Law Commons^™

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 …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

In a year dusted by destiny, local government law seized undisputed leadership in a new legal world order. Deploying dazzling analytical force in a gulf of litigational dissipation, and deftly defusing primitive land mines of mediocrity, the subject drew a line of liberating enlightenment in the sands of juristic history. With illustrative cases positioned as defensive missiles, and selected statutes marshalled with bomb sight precision, this survey advances to quench the flaming wells of desperation torched by other disciplines. It is the mother of all surveys.

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

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.

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 …

Adventures In Babysitting: Gestational Surrogate Mother Tort Liability, Karen A. Bussel

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

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 …

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 …

Drug Courier Profiles, Airport Stops And The Inherent Unreasonableness Of The Reasonable Suspicion Standard After United States V. Sokolow, Jodi Sax

Loyola of Los Angeles Law Review

No abstract provided.

The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Raymond C. O'Brien, Michael T. Flannery

Loyola of Los Angeles Law Review

No abstract provided.

Welcome Home Rambo: High-Minded Ethics And Low-Down Tactics In The Courts, Gideon Kanner

Loyola of Los Angeles Law Review

No abstract provided.

Father Knows Best-But Which Father-California's Presumption Of Legitimacy Loses Its Conclusiveness: Michael H. V. Gerald D. And Its Aftermath, Mindy S. Halpern

Loyola of Los Angeles Law Review

No abstract provided.

Two Models For Trial Advocacy Skills Training In Law School—A Critique, Gilda Tuoni

Loyola of Los Angeles Law Review

No abstract provided.

Investment Securities: Beyond The Scope Of California's Consumers Legal Remedies Act, Melinda Rose Smolin

Loyola of Los Angeles Law Review

No abstract provided.

Promises Not To Be Kept: The Illusory Newsgatherer's Privilege In California, Timothy L. Alger

Loyola of Los Angeles Law Review

No abstract provided.

Banks And Their Customers Under The Revisions To Uniform Commercial Code Articles 3 And 4: Allocation Of Losses Resulting From Forged Drawers' Signatures, Nan S. Ellis, Steven B. Dow

Loyola of Los Angeles Law Review

No abstract provided.

Supreme Court's Decision In Cheek: Does It Encourage Willful Tax Evasion, The , Nicholas A. Mirkay Iii

Missouri Law Review

The general rule in criminal proceedings is that ignorance of the law or a misunderstanding of the applicability of the law is no excuse. This rule is based on a common law presumption that the law is "definite and knowable" by everyone. Based on the magnitude and complexity of modern tax law, however, special treatment has been accorded to criminal tax offenders, including a bona fide ignorance of the law defense. Yet, disagreement arises as to whether the ignorance or misunderstanding defense should be scrutinized under a subjective or objective standard. With the exception of the United States Seventh Circuit …

Mu'min V. Virginia 111 S. Ct. 1899 (1991)

Capital Defense Journal

No abstract provided.

Mccleskey V. Zant 111 S. Ct. 1454 (1991)

Capital Defense Journal

No abstract provided.

Arizona V. Fulminante 111 S. Ct. 1246, (1991)

Capital Defense Journal

No abstract provided.

Yeatts V. Commonwealth 1991 Wl 184812 (Va.)

Capital Defense Journal

No abstract provided.

Saunders V. Commonwealth 242 Va. 107, 406 S.E.2d 39 (1991)

Capital Defense Journal

No abstract provided.

Strickler V. Commonwealth 241 Va. 482, 404 S.E.2d 227 (1991)

Capital Defense Journal

No abstract provided.

Litigating The "Vileness" Factor In Virginia, Victor A. Lago

Capital Defense Journal

No abstract provided.

Dedication To Richard F. Babcock, Northern Illinois University Law Review

Northern Illinois University Law Review

This issue of the Northern Illinois University Law Review is dedicated with deep affection and admiration to Richard F. Babcock. Professor Babcock has not only left an indelible mark on the legal profession but also on a number of academic institutions. He is that rare individual who is able to straddle effectively the gap between the legal profession and the legal academy. We have indeed been privileged to have had Dick Babcock relate to us as teacher, scholar, colleague, and friend.

The Bible Annotated: Use Of The Bible In Reported American Decisions, J. Michael Medina

Northern Illinois University Law Review

This annotation is a collection of biblical citations in American court opinions where the court or judge directly cited a biblical passage. The author compiled these cases which utilize biblical authority from extensive searches conducted on Westlaw.

Professional Discipline For Law Firms , Ted Schneyer

Cornell Law Review

No abstract provided.

Salt Equalizer, Vol. 1991, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Sylvia A. Law, SALT Members and the Thomas Nomination, at 1.

Mary Joe Frug to be Honored at SALT Dinner in San Antonio, at 1.

Howard A. Glickstein, President's Column, at 2.

Judith Resnik, Cover Study Group in San Antonio, at 3.

Howard A. Glickstein, Tribute to Tom Emerson, at 3.

Pat Cain, SALT Workshop on Political Correctness, at 4.

Jacki Hamilton & Lynette Williams, The Fifth Annual Robert Cover Public Interest Retreat: Shifting the Balance: Pursuing Public Interest in Legal Education and Practice, at 4.

Gerry Singsen, SALT …

Favaloro V. Favaloro: Classification Of Rights Associated With Counter-Letters As Real Or Personal, Randal Jr. Robert

Louisiana Law Review

No abstract provided.