Law Commons^™

Recent Works On The History Of U.S. Indian Policy, Tim Alan Garrison

Tulsa Law Review

No abstract provided.

The Importance Of Getting Names Right: The Myth Of Markets For Water, Joseph W. Dellapenna

William & Mary Environmental Law and Policy Review

No abstract provided.

Research To Practice: Work Status Trends For People With Mental Retardation, Fy 1985 To Fy 1998, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

National trends regarding extended employment (sheltered workshops) and competitive employment outcomes from state Vocational Rehabilitation systems between 1985 and 1998.

Institute Brief: Wia And One-Stop Centers: Opportunities And Issues For The Disability Community, David Hoff

The Institute Brief Series, Institute for Community Inclusion

This brief gives a basic overview of the act and examines its impact on the lives of people with disabilities as well as the systems and organizations that assist them.

Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King

Federal Communications Law Journal

Under the Telecommunications Act of 1996, Congress instructed the FCC to ensure that all Americans have access to affordable telecommunications services. Consistent with that mandate, the FCC implemented a series of public hearings to discuss with tribes the issues they face concerning low telephone penetration rates. The FCC recommended investigation of universal service in unserved and underserved areas because telephone penetration rates among low-income consumers on tribal lands lagged behind rates in the rest of the country. From these hearings, the FCC proposed a jurisdictional framework to determine which eligible carriers would be under tribal, state, or federal jurisdiction. This …

Georgia Death Penalty Law, Mike Mears, Ken Driggs

Mercer Law Review

This Article covers death penalty decisions from the Georgia Supreme Court for the period from January 1, 1999 to May 31, 2000. It primarily discusses direct appeal decisions but reaches cases in a few other settings as well. This Article does not discuss holdings in capital cases that are common to all criminal appeals but is limited to death penalty law. Recent developments in Georgia death penalty law are considered in the order they would appear in a capital trial. In the period covered by this Article, the Georgia Supreme Court considered thirteen death sentences imposed in superior courts following …

Business Associations, Paul A. Quirós, Lynn S. Scott, William B. Shearer Iii

Mercer Law Review

This Article surveys recent developments in Georgia's corporate, securities, partnership and banking law. It covers noteworthy cases decided during the survey period' by the Georgia appellate courts, United States district courts located in Georgia, and the Eleventh Circuit Court of Appeals. Also included in this Article are highlights of recent revisions to the Official Code of Georgia Annotated ("O.C.G.A.").

Commercial Law, Robert A. Weber Jr.

Mercer Law Review

This year's survey article attempts a synthesis of case law subdivided according to various aspects of a commercial practice. Topics discussed include banking/lender issues, collections, sales of businesses, pitfalls on the front end of a commercial transaction, and a miscellaneous catchall for cases that stubbornly defy categorization.

• Bank/Lender Issues
• Collections
• Pitfalls on the Front End
• Sales of Businesses
• Miscellaneous

Education Law, Jerry A. Lumley

Mercer Law Review

Primarily because of Governor Barnes' "A Plus Education Reform Act of 2000" ("the Reform Act"), Georgia experienced sweeping changes in the area of education law during the past year. This Article discusses the Reform Act, other education legislation, and decisions of Georgia appellate courts in the area of education during the past year.

Evidence, Marc T. Treadwell

Mercer Law Review

Hard cases, it is said, make bad law. Criminal prosecutions for child molestation and abuse are likely the hardest cases of all. Apart from their horrific facts, they present tremendous evidentiary challenges to prosecutors, primarily because of the victims' youth. Consequently, Georgia's appellate courts have repeatedly fashioned new evidentiary rules to assist prosecutors in such cases. Whether these hard cases make bad law no doubt depends on one's perspective. Without question, however, appeals involving child molestation and abuse continue to make new law, and the current survey period was no exception.

Soul For Sale: An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements, Susan Saab Fortney

Faculty Scholarship

This article analyzes the results of an empirical study to illustrate the effect of billable hour requirements on associate satisfaction and law firm culture. Part I briefly describes the survey design and the general profile of the survey respondents. Part II discusses current billing practices and pressures analyzing the study results related to billing expectations and guidance as well as firm culture and work alternatives. Using findings from the study, Part III considers the detrimental micro and macro effects of increasing billable hour expectations. Part IV proposes various steps and measures that can be taken to address the negative consequences …

Anti-Plaintiff Bias In The Federal Appellate Courts, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

A recent study of appellate outcomes reveals that defendants succeed significantly more often than plaintiffs on appeal from civil trials-especially from jury trials.

Consistency In Judicial Interpretation? A Look At Cercla Parent Company And Shareholder Liability After United States V. Bestfoods, Jennifer S. Martin

Georgia State University Law Review

No abstract provided.

Exclusionary Practices And Urban Sprawl In Metropolitan Atlanta, Arthur Nelson

Georgia State University Law Review

No abstract provided.

Now You See It, Now You Don't; A Georgia Perspective On Spoliation Of Evidence, Brooks Morel

Georgia State University Law Review

No abstract provided.

Qui Tam Can; Qui Tam Can't; An Analysis Of Vermont Agency Of Natural Resources V. United States Ex Rel. Stevens, Jaime Mcmahon

Georgia State University Law Review

No abstract provided.

The Costs And Consequences Of Suburban Sprawl: The Case Of Metro Atlanta, Robert Bullard, Glenn Johnson, Angel Torres

Georgia State University Law Review

No abstract provided.

The Peculiarity Of Per Curiam: In The Georgia Supreme Court, R. Perry Sentell Jr.

Mercer Law Review

On notable occasions, the format of a message acquires a heritage equal in significance to the message itself. Because of its history, familiarity, intrigue, or sheer repetition, an account's style of presentation may serve not only to characterize the account, but also to condition its recipient to a pre-ordained demeanor of expectation. Style and substance are thus comingled, and the medium subsumes the message.

It should come as no surprise that the described phenomenon claims a special affinity to the law and to legal "messages." Much of the information transmitted in law and in legal circles projects history, familiarity, intrigue, …

Torts, Deron R. Hicks, Jacob E. Daly

Mercer Law Review

• Dog Bite
• Intentional Infliction of Emotional Distress
• Premises Liability
• Carriers
• Products Liability
• Bovine Jurisprudence

Worker's Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon, Marion Handley Martin

Mercer Law Review

For workers' compensation, the 1999-2000 survey period was largely notable for a number of legislative changes and for another year in which Georgia's appellate courts dealt with numerous cases interpreting the exclusive remedy provisions of the Workers' Compensation Act. As always, however, the appellate courts also decided numerous workers' compensation cases, with issues ranging from the "any evidence" rule to superior court judgments.

Additional legislative activity is possible in the coming year as a special commission appointed by Governor Barnes readies a report, due in April 2001, on proposed changes to the workers' compensation system.

Enterprise Risk Management: Realizing Profit From Risk, Raymond M. Slabaugh

William & Mary Annual Tax Conference

No abstract provided.

Abandoned/Unclaimed Property Liability: Legal Aspects And Planning Opportunities, Jack Gaggini

William & Mary Annual Tax Conference

No abstract provided.

Recent Tax Developments In Virginia, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.

Valuations In The Business Setting: International Glossary Of Business Valuation Terms

William & Mary Annual Tax Conference

No abstract provided.

Valuations In The Business Setting: Exhibits

William & Mary Annual Tax Conference

No abstract provided.

The Evoloving Nature Of Tax Practice, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Valuations In The Business Setting, Harold G. Martin Jr.

William & Mary Annual Tax Conference

No abstract provided.

State Challenges To Related Party Transactions, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.

The Second Amendment: Structure, History, And Constitutional Change, David S. Yassky

Elisabeth Haub School of Law Faculty Publications

Part I of the Article engages the revisionists squarely on the turf they have staked out: the intent of those who framed and ratified the Second Amendment. Here I credit the revisionists with some important insights. Their research reminds us how greatly the world in which the Second Amendment was adopted differed from our own. This perspective helps us understand how the Founders could have placed the right to bear arms on par with the right to free speech--a decision that baffles many modern Americans. Yet while the revisionists correctly perceive that the right to keep and bear arms was …

The Japanese Law On Communications Interception During Criminal Investigatons: Translator's Introduction, Yohei Suda

Washington International Law Journal

Japan enacted the Law on Communications Interception During Criminal Investigations last year to help control organized crime. The legislation is, in part, a reaction to domestic and international pressure that grew from recent, well-publicized crimes such as the Aur Shinrikyo attack on a Tokyo subway. The Interception Law is a powerful tool for Japanese law enforcement, however the question of whether the Interception Law violates Japan's constitutional rights to privacy and secrecy of communication has not yet been resolved.