Law Commons^™

State Constitutional Law: Developments In Georgia Election Law, Bryan P. Tyson, Bryan F. Jacoutot, Diane F. Laross

Mercer Law Review

Since the 2018 election, the election process in Georgia has been subjected to intense scrutiny both on the campaign trail and in the courtroom through a variety of lawsuits. Cases in superior courts and the Supreme Court of Georgia have challenged everything from candidate eligibility to election outcomes to the voting machines used in elections. While much of the highest-profile litigation has been in federal court, state law regarding election administration and post-election contests has developed in significant ways during that time period. This Article reviews some of the most significant cases involving Georgia election law that have made their …

Does Georgia’S Code Have The Force Of Law? Early Codification Practices And Constitutional Questions, Jake Shatzer

Mercer Law Review

In 1858, Georgia’s General Assembly commissioned the state’s first official code. The legislature appointed three men to assemble a lengthy volume that included all the legislative acts that were in force at the time. Besides statutes, the General Assembly also tasked the codifiers with codifying legal principles of the English common law, Georgia Supreme Court decisions, and English statutes that were still in force. As a result, the codifiers inserted hundreds of provisions into the code that they wrote in an attempt to distill these legal principles into statutory form. When the codifiers’ work was done, the General Assembly adopted …

Local Government, Jacob Stalvey O’Neal, Russell A. Britt, Dana A. King, Jennifer Dorminey Herzog, Nicholas A. Kinsley, M. Blake Walker

Mercer Law Review

Last year’s survey showed that the appellate courts in Georgia were reluctant to rule that a public official had violated a ministerial duty and thus were willing to hold that public officials were entitled to official immunity. This year, however, at least one case showed a swing in the other direction, with the Court of Appeals of Georgia holding that official immunity can be overcome, despite the existence of some discretionary language in a policy.

Zoning And Land Use Law, Newton M. Galloway, Steven L. Jones, Joshua Williams

Mercer Law Review

This year’s Georgia Survey on zoning law analyzes new developments in case law and legislation over the Survey period. It analyzes the impact and aftermath of the Supreme Court of Georgia’s opinion in State v. SASS Group, LLC. SASS Group was the first case arising under the 2020 amendment to the Georgia Constitution of 1983, which permitted a limited waiver of the state’s sovereign immunity for declaratory judgment claims alleging that an action of a government official was unconstitutional. Though SASS Group did not factually involve a zoning decision, its holding impacted how and against whom an appeal of a …

Beyond Gary V. State: Paragraph Xiii And The Future Of Georgia’S Exclusionary Rule, Joshua R. Wright

Mercer Law Review

While lawyers across Georgia routinely file motions to suppress evidence in the state’s superior courts, many may never stop to consider what actually affords their clients that right. Practitioners preparing these motions quickly discover one of the most significant recent developments in modern Georgia criminal law: the debate over the scope of a criminal defendant’s constitutional protection against unreasonable searches and seizures and, more importantly, when courts must suppress evidence obtained in violation of those rights. Will the Georgia Supreme Court overturn Gary v. State in full and adopt a good-faith exception? If so, can criminal defense attorneys look to …

Still A Deal With The Devil? Mary Carter Agreements And The Integrity Of Civil Jury Trials, Lane Hammond

Mercer Law Review

This Comment examines how jurisdictions treat Mary Carter agreements today and why Georgia should prohibit them entirely. It explores a case currently on appeal before the Court of Appeals of Georgia that raises the issue, draws parallels to prohibited trial tactics under the Bruton Doctrine, and explains why limiting instructions fail to cure the prejudice these agreements create. It raises questions about whether Mary Carter agreements even present a justiciable controversy. It also considers the tension between the competing values at stake: promoting settlements and judicial efficiency on one side, versus safeguarding fairness and the integrity of litigation on the …

Saints, Sinners, And Standard Agreements: Rethinking Morality Clauses In Georgia, Margaret Shehane

Mercer Law Review

This Comment situates morality clauses within Georgia’s broader contract and employment law framework, while also drawing lessons from New York and California. Part I traces the history and function of morality clauses, distinguishing between express and implied provisions, as well as reputational and conduct-based triggers. Part II examines how New York and California have approached morality clauses, emphasizing their reliance on public policy to limit enforceability. Part III turns to Georgia, analyzing how morality provisions are interpreted in light of at-will employment, identifying common drafting pitfalls, and offering practical guidance for attorneys. Part IV looks ahead, considering how Georgia law …

From Classroom To Courtroom: Vicarious Liability In Clinical Education, Grace M. Owens

Mercer Law Review

Vicarious liability has progressively extended its reach into the healthcare field. The advancement of clinical education and increased presence of medical students in the healthcare setting raises the question of who bears the legal responsibility for a student’s wrongful acts or omissions during the provision of medical care. In an attempt to conform to traditional tort ideals, should a medical student be solely responsible for their own actions? Conversely, should the medical institution or supervising physician pay the price of a student’s mistakes? Statham v. Quang demonstrates this tension and represents the Supreme Court of Georgia’s attempt to strike a …

Standing Apart: Wasserman V. Franklin County And The End Of Third-Party Standing In Georgia, Scott Key

Mercer Law Review

In Wasserman v. Franklin County, the Supreme Court of Georgia ended third-party standing, reasoning that the Georgia Constitution does not provide for it and that principles of stare decisis do not require that Georgia courts continue to follow the third-party standing doctrine. While Georgia courts imported the federal third-party standing doctrine in 2007, the supreme court abandoned it approximately eighteen years later. Beginning in Sons of Confederate Veterans v. Henry County Board Of Commissioners (“SCV”), the court narrowed the scope of standing under Georgia law. This case also reflects a broader trend in which the court strictly construes the language …

The Impact Of New York City’S Bail Reform, Ruya Y. Kutgun

Honors College Theses

This thesis examines the impact of New York City’s bail reform on crime, recidivism, and jail populations, with particular attention to whether the reform has contributed to increased violence. Implemented in 2020 to reduce racial and economic inequalities, bail reform eliminated cash bail for most low-level offenses and emphasized the least restrictive pretrial conditions, with subsequent amendments expanding eligibility for detention. Using cross-sectional data from multiple governmental and research institutions, this study analyzes arrest rates, rearrest rates, and jail population trends before and after implementation. Findings indicate no significant increase in recidivism or violent crime attributable to bail reform. Fluctuations …

Ai And Naval Operations, Wolff Heintschel Von Heinegg

International Law Studies

Artificial intelligence systems in naval operations are reality. They enhance naval capabilities in various respects. Autonomous surface and underwater vehicles depend on such systems. Moreover, these systems contribute to threat detection and identification, to real-time strategy optimization, and to intelligence analysis. The present article provides a brief analysis of the legality of AI systems used by naval forces under the law of naval warfare, which, in many respects, differs considerably from the law of land warfare. Accordingly, it is necessary to distinguish between attacks from the sea against targets on land and attacks against targets at sea and in the …

A Conversation With Judge Stephanos Bibas, Stephanos Bibas, Kevin C. Walsh

Catholic University Law Review

On Friday, March 28th, 2025, the Catholic University Law Review hosted its annual spring symposium: Traditional Judicial Power & Doctrinal Development, which included a conversation between Judge Stephanos Bibas and Professor Kevin C. Walsh. The conversation covered topics such as standing, severability, and preliminary injunctions. This is a transcript of the conversation, and the text appears substantially as it was delivered.

Czy Możliwe Jest Utrzymanie W Mocy Umowy Kredytu Hipotecznego Odnoszącego Się Do Waluty Obcej Zawierającej Niedozwolone Postanowienia Określające Mechanizm Indeksacji? Kilka Uwag O Braku Możliwości Podziału Abuzywnych Klauzul Indeksacyjnych Na Gruncie Orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej I Sądów Krajowych, Marta Fabiszewska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The purpose of this paper is to analyze the case law of the Court of Justice of the European Union and national courts on the possibility of separating out abusive clauses defining the indexation mechanism, the elimination of an isolated element of such clauses, and, as a result, the possibility of preserving the validity and applicability of the overall mortgage loan agreement referring to a foreign currency. This issue is currently among the most significant jurisprudential problems arising on the ground of court cases on mortgage loan agreements between consumer-borrowers and banks.

The author aims to answer the question of …

The Next Drug Epidemic Is Legal: The Nation's Kratom Problem Is More Complicated—And More Harmful—Than It Seems, Elizabeth Walsh

Capstones

This two-part health and science investigative piece reports how kratom and its offshoots have quietly fueled a lucrative and legal addiction epidemic for the last decade. While kratom’s derivative alkaloid 7-hyrdoxymitragynine made headlines this year and as the DEA is poised to ban the strong derivative, “natural” kratom and other kratom-derived products will remain. This piece tracks the history of the 'gas‑station opioid' crisis in the U.S. over ten years: what was thought to be an innocuous southeast Asian supplement has become multi-billion dollar industry built on gray‑area laws, marketed falsehoods, and regulatory loophooles.

Part 1: The ‘Gas Station Opioid’ …

Recortes Federales Amenazan La Ayuda A Sobrevivientes De Violencia Doméstica En Nueva York, Ilvea Lezama Melendez

Capstones

Este reportaje examina el impacto de los recientes recortes federales en el financiamiento de organizaciones sin fines de lucro en Nueva York. Esas que brindan servicios a sobrevivientes de violencia doméstica y dependen en gran medida de subvenciones federales y fondos públicos para operar refugios, líneas de ayuda en crisis, servicios legales, consejería y apoyos culturalmente específicos. La reducción de recursos ha provocado interrupciones en los servicios y una disminución en la capacidad de atención, justo cuando la demanda de apoyo por parte de las sobrevivientes dentro de comunidades inmigrantes. A través de entrevistas con proveedores de servicios y expertos …

Two Major Ontario Hospital Labs Bought Research Dogs From U.S. Breeder With Troubled Pastdogs Bred For Scientific And Medical Testing Suffer Abuse As The Scientific Industry Increasingly Turns To Alternatives For Research., Allison Hunter, Mary Beech, Sami Marshak, Kate Morano

Capstones

The purpose-bred dog breeding industry for research is little known. Each year, thousands of dogs are bred for scientific and medical testing, supplied to research facilities by a handful of major commercial breeders. But gaps in enforcement and regulation have allowed abuses to persist, even as the industry increasingly turns to alternatives to animal testing. Animal rights advocates have been decrying the treatment of these dogs. A federal Inspector General report found lax oversight of the industry, raising further concerns about how dogs are treated. This story was reported in collaboration with the Investigative Journalism Bureau, based in Toronto, and …

El Camino Al Exilio Para Una Estudiante De Nicaragua Que Huyó De Ortega, Leyrian Colon Santiago

Capstones

A inicios de 2018, Lucía tenía bien estructurado como serían sus próximos dos años en la escuela de medicina. En las mañanas, se enfocaría en las clases teóricas y en las tardes, haría sus rotaciones como practicante en algún hospital de Nicaragua. Y cuando le sobrara tiempo, visitaría a su familia a las afueras de la capital, Managua.

Lo que Lucía jamás pensó fue que ser una estudiante universitaria que protestó pacíficamente contra el gobierno de su país la empujaría al exilio a sus 23 años de edad.

Actualmente Lucía, quien pidió que su nombre real no fuese publicado por …

Rwu Law Alumni Holiday Reception 12-03-2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Cardozo Law News Brief: December 19, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the December 19, 2025, Cardozo Law News Brief include:

• Professor Sam Weinstein spoke to ABC News about the uncertainty surrounding Warner Bros. Discovery bids and antitrust deal unpredictability.

• Professor Rebecca Ingber was quoted in The Washington Post questioning the administration’s classification of fentanyl as a weapon of mass destruction.

• Professor Zalman Rothschild wrote an essay for The Atlantic reflecting on Hanukkah and Jewish resilience in the wake of the Bondi Beach shooting.

• Professor Peter Markowitz spoke to Gothamist about reports of armed ICE agents entering NYC shelters without warrants.

Faculty news includes:

• Professor Wilfred Codrington III spoke at …

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How Design Law Is Taking Shape In The United States And European Union, Christine Haight Farley

Scholarly Articles in Law Reviews & Journals

This Essay uses a comparative framework to show that sophisticated design rights holders in both the United States (U.S.) and the European Union (EU) increasingly sidestep specialized design regimes in favor of more expansive trademark and copyright doctrines. Although both jurisdictions now operate cumulative intellectual property (IP) systems for industrial design, they have taken sharply divergent paths in confronting the proliferation of “design dupes”—replicas that trade on the appeal of sought-after designs. In the United States, rights holders rely chiefly on trademark law, and especially trade dress, to convert cultural recognition into legally cognizable source indication, a move facilitated by …

Corporate Law And Sustainability – Justice Strong’S Enduring Influence, Kern Alexander

Widener Commonwealth Law Review

No abstract provided.

Law School Should Not Be The Only Path To A Law License, Drew Thornley

Widener Commonwealth Law Review

No abstract provided.

"How Is That Not Stalking?”: A Call For Legislative Reform In Pennsylvania, Lauren Marvel, Jessica Poley

Widener Commonwealth Law Review

No abstract provided.

#Bailfail: How Non-Uniform Bail Schedules May Have A Deleterious Effect On Human Trafficking Prosecutions, Benjamin Thomas Greer

Widener Commonwealth Law Review

No abstract provided.

Challenges In Addressing Cyberharassment Of Domestic Violence Victims Within The Council Of Europe Instruments, Gulnaz Alasgarova

Widener Commonwealth Law Review

No abstract provided.

Harm And Wrongdoing In The Law Of Rape, Ben A. Mcjunkin

Widener Commonwealth Law Review

No abstract provided.

The Impact Of Name, Image And Likeness On The Decision Making Process Of Student-Athletes, Joey Shulam

Student Scholar Symposium

This research project examines the impact of Name, Image, and Likeness (NIL) policies on the college decision-making process of student-athletes. With the NCAA’s 2021 update on the restrictions to NIL compensation, student-athletes now factor financial opportunities into their college choices alongside other considerations such as athletic success, academics, and location. Using both qualitative and quantitative methods, this research includes interviews with Division 1 student-athletes across football, basketball, and baseball, as well as an analysis of transfer data and NIL market trends. The findings indicate that NIL has become a major factor in both recruiting and the transfer portal, influencing student-athletes’ …

Tracking In The Fast Lane: Are License Plate Readers An Invasion Of Privacy?, Lorelai Kline, Madelyn Paul, Catherine Scott, Tessa Mullinix

Student Scholar Symposium

The increasing deployment of Automated License Plate Readers (ALPRs) by law enforcement agencies has sparked significant debate regarding the balance between public safety and individual privacy rights in the digital age. This research investigates whether the use of LPRs constitutes an invasion of privacy, examining the tension between law enforcement's legitimate need for surveillance tools and citizens' constitutional rights to privacy.

This research examines court decisions and legal articles to understand how LPRs affect privacy rights. By looking at important cases like Carpenter v. United States and reviewing what legal experts have written, we can better understand when and how …

Muted Or Moderated: The Fight Over Free Speech, Ashlen Jones, Madaha Lewis, Sophia Shear, Lydia Scoper

Student Scholar Symposium

Social media platforms control online speech through content moderation, raising questions about censorship and First Amendment rights. Traditionally, the First Amendment protects speech from government interference, but private platforms now play a major role in regulating public discourse. This presentation examines how First Amendment principles apply to modern content moderation. By analyzing cases like Murthy v. Missouri and NetChoice v. Griffin, we explore the legal impact of online censorship and the difference between government restrictions and private platform policies. This research looks at the future of constitutional protections and corporate governance of digital spaces, offering insight into the future of …

Ai On Trial: Facial Recognition In Law Enforcement, Mallory Renee Syvertson, Morgan Marie Juillerat, Elijah Willson Ranck, Hayden Joseph Cassetto

Student Scholar Symposium

No abstract provided.