Law Commons^™

Criminal Law, Laura D. Hogue, Franklin J. Hogue

Mercer Law Review

In this survey of Georgia criminal law, we have selected only those cases that we deemed to be of interest to those of us who practice in the area of criminal law. For space reasons, however, we could not include every interesting case, even in footnotes. Other writers of this survey would have selected differently, no doubt. We also were able to omit all death penalty cases and cases involving strictly evidentiary issues, as two other fine articles in this edition of the Mercer Law Review cover those cases.

Evidence, Marc T. Treadwell

Mercer Law Review

During its 2005 session, the Georgia General Assembly passed legislation, commonly known as Senate Bill 3, that will, if upheld by the courts, dramatically impact Georgia's civil justice system. Two provisions of Senate Bill 3 will change Georgia evidence law. The Official Code of Georgia Annotated ("O.C.G.A.") section 24-9-67.1(f), discussed in more detail below, purports to adopt Federal Rule of Evidence 702, the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. , and create special rules for expert testimony in medical negligence actions. A new rule for the admission of mistake or error by medical providers …

Insurance, Stephen M. Schatz, Stephen L. Cotter, Bradley S. Wolff

Mercer Law Review

Several decisions rendered by the Georgia Court of Appeals which we discussed (and a few of which we criticized) in last year's survey were further clarified or overruled by the Georgia Supreme Court. As has been the pattern over the years, Georgia courts during this survey period reinforced that when any ambiguity exists in an insurance contract, courts will construe the contract in favor of finding coverage for the insured. However, when no ambiguity exists on the face of the insurance contract, courts will strictly enforce the provisions as written, and will rarely find any public policy preventing enforcement. One …

Legal Ethics, Patrick Emery Longan

Mercer Law Review

The Georgia Supreme Court and the Georgia Court of Appeals decided a number of cases concerning the professional responsibilities of lawyers during the survey period. Those cases concerned attorney discipline, malpractice, bar admission, attorney fees and liens, ineffective assistance of counsel, and judicial ethics and recusal.

Real Property, Linda S. Finley

Mercer Law Review

This Article surveys case decisions and other developments in Georgia real property law during the current survey period (June 1, 2004 through May 31, 2005). The court decisions, legislation, and other information discussed below were chosen for their significance to real property law and, perhaps, their relevance to the day-to-day law practice. Unfortunately, it is not possible to review each important decision due to space limitations. Instead, the author seeks to identify new trends as well as changing law. Perhaps the most important trend in real property law is the criminalization of mortgage fraud relating to residential home loans. The …

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Victor A. Ellis

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law pronounced by the United States Supreme Court and Georgia appellate courts between June 1, 2004 and May 31, 2005. The cases surveyed fall primarily within six categories: (1) condemnation; (2) nuisance and environmental; (3) zoning and related ordinances; (4) easements; (5) annexation; and (6) restrictive covenants.

Introduction, Ellen P. Aprill, Nancy Staudt

Loyola of Los Angeles Law Review

No abstract provided.

The Interpretive Voice, Ellen P. Aprill

Loyola of Los Angeles Law Review

No abstract provided.

Derungs V. Wal-Mart Stores: Another Door Shut - A Federal Interpretation Excluding Breastfeeding From The Scope Of A State's Sex Discrimination Protection, Katherine A. Macfarlane

Loyola of Los Angeles Law Review

No abstract provided.

Tempest In A Teapot Or Tidal Wave - Cybersquatting Rights And Remedies Run Amok, H. Brian Holland

Faculty Scholarship

The conflict at the heart of cybersquatting is in many ways conceptual. To most of its early inhabitants, the Internet embodied a separate and distinct environment --a territory unto itself. As such, it was thought the online world would stand separate from existing governmental power structures premised on the idea of territorial sovereignty. This separateness placed online actors theoretically beyond the authority of established legal systems, whose validity appeared limited by territorial boundaries and the sovereign-subject relationships occurring in the off-line world. Indeed, what many envisioned was an opportunity to create a self-regulating community existing within the "territory" of the …

Human-Centric International Law: A Model And A Search For Empirical Indicators, John King Gamble, Charlotte Ku, Chris Strayer

Faculty Scholarship

This Article is the result of the authors' application of an explicit model of the evolving international legal situation and an empirical test using multilateral treaties. The authors examine all the multilateral treaties signed over the last 350 years, about 6000 treaties, and discuss the "humanization" of international law.

The Opinion Volume 44 Issue 4 – December 1, 2005, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December, 1, 2005

The Immorality Of Textualism, Andrei Marmor

Cornell Law Faculty Publications

No abstract provided.

Property As Entrance, Eduardo M. Peñalver

Cornell Law Faculty Publications

Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg

Cornell Law Faculty Publications

The U.S. Supreme Court, in Furman v. Georgia (1972), held that the death penalty is constitutional only when applied on an individualized basis. The resultant changes in the laws in death penalty states fostered the involvement of psychiatric and psychologic expert witnesses at the sentencing phase of the trial, to testify on two major issues: (1) the mitigating factor of a defendant’s abnormal mental state and (2) the aggravating factor of a defendant’s potential for future violence. This study was an exploration of the responses of capital jurors to psychiatric/psychologic expert testimony during capital sentencing. The Capital Jury Project is …

"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan

Law Faculty Scholarly Articles

We argue that the specious justification for the invasion of Iraq -- a war based on a pretext of anticipatory self-defense -- necessarily exacerbates the inherent tendency of war to dehumanize and humiliate the enemy. This tendency is particularly evident in the variant of anticipatory self-defense that we have denominated as "capacity preemption," a type of claim that by definition depends upon characterizations of the opponent as utterly inhuman.

The Bush Doctrine tells a timeless story of self-defense. This story is shaped by an identifiable and predictable narrative structure, one that is able to transform the morally outrageous -- an …

Seeking Supervision: An Analysis Of Recent Trends In The Definition Of 'Supervisor' Argument And A Recommendation For The Eleventh Circuit, Keith Muse

Georgia State University Law Review

No abstract provided.

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

Mercer Law Review

This Article surveys noteworthy cases in the areas of corporate, securities, and partnership law decided during the survey period by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia. This Article also summarizes recent enactments by the Georgia General Assembly to the Official Code of Georgia Annotated ("O.C.G.A.") with respect to banking and finance laws.

Labor And Employment, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii

Mercer Law Review

This Article surveys recent developments in state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions from the Georgia Court of Appeals and Georgia Supreme Court from June 1, 2004 to May 31, 2005. This Article also highlights specific revisions to the Official Code of Georgia Annotated ("O.C.G.A.").

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

Mercer Law Review

This survey period saw major changes to domestic relations law. With the political changes in the state legislature came sweeping reforms to what seemed to be deeply entrenched laws. Although Georgia law presently requires appeals of all domestic relations cases occurring through the discretionary application process, the Georgia Supreme Court extended its 2003 pilot project into its third year, agreeing to accept all "non-frivolous" applications filed in divorce and alimony cases. As a result, those interested in domestic relations law have benefited from many more substantive decisions from the appellate courts on a variety of issues. Revisions to the Uniform …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

As a county attorney, I was involved in a zoning case.... One day, ... the judge summoned all of us to his chambers for a conference concerning the case. As we sat around his conference table, his law clerk brought in the accumulated papers in the case. The papers were then placed in two stacks: one stack originating from the landowner's attorneys, and the other from us. The judge then brought out a ruler and measured the two stacks. He then turned to the landowner's attorney and said, "Mr. Attorney, you have exceeded 12 inches. I will receive and consider …

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon

Mercer Law Review

The Chairman's Advisory Council of the State Board of Workers' Compensation again submitted significant legislation for 2005. Perhaps the most significant amendment to the Workers' Compensation Act concerns the determination of catastrophic designation. If an injury has not already been accepted as a catastrophic injury by the employer, and the authorized treating physician has released the employee to return to work with restrictions, there will be a rebuttable presumption, during a period not to exceed 130 weeks from the date of injury, that the injury is not a catastrophic injury. In making a determination as to whether an injury is …

Interpretive-Regime Change, Philip P. Frickey

Loyola of Los Angeles Law Review

No abstract provided.

Originalism Vs. Precedent: An Evolutionary Perspective, Theodore P. Seto

Loyola of Los Angeles Law Review

No abstract provided.

Statutory Interpretation And The Intentional(Ist) Stance, Cheryl Boudreau, Mathew D. Mccubbins, Daniel B. Rodriguez

Loyola of Los Angeles Law Review

No abstract provided.

Letting Go Of A National Religion: Why The State Should Relinquish All Control Over Marriage, Amelia A. Miller

Loyola of Los Angeles Law Review

No abstract provided.

Spyware Regulation: National Legislation Should Prompt Industry Self-Policing, Erica Pines

Loyola of Los Angeles Law Review

No abstract provided.

United States V. Lifshitz: Warrantless Computer Monitoring And The Fourth Amendment, Shauna Curphey

Loyola of Los Angeles Law Review

No abstract provided.

Eureka - California Strikes Gold With The Claim Of Right Doctrine In Ackerman V. Franchise Tax Board, Richard Delossa

Loyola of Los Angeles Law Review

No abstract provided.

Capping The Governmant's Needle: The Need To Protect Parolees' Fourth Amendment Privacy Interests From Suspicionless Dna Searches In United States V. Kincade, Gilbert J. Villaflor

Loyola of Los Angeles Law Review

No abstract provided.