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The European Commission's Extraterritorial Jurisdiction Over Corporate Mergers, David J. Feeney Dec 2002

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 Dec 2002

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 Dec 2002

Unconscionable Lawyers, Paul D. Carrington

Georgia State University Law Review

No abstract provided.


Regulating Federal Prosecutors: Why Mcdade Should Be Repealed, Paula J. Casey Dec 2002

Regulating Federal Prosecutors: Why Mcdade Should Be Repealed, Paula J. Casey

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 Dec 2002

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.


Public Opinion And The Demise Of Affirmative Action, Stephen A. Plass Dec 2002

Public Opinion And The Demise Of Affirmative Action, Stephen A. Plass

Georgia State University Law Review

No abstract provided.


November 2002 Docket, Georgia State University College Of Law Nov 2002

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 Oct 2002

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 Oct 2002

October 2002 Docket, Georgia State University College Of Law

The Docket

No abstract provided.


September 2002 Docket, Georgia State University College Of Law Sep 2002

September 2002 Docket, Georgia State University College Of Law

The Docket

No abstract provided.


Fall 2002 Law Letter, Georgia State University College Of Law Sep 2002

Fall 2002 Law Letter, Georgia State University College Of Law

The Law Letter

No abstract provided.


Courts Proceedings, Incompetency And Dependency: Authorize The Photographing Of Children Who Have Absconded And Subsequently Returned To The Custody Of The Department Of Juvenile Justice, Barbara S. Murphy Sep 2002

Courts Proceedings, Incompetency And Dependency: Authorize The Photographing Of Children Who Have Absconded And Subsequently Returned To The Custody Of The Department Of Juvenile Justice, Barbara S. Murphy

Georgia State University Law Review

The Act authorizes the photographing of every child who has absconded and subsequently returned to the custody of the Department of Juvenile Justice.


Elections Elections And Primaries Generally; Provide For Composition Of The Thirteen Congressional Districts; Provide For Continuation Of Present Districts Until A Certain Time; Provide When Members Will Take Office; Redesignate Certain Provisions; Define Certain Election Terms; Make Certain Provisions Relative To Certain Boards And Bodies; Change A Cross-Reference, Brian Nichols Sep 2002

Elections Elections And Primaries Generally; Provide For Composition Of The Thirteen Congressional Districts; Provide For Continuation Of Present Districts Until A Certain Time; Provide When Members Will Take Office; Redesignate Certain Provisions; Define Certain Election Terms; Make Certain Provisions Relative To Certain Boards And Bodies; Change A Cross-Reference, Brian Nichols

Georgia State University Law Review

The Act provides for the composition of Georgia's thirteen congressional districts. It also defines the terms tract and BG (Block Group) consistent with the 2000 Census. Further, the Act provides that any part of the State of Georgia that is not assigned to a congressional district, or any part of Georgia assigned to a congressional district to which it is not contiguous, shall be assigned to the least populous and congruous congressional district. Finally, current members of the United States House of Representatives shall retain their office until January 2003, when the first members elected pursuant to this Act shall …


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 Sep 2002

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 Sep 2002

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.


Public Utilities And Public Transportation Distribution, Storage, And Sale Of Gas: Allow 90 Days For Commission Orders After A Hearing Regarding Electric Fuel Cost Recovery Or Adoption Or Amendment Of Natural Gas Capacity Supply Plans; Authorize The Public Service Commission To Seek An Injunction Against The Violation Of Any Law Administered By The Commission; Change Accounting Procedures For Gas Utility Rate Proceedings; Clarify The Authority Of The Commission To Initiate Proceedings To Detennine Certain Rates; Provide A Bill Of Rights For Consumers; Provide For A Continuing Requirement Of Financial And Technical Ability For Marketers; Prohibit Certain Methods Relating To Billing And Reading Meters; Provide That Emc Gas Affiliates Are Eligible To Receive Certificates Of Authority As Marketers; Provide For Terms And Conditions Governing The Relationship Between An Electric Membership Corporation And Its Emc Gas Affiliate; Provide For A Reasonable Method Of Rate Design; Provide That A Fee For Distribution Services Shall Not Be Required For Certain Billing Periods; Change A Provision Relating To An Electing Distribution Company's Revenues From Interruptible Distribution Service And Authorize A Surcharge On Certain Customers Receiving Interruptible Service; Require A Hearing Relating To Assignment Of Interstate Capacity Assets; Set Out Minimum Requirements For Assignment Of Interstate Capacity Assets And Provide For Authorizing Utilization Of Excess Interstate Capacity Assets By An Electing Distribution Company; Authorize The Commission To Allocate The Cost Of Lost And Unaccounted For Gas; Clarify And Change Provisions Relating To Changing Marketers; Change A Provision Relating To The Amount Of Deposits Charged To Natural Gas Consumers; Require An Electing Distribution Company To Cooperate With Certificated Marketers And The Regulated Provider; Provide For Service Quality Standards For Electing Distribution Companies, Commission Review Of Performance With Regard To Such Standards, And Penalties; Set Rules Governing Marketers' Terms Of Service, Disclosure By Marketers, The Contents Of Consumer Bills, And Review For Compliance With Such Rules; Create Remedies For Consumers Detained To Be Victims Of Slamming; Prohibit Estimated Bills, Unreasonable Late Fees, And Retroactive Rate Increases; Set Minimum Standards For Terms And Conditions For Certain Nonresidential Customers And Small Businesses; Assist Low Income Residential Consumers With Voluntary Contributions; Create The Natural Gas Consumer Education Advisory Board And Provide For The Duty, Members, Officers, Appointment Of Members, And Expenses Of Members Of Such Board; Provide For The Terms, Conditions, Rates, And Customers For Regulated Gas Services; Allow Reimbursements From The Universal Service Fund In Certain Circumstances, Buddy Toliver, Jodie White Sep 2002

Public Utilities And Public Transportation Distribution, Storage, And Sale Of Gas: Allow 90 Days For Commission Orders After A Hearing Regarding Electric Fuel Cost Recovery Or Adoption Or Amendment Of Natural Gas Capacity Supply Plans; Authorize The Public Service Commission To Seek An Injunction Against The Violation Of Any Law Administered By The Commission; Change Accounting Procedures For Gas Utility Rate Proceedings; Clarify The Authority Of The Commission To Initiate Proceedings To Detennine Certain Rates; Provide A Bill Of Rights For Consumers; Provide For A Continuing Requirement Of Financial And Technical Ability For Marketers; Prohibit Certain Methods Relating To Billing And Reading Meters; Provide That Emc Gas Affiliates Are Eligible To Receive Certificates Of Authority As Marketers; Provide For Terms And Conditions Governing The Relationship Between An Electric Membership Corporation And Its Emc Gas Affiliate; Provide For A Reasonable Method Of Rate Design; Provide That A Fee For Distribution Services Shall Not Be Required For Certain Billing Periods; Change A Provision Relating To An Electing Distribution Company's Revenues From Interruptible Distribution Service And Authorize A Surcharge On Certain Customers Receiving Interruptible Service; Require A Hearing Relating To Assignment Of Interstate Capacity Assets; Set Out Minimum Requirements For Assignment Of Interstate Capacity Assets And Provide For Authorizing Utilization Of Excess Interstate Capacity Assets By An Electing Distribution Company; Authorize The Commission To Allocate The Cost Of Lost And Unaccounted For Gas; Clarify And Change Provisions Relating To Changing Marketers; Change A Provision Relating To The Amount Of Deposits Charged To Natural Gas Consumers; Require An Electing Distribution Company To Cooperate With Certificated Marketers And The Regulated Provider; Provide For Service Quality Standards For Electing Distribution Companies, Commission Review Of Performance With Regard To Such Standards, And Penalties; Set Rules Governing Marketers' Terms Of Service, Disclosure By Marketers, The Contents Of Consumer Bills, And Review For Compliance With Such Rules; Create Remedies For Consumers Detained To Be Victims Of Slamming; Prohibit Estimated Bills, Unreasonable Late Fees, And Retroactive Rate Increases; Set Minimum Standards For Terms And Conditions For Certain Nonresidential Customers And Small Businesses; Assist Low Income Residential Consumers With Voluntary Contributions; Create The Natural Gas Consumer Education Advisory Board And Provide For The Duty, Members, Officers, Appointment Of Members, And Expenses Of Members Of Such Board; Provide For The Terms, Conditions, Rates, And Customers For Regulated Gas Services; Allow Reimbursements From The Universal Service Fund In Certain Circumstances, Buddy Toliver, Jodie White

Georgia State University Law Review

The Act increases the time period for the Public Service Commission (PSC) to issue orders regarding electric fuel cost recovery or natural gas capacity plans, authorizes the Commission to seek an injunction, clarifies the Commission's authority to initiate certain rate proceedings, and changes accounting procedures for gas utility rate proceedings. The Act also provides for a Consumers' Bill of Rights. The Act changes certain provisions relating to billing, reading meters, deposits, and changing marketers. The Act also prohibits charging distribution fees when a consumer's gas service is turned off. The Act provides remedies for slamming and prohibits estimated bills, unreasonable …


Penal Institutions Pardons And Paroles: Provide For Enactment Of The Interstate Compact For Adult Offender Supervision; Provide For Implementation Of Such Compact; Create The Georgia State Council For Interstate Adult Offender Supervision; Provide For A Compact Administrator, David Walker Sep 2002

Penal Institutions Pardons And Paroles: Provide For Enactment Of The Interstate Compact For Adult Offender Supervision; Provide For Implementation Of Such Compact; Create The Georgia State Council For Interstate Adult Offender Supervision; Provide For A Compact Administrator, David Walker

Georgia State University Law Review

The Act makes Georgia a participant in The Interstate Compact for Adult Offender Supervision and a member of the Interstate Commission for Adult Offender Supervision. The Act provides for the creation of a State Council for Adult Offender Supervision to oversee Georgia's participation in the Commission. The Act empowers the Commission to promulgate rules which will have the force and effect of statutory law in Georgia. The Act further authorizes the Commission to enforce the provisions of the Compact and the rules promulgated thereunder by lawsuit, fines, and other means. The Act provides for indemnification, immunity, and legal representation for …


Domestic Relations Family Violence Intervention; Offender Rehabilitation; Dhr Program Certification; Parole Conditions, Jacqueline Knapp Sep 2002

Domestic Relations Family Violence Intervention; Offender Rehabilitation; Dhr Program Certification; Parole Conditions, Jacqueline Knapp

Georgia State University Law Review

The Act requires the perpetrator of family violence to undergo a certified family violence intervention program. These programs are charged a fee to be considered by the Department of Corrections for certification under the Act. Once approved, these programs may not solicit business and must agree in writing to satisfy the Act's requirements. The Department of Corrections retains the authority to deny, suspend, or revoke a certificate for any program not complying with the Act's requirements. The Act creates the State Commission on Family Violence to develop a comprehensive plan to end family violence.


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 Sep 2002

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.


Crimes And Offenses Relating To Forfeiture Of Certain Contraband Property; Change Provisions Relating To Exemptions; Change Certain Provisions Relating To Forfeiture Of Certain Contraband Property Relative To Controlled Substances; To Provide For Specific Repeal Of Certain Related Provisions, Jodie White Sep 2002

Crimes And Offenses Relating To Forfeiture Of Certain Contraband Property; Change Provisions Relating To Exemptions; Change Certain Provisions Relating To Forfeiture Of Certain Contraband Property Relative To Controlled Substances; To Provide For Specific Repeal Of Certain Related Provisions, Jodie White

Georgia State University Law Review

The Act provides for the forfeiture of certain contraband property and changing provisions relating to exemptions to the forfeiture provisions, and to change provisions relating to forfeiture of certain contraband property relative to controlled substances, and to provide for the repeal of certain related provisions.


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 Sep 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.


Retirement And Pensions Teachers Retirement System Of Georgia: Permit Retired Teachers To Return To Service And Maintain Benefits; Define Terms Relating To Retirement; Provide Conditions Upon Which A School System May Employ A Retired Teacher, Lindsey G. Churchill Sep 2002

Retirement And Pensions Teachers Retirement System Of Georgia: Permit Retired Teachers To Return To Service And Maintain Benefits; Define Terms Relating To Retirement; Provide Conditions Upon Which A School System May Employ A Retired Teacher, Lindsey G. Churchill

Georgia State University Law Review

The Act allows retired teachers to return to teaching full-time while also drawing their retirement benefits. Specifically, the Act permits school systems to hire teachers who retired on or before December 31, 2001 to fill full-time vacancies. Additionally, the Act mandates that retired teachers return only to low-performing schools.


Courts Demand Of Jury Panels From Which To Select Jury In Civil Actions In The State Courts And The Superior Courts: Raise The Minimum Damages Claim Amount Whereby Parties May Demand A Jury Of Twelve, Mark D. Meliski Sep 2002

Courts Demand Of Jury Panels From Which To Select Jury In Civil Actions In The State Courts And The Superior Courts: Raise The Minimum Damages Claim Amount Whereby Parties May Demand A Jury Of Twelve, Mark D. Meliski

Georgia State University Law Review

The Act increases the minimum claim for damages to twenty-five thousand dollars in order to have a jury of twelve members in civil actions in state court.


Revenue And Taxation Sales And Use Taxes: Exempt Sales Taxes On Certain Clothing, School Supplies, And Computers, Michael Brown Sep 2002

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 …


Insurance Insurance Generally: Provide Coverage For Medically Necessary Equipment And Supplies For Individuals With Diabetes, Michael J. Brown Sep 2002

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.


Health General Provisions: Breast-Feeding Of Babies In Public Places, Natalee Drummond Sep 2002

Health General Provisions: Breast-Feeding Of Babies In Public Places, Natalee Drummond

Georgia State University Law Review

This Act strikes the requirement for mothers to be discreet and modest while breast-feeding in public. Mothers may now breast-feed their babies in any location where the mother and baby are authorized to be, without regard to the vague and undefined moderate and discreet standard.


Health Dead Bodies: Enable Regulation Relating To Identification, Handling, And Disposition Of Dead Bodies; Create The Offense Of Abandonment Of A Dead Body, Tara Kinney, John Hamrick Sep 2002

Health Dead Bodies: Enable Regulation Relating To Identification, Handling, And Disposition Of Dead Bodies; Create The Offense Of Abandonment Of A Dead Body, Tara Kinney, John Hamrick

Georgia State University Law Review

The Act serves to regulate certain practices relating to identification, handling, and disposition of dead bodies. This Act further prohibits and punishes the throwing away or abandonment of dead bodies and provides for exceptions. The Act also provides for the retention of health records by providers for at least ten years.


Highways, Bridges, And Ferries Regulation Of Maintenance And Use Of Public Roads Generally: Change Duty And Processes Of Maintaining Railroad Grade Crossings, Tara Kinney Sep 2002

Highways, Bridges, And Ferries Regulation Of Maintenance And Use Of Public Roads Generally: Change Duty And Processes Of Maintaining Railroad Grade Crossings, Tara Kinney

Georgia State University Law Review

The Act allows local government authorities to eliminate grade crossings in the interest of public safety and to order railroad authorities to comply with maintenance requirements. It also provides penalties for railroads that do not comply. A railroad that does not comply with the order of the local authority after the Department of Transportation has reviewed and approved the order faces a fine of $500 per day for each day it does not comply.


The Challenge Of Creating 'A World Fit For Children', Jonathan Todres Sep 2002

The Challenge Of Creating 'A World Fit For Children', Jonathan Todres

Faculty Publications By Year

No abstract provided.


2002-2003 Gsulr Masthead, Georgia State University College Of Law Sep 2002

2002-2003 Gsulr Masthead, Georgia State University College Of Law

Law Review Mastheads

No abstract provided.