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Articles 211 - 240 of 11211
Full-Text Articles in Law
The Cynic At The Circus, Jamison E. Colburn
Bachelors Beware: The Current Validity And Future Feasibility Of A Cause Of Action For Breach Of Promise To Marry, Kelsey M. May
Bachelors Beware: The Current Validity And Future Feasibility Of A Cause Of Action For Breach Of Promise To Marry, Kelsey M. May
Tulsa Law Review
No abstract provided.
Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang
Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang
William & Mary Bill of Rights Journal
No abstract provided.
Georgia V. Randolph, The Red-Headed Stepchild Of An Ugly Family: Why Third Party Consent Search Doctrine Is An Unfortunate Fourth Amendment Development That Should Be Restrained, Aubrey H. Brown
William & Mary Bill of Rights Journal
No abstract provided.
Rescuing The Fourteenth Amendment Privileges Or Immunities Clause: How "Attrition Or Parliamentary Processes" Begat Accidental Ambiguity; How Ambiguity Begat Slaughter-House, Michael Anthony Lawrence
Rescuing The Fourteenth Amendment Privileges Or Immunities Clause: How "Attrition Or Parliamentary Processes" Begat Accidental Ambiguity; How Ambiguity Begat Slaughter-House, Michael Anthony Lawrence
William & Mary Bill of Rights Journal
No abstract provided.
The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher
The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher
William & Mary Bill of Rights Journal
No abstract provided.
Impermissible Ratemaking In Health-Insurance Reform: Why The Reid Bill Is Unconstitutional, Richard A. Epstein
Impermissible Ratemaking In Health-Insurance Reform: Why The Reid Bill Is Unconstitutional, Richard A. Epstein
Public Law and Legal Theory Working Papers
No abstract provided.
Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long
Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long
Law Faculty Research Publications
Professor Lani Guinier and others have recently developed a theory called "demosprudence" that explains the democracy-enhancing potential of certain types of US. Supreme Court dissents. Separately, state constitutionalists have described state constitutions' capacity to offer a base of resistance against the U.S. Supreme Court's narrow conception of individual rights. Applying these two seemingly unrelated theories to school desegregation litigation in Connecticut and to same-sex marriage litigation in Iowa, this Essay suggests that certain state constitutional decisions might function like U.S. Supreme Court dissents to enhance democratic activism. In this way, interactive federalism might usefully serve as a category of demosprudence.
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn
Mercer Law Review
Administrative procedure is rarely the topic of after-hours conversations, trailing far behind baseball scores, what to eat, and famous personalities. However, the continuing creep of influence of administrative agencies impacts daily life far beyond casual observations. It is the work of administrative agencies that propels government on all fronts. This Article surveys chosen cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2008 through May 31, 2009. Cases from specific subject areas that one would expect to see in other articles contained in this volume have not been included unless points regarding administrative law …
Criminal Law, Franklin J. Hogue
Criminal Law, Franklin J. Hogue
Mercer Law Review
This year I selected a small number of significant cases and amendments to Georgia criminal law on which to focus this Survey. This allows slightly more in-depth treatment within the space limitations and may be more useful, so I hope, to practicing trial lawyers in the ever-changing area of criminal law. This survey period covers developments from June 1, 2008 to May 31, 2009.
Death Penalty Law, Therese Michelle Day
Death Penalty Law, Therese Michelle Day
Mercer Law Review
This Article provides a survey of death penalty case law in Georgia from June 1, 2008 through May 31, 2009. The cases included in this Survey were decided by the Georgia Supreme Court on interim appeal and direct appeal, and in one instance, on denial of certiorari by the United States Supreme Court. Discussion is limited to claims that present new issues of law, refine existing law, or are otherwise instructive.
Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Iii, Glen R. Fagan
Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Iii, Glen R. Fagan
Mercer Law Review
This Article surveys recent developments in the state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions interpreting Georgia law from June 1, 2008 to May 31, 2009. This Article also includes highlights of certain revisions to the Official Code of Georgia Annotated (O.C.G.A.).
Torts, Deron R. Hicks, Travis C. Hargrove
Torts, Deron R. Hicks, Travis C. Hargrove
Mercer Law Review
This Article surveys recent developments in Georgia tort law between June 1, 2008 and May 31, 2009.
Product Liability, Franklin P. Brannen Jr., Jacob E. Daly
Product Liability, Franklin P. Brannen Jr., Jacob E. Daly
Mercer Law Review
This Article surveys developments in Georgia product liability law during the period of June 1, 2008 through May 31, 2009. It covers noteworthy cases decided during the survey period by the Georgia appellate courts, the United States Supreme Court, the United States Court of Appeals for the Eleventh Circuit, and United States district courts located in Georgia. In addition, this Article discusses bills considered by the Georgia General Assembly during its 2009 session that are particularly relevant to product liability cases.
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Mercer Law Review
This Article describes selected cases and significant legislation from the period of June 1, 2008 through May 31, 2009, that pertain to Georgia fiduciary law and estate planning.
Workers' Compensation, H. Michael Bagley, J. Benson Ward
Workers' Compensation, H. Michael Bagley, J. Benson Ward
Mercer Law Review
There were minimal legislative changes during the survey period from June 1, 2008 to May 31, 2009, but several interesting decisions were issued by the Georgia Court of Appeals. Among those were cases affirming the exclusive remedy doctrine, a case providing insight on the applicability of statutory employment when the general contractor is an owner in possession of the property, and several statute of limitations cases
You've Got Your Mother's Laugh: What Bankruptcy Mediation Can Learn From The Her/History Of Divorce And Child Custody Mediation, Nancy A. Welsh
You've Got Your Mother's Laugh: What Bankruptcy Mediation Can Learn From The Her/History Of Divorce And Child Custody Mediation, Nancy A. Welsh
Faculty Scholarship
Due to our current deep economic woes, growing bankruptcy filings, and apparent legislative unwillingness to expand the number of judges, bankruptcy courts are exploring the use of mediation to help resolve adversary proceedings, negotiate elements of reorganizations, and deal with claims that cannot be heard directly in bankruptcy proceedings. In addition, mediation advocates have been consistent in urging greater use of the process to reduce debtors’ and claimants’ costs, bridge the jurisdictional and standing challenges that bankruptcies can pose, and offer claimants the opportunity to be heard and determine their own resolution of claims. At this point, the relatively few …
When Immigration Borders Move, Huyen Pham
When Immigration Borders Move, Huyen Pham
Faculty Scholarship
With recent immigration enforcement efforts, we have created a completely new paradigm of moving borders: laws, enacted at all levels of government, that require proof of legal immigration status in order to obtain a driver's license, a job, rental housing, government need-based assistance, and numerous other essential benefits. Unlike the fixed physical border, these laws require proof of immigration status at multiple, moving points within the country's interior and are triggered through everyday transactions; if unable to prove her legal status, a person is denied the restricted benefit. If a person is denied access to multiple essential benefits, then she …
U.S. Chamber Of Commerce Liability Survey: Inaccurate, Unfair, And Bad For Business, Theodore Eisenberg
U.S. Chamber Of Commerce Liability Survey: Inaccurate, Unfair, And Bad For Business, Theodore Eisenberg
Cornell Law Faculty Publications
The U.S. Chamber of Commerce uses its Survey of State Liability to criticize judiciaries and seek legal change but no detailed evaluation of the survey’s quality exists. This article presents evidence that the survey is substantively inaccurate and methodologically flawed. It incorrectly characterizes state law; respondents provide less than 10 percent correct answers for objectively verifiable responses. It is internally inconsistent; a state threatened with judicial hellhole status ranked first in the survey while venues not on the list ranked lower. The absence of correlation between survey rankings and observable activity suggests that other factors drive the rankings. Two factors …
Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo
Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo
Educational Leadership Faculty Publications
Roman Catholic schools developed in the United States during the latter part of the 19th century partially in response to a significant wave of anti-Catholic sentiment that swept the nation. Consequently, Catholic schools were established as a kind of parallel system largely free from civil laws, as bishops, pastors, and other religious leaders were free to operate their schools largely under the Church's own internal juridical system, the Code of Canon Law. However, by the middle of the 20th century, due to a variety of demographic factors, the composition of Catholic schools began to change dramatically, particularly with regard to …
Construction Law, Frank O. Brown Jr.
Construction Law, Frank O. Brown Jr.
Mercer Law Review
This Article focuses on noteworthy construction law decisions by Georgia appellate courts between June 1, 2008 and May 31, 2009, and significant construction-related Georgia legislation and regulations during the same period.
Real Property, Linda S. Finley
Real Property, Linda S. Finley
Mercer Law Review
The survey period, from June 1, 2008 to May 31, 2009, has been a volatile period for attorneys who regularly practice in areas involving real estate. Each day the media is replete with stories involving the country's historic economic crisis, and the effects can be seen in Georgia neighborhoods and in resulting legislation. Given our point in history, the cases and legislation discussed in this Survey were chosen for their significance to real property law and to update attorneys who regularly or occasionally practice or render opinions regarding real estate law.
Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Davené D. Walker, Kelley B. Gray
Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Davené D. Walker, Kelley B. Gray
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 handed down by Georgia appellate courts between June 1, 2008 and May 31, 2009. The cases surveyed fall primarily within five categories: (1) zoning; (2) condemnation; (3) nuisance and trespass; (4) easements and restrictive covenants; and (5) miscellaneous.
Conflicting Interests Of Labor Demands And Employer Based Immigration Laws: Old Problems Require New Solutions., Nicole E. Merritt
Conflicting Interests Of Labor Demands And Employer Based Immigration Laws: Old Problems Require New Solutions., Nicole E. Merritt
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato
“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato
Dissertations - ALL
Robert H. Jackson’s service as Solicitor General has attained mythic status, prompting academics and commentators consistently to rate him as one of the greatest appointees to that office. In part, his stature reflects his extraordinary skill as an attorney. In some measure, Jackson’s legend draws upon the Supreme Court’s growing liberalism, which occurred upon his watch. As Peter Ubertaccio argues in his history of the office, Learned in the Law and Politics, the stature of the Solicitor General suffered during the early 1930s, when the court generally ruled against the government, then improved as the court sided with the Roosevelt …
Untold Stories In South Africa: Creative Consequences Of The Rights-Clearing Culture For Documentary Filmmakers, Peter Jaszi, Sean Flynn
Untold Stories In South Africa: Creative Consequences Of The Rights-Clearing Culture For Documentary Filmmakers, Peter Jaszi, Sean Flynn
Joint PIJIP/TLS Research Paper Series
This report summarizes research on the perceptions of South African documentary filmmakers about copyright clearance requirements and the effect of such requirements on their work. This work was performed in the context of a larger project exploring how lessons learned from “best practices” projects with documentary filmmakers in the U.S. can help their counterparts in other countries identify and overcome barriers to effective filmmaking posed by escalating
copyright clearance requirements.
Commencement Address - May 10, 2009, Michael B. Mukasey
Commencement Address - May 10, 2009, Michael B. Mukasey
North Carolina Law Review
No abstract provided.
Trust In The Shadows: Law, Behavior, And Financial Re-Regulation, Raymond H. Brescia
Trust In The Shadows: Law, Behavior, And Financial Re-Regulation, Raymond H. Brescia
Buffalo Law Review
No abstract provided.
Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead
Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead
Buffalo Law Review
No abstract provided.
Recusal And Recompense: Amending New York Recusal Law In Light Of The Judicial Pay Raise Controversy, Jeffrey T. Fiut
Recusal And Recompense: Amending New York Recusal Law In Light Of The Judicial Pay Raise Controversy, Jeffrey T. Fiut
Buffalo Law Review
No abstract provided.