Law Commons^™

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the domestic relations appellate cases decided during this survey period, twenty-three are discussed below. Georgia law requires that appeals of domestic relations cases occur through the discretionary application process. A party wanting to appeal an order in a domestic relations case must first file an application to obtain the permission of the appropriate appellate court to file an appeal. As part of a pilot project, the Georgia Supreme Court began accepting all "non-frivolous" applications filed in domestic relations cases during the 2003 calendar year. The supreme court extended the pilot project for the 2004 calendar year; however, the supreme …

Evidence, Marc T. Treadwell

Mercer Law Review

One of the more interesting things about writing evidence surveys for the Mercer Law Review for almost twenty years has been watching evidentiary rules rise and, sometimes, fall. No rise has been more dramatic than Georgia's necessity exception to the hearsay rule. Its fall, or partial fall, should be equally dramatic as a result of the United States Supreme Court's decision in Crawford v. Washington, which knocked the constitutional underpinnings from underneath the necessity exception. As discussed in many prior surveys, sometimes with tentative and respectful criticism, the necessity exception, despite a few minor setbacks, has become a vehicle …

Real Property, Linda S. Finley

Mercer Law Review

The Author believes it appropriate to dedicate this Article to a man who has served as a mentor and expert for hundreds (perhaps thousands) of real estate lawyers in the State of Georgia. Affectionately known as "The Death Ray" by his students, who at one time or another admired or feared him, Professor James C. Rehberg had the knack for making a somewhat dry topic come alive (perhaps the exception being the Rule Against Perpetuities). Professor Rehberg was honored in early 2004 by students, faculty, and alumni at his official retirement. While the Author can do little to make this …

Trial Practice And Procedure, Jason L. Crawford, J. Clay Fuller, Dustin T. Brown, Kate S. Cook

Mercer Law Review

During this survey period, the Georgia Supreme Court and Georgia Court of Appeals issued several noteworthy opinions on topics of interest to practitioners. This Article will address these judicial opinions that cover, among other topics, the issues of damages, immunity, the attorney-client relationship, indemnification, jurisdiction and venue, statutes of limitation, standing, and trial procedure. This Article will also address several developments in Georgia's statutory law impacting trial practice and procedure.

The Medical Privilege In The Federal Courts - Should It Matter Whether Your Ego Or Your Elbow Hurts, Kenneth S. Brown

Loyola of Los Angeles Law Review

No abstract provided.

Government Privilege: A Cautionary Tale For Codifiers, Kenneth W. Graham Jr.

Loyola of Los Angeles Law Review

No abstract provided.

A Proposal For A Wholesale Reform Of California's Sentencing Practice And Policy, Michael Vitiello, Clark Kelso

Loyola of Los Angeles Law Review

No abstract provided.

Table Of Contents - Vol. 35, No. 1 2004

Seton Hall Law Review

No abstract provided.

P2p: The Path To Prosperity, Philip S. Corwin, Lawrence M. Hadley

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Title Page, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Making Politics De Minimis In The Political Process: The Unworkable Implications Of Cox V. Larios In State Legislative Redistricting And Reapportionment, James R. Dalton

BYU Law Review

No abstract provided.

A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner

Journal Articles

No abstract provided.

Museletter: November/December 2004, Caroline L. Osborne

Museletter

This Issue:

Exam 1, 2, 3s by Caroline L. Osborne

Extended Hours and Restricted Access During Exams

Two Titles -- Two Good Reads by Timothy L. Coggins

Tasini And Its Progeny: The New Exclusive Right Or Fair Use On The Electronic Publishing Frontier?, Lateef Mtima

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Operation Blackbeard: Is Government Prioritization Enough To Deter Intellectual Property Criminals?, Lauren E. Abolsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Examining The Merits Of Dual Regulation For Single-Stock Futures: How The Divergent Insider Trading Regimes For Federal Futures And Securities Markets Demonstrate The Necessity For (And Virtual Inevitability Of) Dual Cftcsec Regulation For Single-Stock Futures, Zachary T. Knepper

The University of New Hampshire Law Review

[Excerpt] "Single-stock futures are a recent addition to the financial landscape in the United States and provide retail and institutional investors with a new tool for investment or speculation. So far, the market response to these instruments has been cool. Some observers have argued that the regulatory framework for single-stock futures is a cause of the lack of investor interest. Single-stock futures are regulated by both the Commodities Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”), and this system of dual regulation has been criticized as overly burdensome and unnecessary."

Table Of Contents, Volume 3, Number 1, 2004, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Three, Issue Number One.

The Confines Of Modern Constitutionalism, David T. Butleritchie

The University of New Hampshire Law Review

[Excerpt] "Constitutionalism is an ambiguous concept, or at least the term is used in ambiguous ways. Virtually every political theorist of the modern period, certainly during the last two hundred years or more, has used the concept of a political constitution in some way or another. There is very little agreement, however, on what the term constitutionalism actually represents. Some mean it in a restrictive way, others in a more expansive way. Some use it in a proscriptive manner, while others employ it prescriptively (some, perhaps, even use it pejoratively). What nearly everyone who uses the term shares, though, is …

Live Smoke Free Or Die: The Battle For Smoke Free Restaurants In New Hampshire, Jody Hodgdon

The University of New Hampshire Law Review

[Excerpt] "The need for a strict statutory scheme prohibiting or effectively segregating tobacco smoke in restaurants and public buildings in New Hampshire is compelling. One evening, during the summer of 2003, I took my wife and daughter to a restaurant in New Hampshire for dinner. When the time came to be seated, the waiter asked if we preferred to be seated in the smoking or non-smoking section. At our request, he led us to the non- smoking section. Over the course of dinner, I considered the irony of why the restaurant even had a non-smoking section. Smoke was coming over …

Is The International Court Of Justice Biased?, Eric A. Posner, Miguel F. P. De Figueiredo

Coase-Sandor Institute for Law & Economics Research Paper Series

The International Court of Justice has jurisdiction over disputes between nations, and has decided dozens of cases since it began operations in 1946. Its defenders argue that the ICJ decides cases impartially and confers legitimacy on the international legal system. Its critics argue that the members of the ICJ vote the interests of the states that appoint them. Prior empirical scholarship is ambiguous. We test the charge of bias using statistical methods. We find strong evidence that (1) judges favor the states that appoint them, and (2) judges favor states whose wealth level is close to that of the judges' …

Minimalism At War, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Decline Of The International Court Of Justice, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

The International Court of Justice is the judicial organ of the United Nations and the preeminent international court, but its caseload is light and has declined over the long term relative to the number of states. This paper examines evidence of the ICJ’s decline, and analyzes two possible theories for this decline. The first is that states stopped using the ICJ because the judges did not apply the law impartially but favored the interests of their home states. The second is that the ICJ has been the victim of conflicting interests among the states that use and control it.

Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt

Duke Law Journal

The modern American civil liberties movement famously began with the United States's intervention in World War I. Yet these beginnings have long raised a conundrum for civil liberties historians. Why did the American civil liberties movement arise precisely when so many sophisticated legal and political thinkers began to call into question the truth value of abstract rights claims? The puzzling rise of civil liberties in an age of pragmatic skepticism is all the more startling given that early leaders of the civil liberties movement were themselves leading rights skeptics. This Article offers a new interpretation of the rise of the …

Masthead - Cardozo Public Law, Policy And Ethics Journal, Vol. 3 (2004-06)

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Symposium Introduction: Hegel's Logic Of The Concept, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The Concept And Its Double: Power And Powerlessness In Hegel's Subjective Logic, Lain Macdonald

Cardozo Public Law, Policy & Ethics Journal

The article explores the duality of power and powerlessness in Hegel's Subjective Logic, highlighting the tension between the Concept's absolute power and its susceptibility to powerlessness. Hegel portrays the Concept as an infinitely powerful force that unifies diversity through self-related negativity, yet acknowledges that reason can be powerless when fixated on determinate concepts, leading to one-sidedness. This duality suggests that while reason has the capacity for self-correction, it perpetually confronts the challenge of abstraction and determinateness.

Hegel's Anti-Spinozism: The Transition To Subjective Logic And The End Of Classical Metaphysics, George Di Giovanni

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The Types Of Universals And The Forms Of Judgment, Richard Dien Winfield

Cardozo Public Law, Policy & Ethics Journal

The article argues that the forms of judgment are central to objective thought and knowledge, critiquing Kant for failing to account for their diversity and proposing a systematic approach to understanding judgment starting from the concept itself. It explores Hegel's differentiation of judgment forms through self-development, emphasizing the necessity of understanding universals and their interrelations.

Hegel's Refutation Of Rational Egoism, In True Infinity And The Idea, Robert M. Wallace

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.