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Articles 1 - 30 of 78
Full-Text Articles in Entire DC Network
Public Opinion And The Demise Of Affirmative Action, Stephen A. Plass
Public Opinion And The Demise Of Affirmative Action, Stephen A. Plass
Georgia State University Law Review
No abstract provided.
Restraining U.S. Violations Of International Law: An Attempt To Curtail Stun Belt Use And Manufacture In The United States Under The United Nations Convention Against Torture, Plamen Russev
Georgia State University Law Review
No abstract provided.
Regulating Federal Prosecutors: Why Mcdade Should Be Repealed, Paula J. Casey
Regulating Federal Prosecutors: Why Mcdade Should Be Repealed, Paula J. Casey
Georgia State University Law Review
No abstract provided.
The European Commission's Extraterritorial Jurisdiction Over Corporate Mergers, David J. Feeney
The European Commission's Extraterritorial Jurisdiction Over Corporate Mergers, David J. Feeney
Georgia State University Law Review
This article examines the concept and application of the European Merger Regulation as it applies to mergers, acquisitions, and joint ventures external to the European Union (the Union) and the European Economic Area (EEA). More specifically, the article . traces the development of the Merger Regulation and how its application developed into the legal vehicle for the European Commission (the Commission) to administer its authority over the clearance or prohibition of mergers beyond its territorial frontier. Part I addresses the historical concept of extraterritorial jurisdiction under the Merger Regulation. It considers the European Court of Justice's approach to extraterritorial jurisdiction …
Rush Prudential Hmo V. Moran: Federal Intervention Looms As Supreme Court Rules That Erisa Does Not Preempt State Laws Requiring Independent Review Of Medical Necessity Decisions And Lays Groundwork For Different Independent Review Provisions From All Fifty States, Lindsey G. Churchill
Georgia State University Law Review
No abstract provided.
Unconscionable Lawyers, Paul D. Carrington
Unconscionable Lawyers, Paul D. Carrington
Georgia State University Law Review
No abstract provided.
November 2002 Docket, Georgia State University College Of Law
November 2002 Docket, Georgia State University College Of Law
The Docket
No abstract provided.
2001-2002 Annual Report, Georgia State University College Of Law, Janice C. Griffith
2001-2002 Annual Report, Georgia State University College Of Law, Janice C. Griffith
Annual Reports
No abstract provided.
October 2002 Docket, Georgia State University College Of Law
October 2002 Docket, Georgia State University College Of Law
The Docket
No abstract provided.
2002-2003 Gsulr Masthead, Georgia State University College Of Law
2002-2003 Gsulr Masthead, Georgia State University College Of Law
Law Review Mastheads
No abstract provided.
September 2002 Docket, Georgia State University College Of Law
September 2002 Docket, Georgia State University College Of Law
The Docket
No abstract provided.
Fall 2002 Law Letter, Georgia State University College Of Law
Fall 2002 Law Letter, Georgia State University College Of Law
The Law Letter
No abstract provided.
Motor Vehicles And Traffic Drivers' Licenses: Amend Provisions Relating To Motor Vehicles And Traffic So As To Change Certain Provisions Relating To Applications And Fees For Drivers' Licenses; Change Certain Provisions Relating To License Requirement, Surrender Of Prior Licenses, And Prohibition Of Local Licenses; Change Certain Provisions Relating To Expiration And Renewal Of Licenses And Reexamination Requirement; Provide Effective Date; Repeal Conflicting Law, Brooke N. Silverthorn
Georgia State University Law Review
The Act provides for the renewal of drivers' licenses by means other than personal appearance, such as by mail or electronically.
Crimes And Offenses Forgery And Fraudulent Practices: Create Provisions Prohibiting Certain Air Bag Installation Practices, Buddy Toliver
Crimes And Offenses Forgery And Fraudulent Practices: Create Provisions Prohibiting Certain Air Bag Installation Practices, Buddy Toliver
Georgia State University Law Review
The Act makes the installation or reinstallation of any object in lieu of a vehicle airbag, a high and aggravated misdemeanor.
Crimes And Offenses Offenses Against Public Health And Morals: Prohibit As Gambling Devices Certain Video Poker Games And Devices; Provide That Certificates Or Evidence Of Winning Other Games And Devices Must Be Redeemable On Premises Where Such Game Or Device Is Located; Define Crimes And Penalties; Provide Examples Of Bona Fide Coin Operated Amusement Machines, Cheralynn M. Gregoire
Georgia State University Law Review
The Act bans video gambling in Georgia by providing that video gambling machines are prohibited gambling devices. The Act also provides examples of bona fide coinoperated amusement machines. The Act also limits the types and amount of prizes that may be awarded for the play of bona fide coin operated amusement machines and mandates that such prizes be awarded on the premises where the device is located.
Wills Disinterment And Dna Testing: Providing For Court Orders For Disinterment And Dna Testing In Certain Cases Where The Kinship Of Any Party In Interest To A Decedent Is In Controversy, Gregory Todd Jones
Georgia State University Law Review
The Act attempts to clear up confusion and prevent delay in the settlement of estates that had been caused by the lack of provisions in the civil law for an order to disinter for the purposes of DNA testing. The Act explicitly grants this power to Georgia's superior courts upon motion for good cause supported by specifically enumerated affidavits. Additionally, the Act provides for the dissemination of reports of findings resulting from the DNA testing and provides that the costs of testing and the provision of reports shall be borne by the moving party.
Insurance Kinds Of Insurance; Limits Of Risks: Mandate Limited Waiver Of Sovereign Immunity For Local Governments For Losses Caused By Negligent Use Of A Motor Vehicle; Allow Continued Immunity For Liabilities In Excess Of Statutory Thresholds; Require Waiver Of Immunity For Amounts Insured By Local Governments Beyond Statutory Thresholds, David Walker
Georgia State University Law Review
The Act limits the sovereign immunity of local governments for injuries arising from the negligent use of a motor vehicle. The Act provides that, for accidents occurring between January I, 2005 and December 31 2006, the waiver will be $100,000 per accident for claims involving personal injury or death to anyone person, with an aggregate waiver of $300,000 per accident for claims made by two or more people. The Act also waives immunity up to $50,000 per occurrence for injuries or destruction of property occurring after January 1, 2005. The Act provides a schedule for increasing waiver amounts to $250,000/$450,000 …
Domestic Relations Safe Place For Newborns: Provide For Voluntary Relinquishment Of A Newborn Under Certain Circumstances; Provide That A Mother Who Leaves A Newborn Child In The Custody Of A Medical Facility Shall Not Be Prosecuted; Provide For Duties Of Medical Facilities Accepting A Newborn Child And The Department Of Human Resources; Repeal Conflicting Laws, Jay Bressler
Georgia State University Law Review
The Act prohibits the prosecution of a mother who leaves a newborn child in the custody of a medical facility under specified circumstances. The Act also mandates that the newborn be no older than one week and that the mother give the medical facility proof of her identity and address, if available. The Act further provides that medical facilities will be reimbursed for certain costs as a result of taking custody of newborns and also provides for civil and criminal immunity for these medical facilities and their employees.
Conservation And Natural Resources; Waste Management To Reauthorize The Hazardous Sites Remediation Act Fund And Raise Fees On Solid Waste Disposal; To Authorize The Department Of Human Resources To Regulate Land Disposal Sites For Septic Waste; To Change The Criteria For Property Qualifying For A Limitation Of Liability To Site Contamination; To Provide For Liability For Clean-Up Actions Notwithstanding That The Identity Of The Responsible Person Is Unknown Prior To The Commencement Of An Emergency Clean-Up Action; To Limit The Liability Of New Purchasers Of Brownfields For The Remediation Subsurface Water, Laurel A. David
Georgia State University Law Review
The Act amends the Hazardous Sites Remediation Act Fund and raises the fees for waste disposal from 50 cents per ton to 65 cents per ton in 2003 and again to 75 cents per ton in 2008 until 2013. The Act authorizes the Department of Human Resources to regulate land disposal sites for septic waste. The Act permits federal agencies such as the Department of Defense to pay solid waste and hazardous substance reporting fees. Additionally, the Act includes a .provision returning fifty percent of the solid waste handling fees to local governments to be used for the cleanup of …
Labor And Industrial Relations Change Provisions Relating To The Base Period; Change The Provisions Relating To Deductible Earnings; Change Provisions Relating To Benefit Experience And Variations From The Standard Rate Of Employer Contributions During Certain Periods; Change The Provisions Relating To State-Wide Reserve Ratio And Reductions In Tax Rate; Change Certain Time Periods; Change The Provisions Relating To Determination Of The Weekly Benefit Amount And Weekly Allowable Earning, Lawrence Dietrich
Georgia State University Law Review
The Act, called the Employment Security and Enhancement Act of 2002, amends unemployment coverage for workers by creating an alternative base period to qualify more people by including their most recent quarter of earnings for eligibility determination. The Act increases deductible earnings from thirty dollars each week to fifty dollars each week for claims filed after July 1, 2002. The Act also changes the provisions relating to benefit experience and variations from the standard rate of employer contributions and to the State-wide Reserve Ratio and reductions in tax rate. The Act also increases the maximum weekly benefit amount from $284.00 …
Banking And Finance Credit Or Loan Discrimination; Define And Prohibit Abusive Home Loan Practices; Provide For Prohibited Practices And Limitations For Covered Home Loans And High-Cost Home Loans Create Consumer Protections For Covered Home Loans And High-Cost Home Loans; Provide For Penalties And Enforcement; Provide Exceptions For Unintended Violations; Provide For Severability, Leetra Harris, Brian Nichols
Georgia State University Law Review
The Act defines and prohibits abusive home loan practices, commonly termed predatory lending. It prohibits certain practices and limits others on covered home loans and high-cost home loans. It creates consumer protections regarding these loans and provides for penalties and enforcement while creating exceptions for unintended violations.
Insurance Insurance Generally: Prohibit Discriminatory Practices; Require Notification Of Cancellation, Nonrenewal, Or Other Termination Of Insurance To Certain Persons; Provide Standards And Procedures For Verification Of Benefits And Precertifications Relating To Managed Health Benefit Plans; Provide For Liability And Personnel; Include Certain Practices Among Unfair Insurance Practices; Provide For Remedies For Violations, Cheralynn M. Gregoire
Georgia State University Law Review
The Act, titled the Consumers Health Insurance Protection Act, provides that insurers must follow certain procedures when precertifying or verifying enrollee benefits. The Act requires insurers to provide continuity of care to certain individuals in the event they, or a physician, cancels a physician's contract. The Act also makes discrimination based on color, race, religion, and ethnic or national origin in the insurance industry generally an unfair practice. The Act requires insurers to notify enrollees of plan termination, cancellation, or nonrenewal, and of any resulting conversion or continuation rights.
Revenue And Taxation Sales And Use Taxes: Exempt Sales Taxes On Certain Clothing, School Supplies, And Computers, Michael Brown
Revenue And Taxation Sales And Use Taxes: Exempt Sales Taxes On Certain Clothing, School Supplies, And Computers, Michael Brown
Georgia State University Law Review
The Act, known as Shop Georgia, exempts from state and local sales tax certain school supplies, clothing, footwear, computers, and computer related accessories over two different weekend periods. The sales tax exemption applies to clothing and footwear with a sales price of $100 or less per article, but does not apply to accessories such as jewelry, handbags, umbrellas, eyewear, watches, and watchbands. Additionally, the Act excludes items intended primarily for use as athletic or sporting gear. The sales tax exemption applies to the purchase of a personal computer for home use with a purchase price of at least $1500. This …
Waters Of The State, Ports, And Watercraft River And Harbor Development: Recognize Need To Replace Dredged Channel Sand On Adjacent Coastal Beaches; Complete Displacement With Cooperation Of Local Governing Authority And Department Of Natural Resources; Protect Coastal Marshlands And Sea Turtle Habitats; Require Alternative Near Shore Replacement Of Sand, Mark D. Meliski
Georgia State University Law Review
The Act, entitled the Coastal Georgia Beach Preservation and Maintenance Act, provides for the regulation by the Department of Natural Resources of the disposition of beach quality sand and other sediment originating from the dredging of navigation channels within tidal inlets and harbor and river maintenance.
Insurance Insurance Generally: Provide Coverage For Medically Necessary Equipment And Supplies For Individuals With Diabetes, Michael J. Brown
Insurance Insurance Generally: Provide Coverage For Medically Necessary Equipment And Supplies For Individuals With Diabetes, Michael J. Brown
Georgia State University Law Review
The Act creates a provision requiring every major medical and group health insurance policy, group health insurance plan or policy, and any other form of managed or capitated care plans or policies to provide coverage for medically necessary equipment and supplies for individuals with various types of diabetes who adhere to a doctor-prescribed treatment regimen. The Act further requires the office of the Commissioner of Insurance to promulgate rules and regulations relating to standards of diabetes care to become effective July 1, 2002.
Criminal Procedure Limitations On Prosecution: Enable Prosecution For Serious Violent Felonies To Be Commenced At Any Time Under Certain Circumstances; Provide For An Increase In The Statute Of Limitations For Aggravated Sodomy; Provide For Increase In Age Limitation On Prosecutions Of Certain Crimes Involving Children Who Are Victims Be Increased To Age Eighteen, John Hamrick
Georgia State University Law Review
The Act provides that prosecution for serious violent offenses may be commenced at any time under certain circumstances. The Act removes the statute of limitation for the prosecution of Armed Robbery, Kidnapping, Rape, Aggravated Child Molestation, Aggravated Sodomy, and Aggravated Sexual Battery when DNA evidence is available to determine the identity of the accused and a sufficient portion of such DNA evidence is available for the accused to test. The Act also provides that the age limitation on prosecutions of certain crimes involving children who are victims be increased to age eighteen.
Commerce And Trade Viatical Investments: Regulate Viatical Investments By Changing Provisions Relating To Securities Exempt From Registration And To Change Certain Provisions Relating To Unlawful Practices, Nicole M. Segneri
Georgia State University Law Review
The Act subjects viatical transactions to governance by the securities office of the Secretary of State. The Act clarifies that the securities office has the legal authority to deal with issues arising under viatical instrument transactions.
Criminal Procedure Victim Compensation: Change Certain Provisions Relating To Victim Compensation Awards, Maximum Amounts Allowed, Types Of Awards Authorized, And Effective Date Of Awards; Increase The Fee Charged To Probationers, Paige P. Freeman
Georgia State University Law Review
The Act expands coverage of the Georgia Crime Victims Compensation Program to include the crimes of hit and run, vehicular homicide, and serious injury by vehicle. The Act increases the maximum aggregate award available to victims from $10,000 to $25,000. Further, the Act creates a new category, crime scene sanitization, for which victim compensation is available. Finally, the Act increases probationers' fees from $3.00 per month to $9.00 per month.
Education Public Interest Lawyers' Fund: Establish And Administer An Education Loan Forgiveness Program For Public Interest Attorneys; Establish A Non-Profit Corporation; Provide An Additional Purpose; Provide For Related Matters, Paige P. Freeman
Georgia State University Law Review
The Act authorizes the Georgia Student Finance Authority to create a Loan Forgiveness Program to assist attorneys working in public interest areas of law to pay their student loans. Attorneys are eligible for the program if they work as an assistant district attorney, an assistant solicitor-general, an assistant solicitor, a civil legal aid attorney, a public defender, an Office of Legislative Counsel attorney, or a State Law Department attorney. The Act allows for loan repayment assistance for both undergraduate and juris doctorate degrees beginning in the seventh month after an attorney begins working in one of the eligible positions. The …
Crimes And Offenses Controlled Substances: Provide For The Distribution Of Forfeited Real Property; Authorize The Acquisition Of Forfeited Real Property By Land Bank Authorities, Lindsey G. Churchill
Crimes And Offenses Controlled Substances: Provide For The Distribution Of Forfeited Real Property; Authorize The Acquisition Of Forfeited Real Property By Land Bank Authorities, Lindsey G. Churchill
Georgia State University Law Review
The Act amends the Georgia Code by allowing courts to provide for the distribution of forfeited real property. The Act provides that forfeited real property be turned over to the state and allows courts to sell the property and distribute the proceeds or to hold the property for use by law enforcement agencies. The Act amends the Georgia Code to permit land bank authorities to accept forfeited real property.