Law Commons^™

Antitrust, Michael Eric Ross, Jeffrey S. Cashdan

Mercer Law Review

The Eleventh Circuit Court of Appeals published only four antitrust decisions in 1997. Two of these cases were decided on procedural grounds and two on substantive grounds. Once again, defendants prevailed in most of these cases, including an action brought by the Government to enjoin an acquisition.

Environmental Law, W. Scott Laseter, Julie V. Mayfield

Mercer Law Review

Perhaps in recognition of the growing prevalence of environmental issues in the day-to-day practice of law, this Article departs from the two-year survey period of its predecessors by covering only decisions handed down during 1997. Nonetheless, the survey period saw several interesting cases reach the Eleventh Circuit, including the appeal of a sua sponte assault on the constitutionality and retroactive application of the Comprehensive Environmental Response, Compensation, and Liability Acts and an effort to use the Migratory Bird Treaty Act to block timber harvest in a national forest. Further, the survey period saw the continued emphasis on citizens' suits, the …

Evidence, Marc T. Treadwell

Mercer Law Review

Previous surveys have addressed the trend--or at least what the author perceives to be the trend--of the Eleventh Circuit Court of Appeals in recent years to defer more to district court judges' evidentiary decisions. This trend can be contrasted with the activism displayed by Eleventh Circuit judges in decisions discussed in earlier survey articles. However, the 1996 Eleventh Circuit decision in Joiner v. General Electric Co. bucked this trend and applied a very rigid level of scrutiny to a trial court decision to exclude expert testimony. During the current survey period, the Supreme Court reversed Joiner because of its …

Federal Practice, Richard Mills

Mercer Law Review

The formula for success in trial practice is simple: Be prepared, be decent, and be on time.

There are ninety-four district courts in the United States. Twenty-four states have two or more districts; for example, Illinois and Georgia have three. Twenty-six states, plus the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands, are single districts. And in all of those ninety-four districts over the last thirty years, the civil cases have tripled! In my district we have quadrupled our caseload in that same time frame. In the last five years alone, we have had …

Federal Taxation, Ben E. Muraskin, James A. Lawton, Tiffani W. Greene

Mercer Law Review

The Court of Appeals for the Eleventh Circuit during 1997 rendered fewer reported decisions dealing with federal tax issues than in prior years. Nevertheless, in one of the biggest developments in cooperative taxation, the Eleventh Circuit decided Gold Kist Inc. v. Commissioner, which involved the interpretation of the tax benefit rule as set forth in the 1983 Supreme Court decisions in Hillsboro National Bank v. Commissioner and United States v. Bliss Dairy, Inc. Other decisions involved the qualification of corporations as "farm-related taxpayers," employment taxes, federal tax liens, issues on appeal, litigation costs, and a bankruptcy tax issue.

Brisentine V. Stone & Webster Engineering, William White

Mercer Law Review

In Brisentine v. Stone & Webster Engineering, the Eleventh Circuit Court of Appeals revisited the murky corner of employment law that deals with arbitration agreements. The case is noteworthy because the court, for the first time in the Eleventh Circuit, addressed the issue of whether a compulsory arbitration provision in a collective bargaining agreement precluded a separate action by the employee to protect his statutory rights.

Chandler V. Miller: The Supreme Court Closed The Door On The Factual Instances That Warrant Suspicionless Searches, Justin Scott

Mercer Law Review

Chandler v. Miller involved the constitutionality of a Georgia statute that required candidates for designated state offices to pass a drug test prior to qualifying for nomination or election.

Professor Carl Tobias, Bill Corbett

Montana Law Review

Professor Carl Tobias

A Child's View Of Recovery Under The National Childhood Vaccine Act Or "He Who Hesitates Is Lost", Leonard D. Pertnoy

Montana Law Review

A Child's View of Recovery Under the National Childhood Vaccine Act or "He Who Hesitates is Lost"

Creatures Of The Common Law: The Petty Offense Doctrine And 18 U.S.C. § 19, Melissa Hartigan

Montana Law Review

Creatures of the Common Law: The Petty Offense Doctrine and 18 U.S.C. § 19

What Attorneys Should Know About The Fair Debt Collection Practices Act, Or, The 2 Do's And The 200 Don'ts Of Debt Collection, Scott J. Burnham

Montana Law Review

What Attorneys Should Know About the Fair Debt Collection Practices Act, or, The 2 Do's and the 200 Don'ts of Debt Collection

Independent Judges And Independent Justice, Suzanna Sherry

Law and Contemporary Problems

Sherry discusses how judges have exercised their independence. She provides a brief historical overview of judges using their independence to implement their own view of justice.

Comment, Roy A. Schotland

Law and Contemporary Problems

The greatest current threat to judicial independence is the increasing politicization of judicial elections. They are becoming nastier, noisier and costlier.

Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington

Law and Contemporary Problems

Carrington notes that because judges in trial and intermediate courts are accountable to highest courts, it is the latter that are responsible for keeping the faith with democratic traditions.

Equal Educational Opportunity And Constitutional Theory: Preliminary Thoughts On The Role Of School Choice And The Autonomy Principle, Michael Heise

Cornell Law Faculty Publications

Inadequate schools impede America's long-standing quest for greater equal educational opportunity. The equal educational opportunity doctrine, traditionally moored in terms of race, has expanded to include notions of educational adequacy. Educational adequacy is frequently construed in terms of educational spending and framed in terms largely incident to constitutional litigation.

This paper explores the potential intersections of the school choice and school finance movements, particularly as they relate to litigation and policy. The paper argues that school choice policies constitute a viable remedy for successful school finance litigation and form a remedy that simultaneously advances individual autonomy, one critical constitutional principle.

Can Shaming Punishments Educate?, Stephen P. Garvey

Cornell Law Faculty Publications

So-called "shaming" penalties have received a fair amount of attention in the popular press and, thanks primarily to the work of Dan Kahan and Toni Massaro, in the legal literature as well. Unfortunately, the current debate focuses on "shame" as the main way to understand what these penalties are all about. I argue that at least some of these so-called shaming penalties are better understood as "educative" penalties. I develop this "educating model" and contrast it with the "shaming model." I also suggest that penalties fitting the educating model have more normative appeal than those fitting the shaming model.

Heads Up!: The Baseball Facility Liability Act, Ted J. Tierney

Northern Illinois University Law Review

This comment examines law regarding spectator injury at baseball games. The Baseball Facility Liability Act, which was enacted by the Illinois legislature to prevent spectators from recovering damages for injuries suffered at baseball games is specifically analyzed. The author asserts that the current legislation should be stricken from Illinois law, and proposes changes in the law that would lead to more equitable outcomes in cases involving foul balls.

Replacing Strict Liability With A Contract-Based Products Liability Regime, Richard C. Ausness

Law Faculty Scholarly Articles

When strict products liability first appeared on the scene some thirty-five years ago, it was heralded as a boon to consumers whose claims to compensation had hitherto been frustrated by the law of sales. Warranty law, it was said, worked fairly well in purely "commercial" transactions, but tort law did a better job in cases where ordinary consumers suffered personal injuries or property damage from defective products. To be sure, defenders of warranty law pointed out that the newly-drafted Uniform Commercial Code (the "Code" or "U.C.C.") was much more consumer friendly than the old Uniform Sales Act. Nevertheless, the proponents …

Table Of Contents

The Journal of Law and Education

No abstract provided.

Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Recent Developments In The Law - Supreme Court

The Journal of Law and Education

No abstract provided.

Recent Developments In The Law - Primary And Secondary Education

The Journal of Law and Education

No abstract provided.

Mandatory Community Service: Consitutional Considerations, Tom Underwood

The Journal of Law and Education

No abstract provided.

Can A Child Say Yes - How The Unwelcomeness Requirement Has Thwarted The Purpose Of Title Ix, Angela Duffy

The Journal of Law and Education

No abstract provided.

Educational Rights Of Handicapped Children: Three Federal Statutes And An Evolving Jurisprudence - Part I: The Statutory Maze, Judith Welch Wegner

The Journal of Law and Education

No abstract provided.

A Preemption Dare: Of What Value Is State Legislation Which Is Identical To Federal Conscription And Financial Aid Provisions, Mark A. Sindler

The Journal of Law and Education

No abstract provided.

Managing Urban Land In China: The Emerging Legal Framework And Its Role In Development, Mark T. Kremzner

Washington International Law Journal

This Article examines the emerging legal framework for urban land management in China with reference to several perspectives on the role of the state in economic development: modernization, dependency, and statism. A key function of the urban land management and planning regime in the People's Republic of China is to promote economic development. Similarly, law and legal institutions in the reform era are used as an instrument to secure development policies. China's urban land use laws have the purpose and effect of channeling capital into land development and urban renewal projects through the commodification of land use rights. While the …

A Report To Alumni & Friends - Issue No. 67, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Colleen Khoury Selected as Dean of the Law School
• 1997 Annual Fund Report of Giving
• 1998 Law School Commencement
• Dean Zillman’s Final Report
• Professor Scott Gould Joins Faculty

The Right To Work And Earn A Living Wage: A Proposed Constitutional Amendment, William P. Quigley

City University of New York Law Review

No abstract provided.

Baby Richard And Beyond: The Future For Adopted Children, Anthony S. Zito

Northern Illinois University Law Review

The author sets forth the facts underlying the Baby Richard case from the time he was conceived until the time of his adoption and analyzes the case law which ensued as a result of the situation. The author then addresses the amendment to the adoption act which resulted from the Baby Richard case. The article next explores the Does' possible courses of action and evaluates the chances of them regaining custody. Finally, the article suggests the possibility of a solution for the future of adopted children.