Law Commons^™

Public Health And Morals Abortion: Prohibit Partial-Birth Abortions; Define Partial-Birth Abortion; Provide For Criminal Sanctions Against One Performing Such Procedure; Provide For Exception To Exception To Criminal Sanctions When Such Procedure Is Necessary To Save Life Of Mother; Provide For Civil Remedy For Father And Maternal Grandparents, Subject To Certain Exceptions; Provide That Mother Is Not Subject To Criminal Sanctions For Violation Of This Code Section, James W. Standard Jr.

Georgia State University Law Review

The Act defines and prohibits partial-birth abortions. The Act subjects anyone who performs such an abortion and, thereby ends the life of a human fetus, to criminal liability. The Act excepts from prohibition a partial-birth abortion, which is performed and is necessary to save the life of the mother. The Act also provides that, subject to certain exceptions, the father and maternal grandparents have a civil cause of action when such an abortion is performed. The Act excludes the mother of the fetus from criminal liability under this Act for undergoing such an abortion.

State Government State Debt, Investment, And Depositories: Prohibit Access To Certain Records Of The Office Of Treasury And Fiscal Services By Exempting Them From The Open Records Act; Authorize The Director Of The Office Of Treasury And Fiscal Services To Invest In Specified Securities By Selling Or Purchasing Such Obligation Under Agreement To Resell Or Repurchase The Obligations, W. Kent Davis

Georgia State University Law Review

The Act exempts certain records of the Office of the Treasury and Fiscal Services - particularly records involving electronic fund transfers - from the Open Records Act by stating that they are not public and are not subject to inspection by the general populace. The Act also specifies which securities the Director of the Office of Treasury and Fiscal Services may invest in by selling and purchasing obligations under agreements to later resell or repurchase the obligations.

Some Thoughts On Law And Economics And The General Theory Of Second Best, John J. Donohue Iii

Chicago-Kent Law Review

No abstract provided.

Bad Witches: A Cut On The Clitoris With The Instruments Of Institutional Power And Politics, Joan R. Tarpley

West Virginia Law Review

No abstract provided.

West Virginia Landlord And Tenant Law: A Proposal For Legislative Reform, Richard L. Costella, Christopher S. Morris

West Virginia Law Review

No abstract provided.

Self V. Queen: Retaining Eighteenth Century Feudalistic Jurisprudence To Determine A Landowner's Duty Of Care, Thomas S. Kleeh

West Virginia Law Review

No abstract provided.

Preserving A Place For The Past In Our Future: A Survey Of Historic Preservation In West Virginia, Megan M. Carpenter

West Virginia Law Review

No abstract provided.

Playing Defense, Robert F. Nagel

William & Mary Bill of Rights Journal

Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment- in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this …

Romer V. Evans And Invidious Intent, Andrew Koppelman

William & Mary Bill of Rights Journal

In this Essay, Professor Koppelman argues that, notwithstanding numerous scholarly claims to the contrary, the Supreme Court's decision in Romer v. Evans was based on the invalidated law's impermissible purpose. Professor Koppelman examines the Court's understanding of the Fourteenth Amendment, and concludes that its current doctrine is designed to ferret out unconstitutional intent. Such impermissible intent, Koppelman argues, was evident in the law challenged in Romer. Nonetheless, Koppelman acknowledges, Romer is a hard case, and its precedential significance is unclear, particularly in light of Bowers v. Hardwick, which upheld the constitutionality of laws against homosexual sodomy. Laws that facially disadvantage …

Tearing Down The House: Weakening The Foundation Of Divorce Mediation Brick By Brick, Colleen N. Kotyk

William & Mary Bill of Rights Journal

Mediation is an attractive alternative to traditional litigation. In the last decade the use of mediation in family law has increased substantially. Mediation is particularly suited to family disputes when the parties voluntarily choose to use the process because it can help the parties resolve disputes and foster long-term relationships. Not all parties, however, are given a choice between mediation and more traditional adversarial justice. Currently, state legislation ranges from permitting mediation to mandating mediation. Mandatory mediation raises the issue of due process violations, especially in situations involving spousal abuse.

This Note analyzes the use of mediation in domestic relations …

High Wall Or Lines Of Separation?, James J. Knicely

William & Mary Bill of Rights Journal

The issue of religion and the role it should play in government has long evoked spirited debate. Recently, an argument has been made that the "separation" between religion and politics has played a large factor in what many consider to be our nation's "moral decay. " Such an argument, however, is not new.

In reviewing Religion and Politics in the Early Republic: Jasper Adams and the Church-State Debate, edited by Daniel L. Dreisbach, James Knicely examines the power of elected government to act benevolently toward religion and the moral values associated with it in light of today's social ills. Religion …

Red Alert! Add-On Games Are Coming!, Adam Eric Jaffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Title Vii And The Federal Arbitration Act, Monica L. Goodman

Tulsa Law Review

No abstract provided.

From The Editors

Tulsa Law Review

No abstract provided.

Evidence, Marc T. Treadwell

Mercer Law Review

The survey period saw a number of cases raising significant evidentiary issues but no startling developments. Two areas in particular should be noted. As suggested in last year's survey, lawyers engaged in civil litigation should continue to be aware of decisions addressing the admissibility of collateral source payments and the remedies available when a party improperly injects the issue of collateral source payments. All trial lawyers, especially those engaged in criminal practice, should take note of the continued evolution of the "necessity" exception to the hearsay rule.

Perhaps the most striking development came not from the appellate courts but rather …

Insurance, Ralph F. Simpson

Mercer Law Review

The volume of cases that reached the appellate courts of Georgia during this survey period was greater than last year. The courts decided slightly over fifty cases this year that dealt with insurance issues. Most of these cases originated from the trial courts on declaratory judgment actions. Indeed, over twenty of the cases reviewed in this Article are declaratory judgment actions. The current trend seems to be for the insurer to file a declaratory judgment action to determine coverage issues while attempting to stay the case on the merits that gave rise to those issues. The reason for this is …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The world of local government is a place of remarkable occurrences:

At the meeting of the governing authority, the chambers were overflowing, passions were palpable, and the media descended in droves. The vote was taken on the re-zoning petition. The council's vote was evenly split. The newly elected Mayor would have to break the tie. He announced to all that he did not know how he should vote. He then proceeded to toss a coin into the air, explaining that if it was "heads," he would vote "yes," and if it was "tails," he would vote "no." As if in …

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell

Mercer Law Review

The most interesting and significant developments in the area of trial practice and procedure during the survey period came not from Georgia's appellate courts but from the Georgia General Assembly. This Article will first analyze the significant legislation that came from beneath the gold dome in 1997. It will then review the most significant appellate cases.

Torts, Deron R. Hicks

Mercer Law Review

No abstract provided.

Class Action Law In Georgia: Emerging Trends In Litigation, Certification, And Settlement, Jeffrey G. Casurella, John R. Bevis

Mercer Law Review

In the litigation world, few words trigger more attention and more debate than the term "class action." At the term's first appearance, the playing field is set. Plaintiffs urge that class actions are a necessary vehicle to litigate paltry and duplicitous claims otherwise inconvenient or uneconomical to prosecute. In response, defendants argue class actions constitute an abuse complicated by individuality and unmanageability. Rarely do the parties agree to the utility of class actions. Notwithstanding this classic disagreement, this type of litigation serves a useful purpose, filling a vacuum left otherwise empty when legislatures fail to legislate and attorneys general fail …

Business Associations, Paul A. Quirós, Lynn Schutte Scott, Lora A. Tarle

Mercer Law Review

This Article surveys recent developments in Georgia law in the areas of corporate, partnership, securities, and banking law. It covers noteworthy cases decided during the survey period by Georgia state and appellate courts, United States district courts located in Georgia, and the Eleventh Circuit Court of Appeals. Also included are legislative enactments by the Georgia General Assembly revising the Official Code of Georgia Annotated ("O.C.G.A.").

Environmental Taxes And The Double-Dividend Hypothesis: Did You Really Expect Something For Nothing, Don Fullerton, Gilbert E. Metcalf

Chicago-Kent Law Review

No abstract provided.

The Morality Of Intimate Faculty-Student Relationships, Nicholas Dixon

Center for the Study of Ethics in Society Papers

Presented September 19, 1996 for the Center for the Study of Ethics in Society

Trademark Surveys: Identifying The Relevant Universe Of Confused Consumers, Shashank Upadhye

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

A New Legislation: Remarks On The Draft Restatement Of Products Liability, Marshall S. Shapo

University of Michigan Journal of Law Reform

This being a law school in a university, I would like to begin my discussion of the present draft not with doctrinal analysis, but rather by attempting to frame the question from a broader set of perspectives. I shall draw on the intricate relations of law with the society it governs and the reflection of those relations in the literature that remains at the heart of great universities.

Design Defects Under The Proposed Section 2(B) Of The Restatement (Third) Of Torts: Products Liability- A Judge's View, William A. Dreier

University of Michigan Journal of Law Reform

The proposed section 2(b) of the Restatement (Third) of Torts: Products Liability has caused a great deal of controversy, and many are concerned that this section represents a radical change in the law. This Article explains that section 2(b) in fact provides a pragmatic, workable tool for judges and attorneys to explain and prove a manufacturer's liability for a defective product. It sheds much of the baggage of the Restatement (Second) of Torts section 402A and its commentaries, yet preserves the essence of the theory behind section 402A. The criticisms of the new language are adequately met in the comments, …

Constructing A Roof Before The Foundation Is Prepared: The Restatement (Third) Of Torts: Products Liability, Section 2(B) Design Defect, Frank J. Vandall

University of Michigan Journal of Law Reform

The Restatement (Third) of Torts: Products Liability section 2(b) is a wish list from manufacturing America. It returns products liability law to something more restrictive than negligence. What is new from the Reporters is that their proposal is written on a clean sheet of paper. Messy and awkward concepts such as precedent, policy, and case accuracy have been brushed aside for the purpose of tort reform. There has been almost no attempt to evaluate strict liability precedent or the policies underlying previous cases and the Restatement (Second) section 402A. Section 2b (the roof) has been drafted with little consideration of …

Warning Defect: Origins, Policies, And Directions, Robert E. Keeton

University of Michigan Journal of Law Reform

On a spectrum from the polar extreme of generality to the opposite pole of specificity, "What should warnings say?" is near the extreme in its degree of generality. A question phrased this way invites a correspondingly generic response. Such a response is not very useful to the trial judge and lawyers who regularly must fashion clear explanations on the law of warning defect for layperson juries. As used here, this question is not intended as a signal inviting just any kind of response that might be acceptable under the mores of casual conversation. It is a more serious request for …

Arriving At Reasonable Alternative Design: The Reporters' Travelogue, James A. Henderson Jr., Aaron D. Twerski

University of Michigan Journal of Law Reform

Substantial commentary and controversy have been generated by the requirement in the new Restatement (Third) of Torts: Products Liability that plaintiffs in most (but not all) cases involving claims of defective product design show that a reasonable alternative design was available and that failure to adopt the alternative rendered the defendant's design not reasonably safe. Henderson and Twerski explain the origins of that requirement in American products liability case law and show that it is not only the majority position but also comports with widely shared views regarding the proper objectives of our liability system. Although consumer expectations cannot serve …

The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis

University of Michigan Journal of Law Reform

The President's constitutional duty to 'take Care that the Laws be faithfully executed" implies that the President is entrusted with the responsibility to defend those laws against court challenges. On occasion, however, Presidents faced with legislation that they deem unconstitutional have declined to defend that legislation against legal challenges. On February 10, 1996, President Clinton declined to defend a provision included in the National Defense Authorization Act for Fiscal Year 1996 that required discharge from the military of all HIV-positive servicemembers because he believed that the provision violated the Equal Protection Clause of the Fourteenth Amendment. This Note explores whether …