estate for the benefit of the creditors and heirs. Title to all property passing by will, both realty and personalty, passes to the executor until he assents to the devise or legacy., During the course of the administration of an estate, it often becomes necessary to sell some of the assets of the estate to satisfy debts, taxes, administration expenses and general pecuniary legacies. Georgia law provides …

Country Club Apartments V. Scott: Exculpatory Clauses In Leases Declared Void, Mitchell O. Moore

Mercer Law Review

In Country Club Apartments, Inc. v. Scott, the Georgia Supreme Court held that exculpatory provisions in leases are void as against public policy. The Georgia Supreme Court affirmed the judgment of the court of appeals upholding the denial of the defendant's motion for judgment on the pleadings

Torts, Jerry B. Blackstock, Steven B. Licata

Mercer Law Review

This article seeks to point out, examine, and comment on the significant developments in Georgia tort law during the period from June 1979 through May 1980. Of course, with over 300 appellate cases decided in this area during one year, every case is not included, and we have endeavored to exercise our best judgment to include only the cases of significance to the practitioner.

Toward A Theory Of Rights For The Employment Relation, Robert Brousseau

Washington Law Review

It is my argument that much thinking in the area of labor law has been grafted upon an individualistic stock where it ought not grow; in fact, the considerations embodied in that diverse corpus we call labor law draw heavily upon a tradition of collective jurisprudence, and it is in collective terms that we ought to seek the solution of concrete cases. I shall attempt first to demonstrate the disarray in the treatment of labor rights, to show the origins of the conflict between collective and individualistic traditions, and then to propose a mode of analysis for the reconciliation of …

United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki

Washington Law Review

It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …

Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus

Washington Law Review

The common law of defamation collided with the United States Constitution in New York Times Co. v. Sullivan, and aftershocks from that collision have been rumbling for sixteen years. Ever since the New York Times Court asserted that the first and fourteenth amendments impose restraints on a state's power to afford a civil remedy for wrongful injury to reputation, the Supreme Court has been torn between its concern for personal reputation and its competing concern for free expression. The difficulty of resolving the conflict between these two concerns has forced the Court to decide a long line of cases …

Void-For-Vagueness—Judicial Response To Allegedly Vague Statutes—State V. Zuanich, 92 Wn. 2d 61, 593 P.2d 1314 (1979), Jeffrey Merle Evans

Washington Law Review

In light of the problematic nature of the void-for-vagueness doctrine, this note argues that a defendant should never have standing to challenge a statute as unconstitutionally vague unless sufficient facts have been established to allow the court to review the statute in its actual application to the defendant. If, however, Washington courts insist upon reviewing a challenged statute on its face, they should be alert to the possibility that judicial review under the void-for-vagueness doctrine will become unduly expansive. This note suggests that courts can minimize potential abuse by carefully framing the constitutional issue and by appropriately construing the challenged …

Corporations—Conditional Supermajority Provisions: Protecting Shareholders' Interests—Seibert V. Gulton Industries, Inc., No. 5631 (Del. Ch. June 21, 1979), Aff'd, No. 219 (Del. Jan. 4, 1980), Constance M. Crawley

Washington Law Review

In Seibert v. Gulton Industries, Inc., the Delaware Supreme Court affirmed the dismissal of a complaint challenging the legality of a conditional supermajority amendment to Gulton Industries' certificate of incorporation. The challenged amendment required the affirmative vote of eighty percent of Gulton's shareholders to approve a proposed takeover of Gulton by any person or entity that had acquired five percent or more of Gulton's shares prior to its proposed takeover. The eighty percent vote was not required if Gulton's directors had approved the proposed takeover prior to the other entity's acquisition of a five percent interest in Gulton. In …

Toward A Theory Of Rights For The Employment Relation, Robert Brousseau

Washington Law Review

It is my argument that much thinking in the area of labor law has been grafted upon an individualistic stock where it ought not grow; in fact, the considerations embodied in that diverse corpus we call labor law draw heavily upon a tradition of collective jurisprudence, and it is in collective terms that we ought to seek the solution of concrete cases. I shall attempt first to demonstrate the disarray in the treatment of labor rights, to show the origins of the conflict between collective and individualistic traditions, and then to propose a mode of analysis for the reconciliation of …

United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki

Washington Law Review

It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …

Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus

Washington Law Review

The common law of defamation collided with the United States Constitution in New York Times Co. v. Sullivan, and aftershocks from that collision have been rumbling for sixteen years. Ever since the New York Times Court asserted that the first and fourteenth amendments impose restraints on a state's power to afford a civil remedy for wrongful injury to reputation, the Supreme Court has been torn between its concern for personal reputation and its competing concern for free expression. The difficulty of resolving the conflict between these two concerns has forced the Court to decide a long line of cases in …

Investor Protection And The Revised Uniform Limited Partnership Act, Mary E. Brumder

Washington Law Review

The 1976 ULPA is a definite improvement over the 1916 ULPA. The new Act, however, makes only slight changes in one of the important and problematic parts of the old Act—the role of limited partners. As it is likely that a number of legislatures will consider adoption of the 1976 ULPA in the near future, this comment is written to provide guidance in the area of the limited partner's role. After examining the role of the limited partner as it has evolved within the structure of the 1916 ULPA, this comment discusses changes made by the 1976 ULPA and recommends …

Void-For-Vagueness—Judicial Response To Allegedly Vague Statutes—State V. Zuanich, 92 Wn. 2d 61, 593 P.2d 1314 (1979), Jeffrey Merle Evans

Washington Law Review

In light of the problematic nature of the void-for-vagueness doctrine, this note argues that a defendant should never have standing to challenge a statute as unconstitutionally vague unless sufficient facts have been established to allow the court to review the statute in its actual application to the defendant. If, however, Washington courts insist upon reviewing a challenged statute on its face, they should be alert to the possibility that judicial review under the void-for-vagueness doctrine will become unduly expansive. This note suggests that courts can minimize potential abuse by carefully framing the constitutional issue and by appropriately construing the challenged …

Corporations—Conditional Supermajority Provisions: Protecting Shareholders' Interests—Seibert V. Gulton Industries, Inc., No. 5631 (Del. Ch. June 21, 1979), Aff'd, No. 219 (Del. Jan. 4, 1980), Constance M. Crawley

Washington Law Review

In Seibert v. Gulton Industries, Inc., the Delaware Supreme Court affirmed the dismissal of a complaint challenging the legality of a conditional supermajority amendment to Gulton Industries' certificate of incorporation. The challenged amendment required the affirmative vote of eighty percent of Gulton's shareholders to approve a proposed takeover of Gulton by any person or entity that had acquired five percent or more of Gulton's shares prior to its proposed takeover. The eighty percent vote was not required if Gulton's directors had approved the proposed takeover prior to the other entity's acquisition of a five percent interest in Gulton. In such …

The Administrative Muddle In Georgia, Jessye Leigh Scott, Thérèse D. Stiffler

Mercer Law Review

In Rogers v. Composite State Board of Medical Examiners, the Georgia Supreme Court dismissed as moot a constitutional challenge to the subpoena power of the State Board of Medical Examiners. Dr. John Rogers, a physician in Columbus, Georgia, was involved in civil litigation with the board concerning its composition and the appointment of its members. The final disposition of this suit was in Rogers' favor. While this litigation was pending, Rogers was served with a subpoena to furnish certain information from his patient files to the Board's investigator. Rogers was informed that a criminal investigation was being conducted, however, …

An Analysis Of The Georgia "Live-In Lover" Law, Newton M. Galloway

Mercer Law Review

In 1977, the Georgia legislature amended the law concerning the modification of alimony judgments and awards. In its amendment, the general assembly included what has come to be known as the "live-in lover" law. The "live-in lover" law gave courts the power to modify awards of alimony and support on petition of the husband. By statute, it was required that the husband show in his petition that the former wife was openly and continuously in voluntary cohabitation with another man.

The first challenge to the new law questioned its constitutionality. In Sims v. Sims, the Georgia Supreme Court, following …

Business Associations, Robert P. Bryant

Mercer Law Review

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

Insurance, Maximilian A. Pock

Mercer Law Review

In order to provide desirable continuity and to facilitate cross-referencing this survey will generally conform to the overall organization of past surveys and use identical categories and chapter headings. Where certiorari has been denied or applied for but not disposed of during the survey period, this will be so indicated in the footnotes.

Real Property, George A. Pindar

Mercer Law Review

One who reads the judicial output of Georgia's appellate courts for the past decade can certainly be impressed with the high quality of the writing often found in these pages. We can understand why much of it goes unnoticed on the national scene, since other courts and law teachers are programmed by long tradition to look largely to the Northeastern States for legal scholarship. But we now find a stirring trend toward more progressive thinking and impatience with outworn platitudes in both appellate courts, as illustrated in some of the rulings discussed below.

County Contracts In Georgia: "Written And Entered", R. Perry Sentell Jr.

Mercer Law Review

The law surrounds the local government contracting process with a number of requirements. Some of those requirements go primarily to the substance of the contract, and some deal largely with matters of form. Of the latter, the two points most often projected are the tangibility of the agreement and its location in the official records.

Beginning in 1863 and continuing in 1980, Georgia statutory law has highlighted both tangibility and location for the contracts of counties. Via a single mandate, the historic statute commands that "[a]U contracts entered into by the ordinary with other persons in behalf of the county …

Drawers:. Check For Missing Endorsements On Joint Payee Checks, Suzanne Loyd Cassidy

Mercer Law Review

In Trust Company Bank v. Atlanta IBM Employees Federal Credit Union, the Georgia Supreme Court held that a missing endorsement is equivalent to an unauthorized endorsement for purposes of Georgia Code Ann. section 109A-4-406(4)." This section limits a bank customer to a one year period in which to discover and report unauthorized endorsements on checks.

Seat Belt Defense: A Comprehensive Guide For The Trial Lawyer And Suggested Approach For The Courts, David F. Guldenschuh

Notre Dame Law Review

No abstract provided.

Civil Liability Of Parole Officials For Releasing Dangerous Prisoners: Martinez V. California, James Michael Richardson

Tulsa Law Review

No abstract provided.

Civil Procedure--The Availability Of Relief From A Final Judgement For Reason Of Judicial Mistake Of Law Under Rule 60(B)(1) Of The Federal Rules Of Civil Procedure, Curtis R. Fraiser

Tulsa Law Review

No abstract provided.

Commercial Law, Alfred S. Lurey, M. Andrew Kauss

Mercer Law Review

Interest and usury and the Bankruptcy Reform Act of 19781 attracted the primary attention of the general assembly during the survey period, but significant legislative developments occurred in other commercial law areas as well. In addition, a number of decisions worthy of note were handed down by the appellate courts.

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

Had there been an American Olympics expedition during this survey period, the gold would in all probability have gone to those who litigate and legislate in Georgia local government law. Again this year, the magnitude of the activity was awesome. Only the more noteworthy developments can be treated; even those must be covered in highly summary fashion. The cases are loosely organized by topic, and the statutes are all general ones. Welcome, therefore, to a legal land of plenty.

Workers' Compensation, Robert R. Potter

Mercer Law Review

This survey article covers a two-year period ending May 31, 1980. During that time, the appellate courts reviewed over 150 cases involving workers' compensation, a selected number of which are discussed and analyzed in this article. Legislative changes have been few since the sweeping revisions which became effective July 1, 1978. The most significant revision was a procedural one limiting appeals in workers' compensation cases beyond the superior court level.' Appeals to the court of appeals are no longer as a matter of right, but are discretionary in the nature of a petition for certiorari. This law, which became effective …