Law Commons^™

Reducing Harm: The Legal Viability Of Supervised Consumption Sites In Georgia, Kathleen Kassa

Georgia State University Law Review

Every five minutes in the United States, someone dies from a drug overdose. This public health crisis, referred to as the opioid epidemic, caused the federal government and many states and localities to issue public health emergency declarations. Despite billions of dollars in funding and response at every level of government, overdoses continue to increase.

The complexity of addiction prevention and treatment, socioeconomic inequalities, and the stigmatization of drug use make the opioid crisis difficult to solve. The severity of the epidemic led many jurisdictions to adopt once-controversial harm reduction approaches aimed at reducing the stigma and negative impacts of …

Misrepresentations In Labor Trafficking: State Laws As An Alternative Theory Of Liability For Recruiters, Hannah Garvin

Georgia State University Law Review

When addressing labor trafficking of migrants, the focus is typically on prosecuting the traffickers directly involved in obtaining a victim’s labor, but traffickers cannot exploit labor without victims. Research has shown that recruiters, both those intending to provide labor traffickers with victims and those who have no knowledge of the subsequent exploitation perpetrated by the supposed employer, often misrepresent job opportunities to migrants. Both types of recruiters profit off of the exploitation of migrants and ultimately continue to propagate labor trafficking. To effectively deter trafficker-recruiters and ensure independent recruiters are acting ethically, an all-encompassing method of accountability needs to be …

Shooting In The Park: Distinguishing Public From Private Property Under Georgia’S Firearms Carrying Laws, Mackenzie Miller

Law Review Blog Posts

Georgia’s recent expansion of concealed carry creates safety problems for public events within the state’s parks. Exploring Georgia’s gun laws, this Article examines possible loopholes and addresses growing concerns.

Sb 62 - Local Ordinances And Public Camping, Dana K. Ford, Hannah Garvin

Georgia State University Law Review

The Act prohibits cities and counties from adopting written policies blocking the enforcement of existing bans on unauthorized public camping, generally prevents hospitals and local law enforcement from dropping off homeless individuals outside their areas of operation, and requires a performance audit of public spending on homelessness.

Sb 93 - Government Devices, Social Media Platforms, And Foreign Adversaries, Kelsey V. O'Neill, Rachel Gadra Rankin

Georgia State University Law Review

The Act prevents state employees from using state devices or equipment to install, use, or visit social media platforms owned, operated, or influenced by foreign adversaries.

Hb 374 - The Leaf Act And Municipal Deannexation, Mackenzie Miller, Alexandra Joy Veltri

Georgia State University Law Review

The Act prohibits counties or municipalities from banning or regulating the use of gasoline powered lawn care equipment; prevents the regulation of installing household appliances based on their source of fuel; provides for the deannexation of property; and amends provisions regarding the authority and procedures for municipal deannexation.

Hb 1405: Amendments To The Zoning Procedures Law, Audra Murphey, Kristy Nguyen

Georgia State University Law Review

The Act amends the zoning procedures law to clarify the process for challenging and appealing certain land use decisions. The Act codifies the long-standing appeals process for zoning decisions that existed prior to 2017 such that legislative zoning challenges will be reviewed de novo by a superior court. Additionally, the Act designates which local government employees receive notice of such zoning appeals.

Torts: Covid-19 Pandemic Business Safety Act & Executive Order By The Governor Designating Auxiliary Management Workers And Emergency Management Activities, Angelena Velaj, Troy Viger

Georgia State University Law Review

The Executive Order expanded immunity from liability for volunteer health care workers as emergency management workers performing emergency management activities. The Order was not limited to only COVID-19-related activities. When the legislature reconvened, legislators passed the Georgia COVID-19 Pandemic Business Safety Act, which provided liability limitation to businesses against tort claims arising from the pandemic.

Criminal Procedure: Sentence And Punishment, Allison Kretovic, Insoo Lee

Georgia State University Law Review

The Act repeals certain provisions regarding the sentencing of defendants for crimes involving bias or prejudice and provides both criteria for punishment for those crimes and required reporting of those crimes.

Statewide Judicial Emergency: Judicial Order By The Supreme Court Of Georgia Declaring A Statewide Judicial Emergency, Stephanie J. Remy, Brittiny K. Slicker

Georgia State University Law Review

The Supreme Court of Georgia issued an Order declaring a Statewide Judicial Emergency to reduce the transmission of COVID-19 throughout the State of Georgia. The courts remained open to address essential functions, as defined within the Order. Additionally, all deadlines and other filing requirements were extended or tolled. Throughout the counties in Georgia, different courts released Orders outlining how they would follow the Judicial Emergency Order from the Supreme Court of Georgia. The Judicial Emergency Order had been extended four times as of August 1, 2020.

Shelter In Place: Executive Order By The Governor To Ensure A Safe & Healthy Georgia, Preston A. Dunaway, Graham H. Gordon

Georgia State University Law Review

The Order required all visitors and residents of Georgia to practice social distancing in compliance with the Centers for Disease Control and Prevention guidelines; prohibited businesses in Georgia from allowing groups of more than ten people to gather at any single location; imposed a mandatory shelter-in-place requirement for all visitors and residents of Georgia except for essential workers, as defined within the Order; and laid out guidelines for how businesses would operate during the quarantine. Further, the Order limited restaurant services and closed certain businesses, including gyms and bowling alleys. The Order also superseded all local Orders purporting to regulate …

Preemption: Executive Order By The Governor To Ensure A Safe & Healthy Georgia, Marisa P. Ahlzadeh, Fanny Chac

Georgia State University Law Review

The doctrine of preemption expresses the idea that “a higher authority of law will displace a lower authority of law when the two authorities come into conflict.” Preemption exists on both the federal and state level. According to the Georgia Constitution, local laws are permissible if they do not conflict with the state law on the subject. During a Public Health State of Emergency, the Governor of Georgia maintains certain expanded powers to take necessary action for the health and safety of the public. On April 2, 2020, Governor Brian Kemp (R) used these expanded powers to enact an Executive …

Health Insurance Portability And Accountability Act Of 1996: Health & Public Welfare, Erin L. Hayes, Kathryn A. Vance

Georgia State University Law Review

The Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”) establish a standard for the use and protection of individuals’ health information and apply to certain covered entities or their business associates. Covered entities may only disclose an individual’s protected health information in limited situations. Covered entities or individuals that fail to comply with the Privacy Rule standards may be subject to civil or criminal penalties.

Bioethics: Ethical Considerations Of Ventilator Triage During A Pandemic, Susannah J. Gleason, William J. Keegan

Georgia State University Law Review

In the midst of the COVID-19 pandemic, hospitals across the country faced unprecedented volumes of patients seeking treatment related to the respiratory complications of the virus. As a result, states were forced to reassess existing scarce resource allocation guidelines to appropriately accommodate the high demand. This Peach Sheet analyzes the ethical considerations implicated in enacting and following these guidelines when treating patients, specifically in the context of ventilator triage in response to the COVID-19 pandemic.

First Amendment: Executive Order By The Governor Limiting Large Gatherings Statewide, Alex N. Estroff, Boris W. Gautier

Georgia State University Law Review

Beginning in March 2020, Georgia Governor Brian Kemp (R) issued a series of Executive Orders addressing the State’s response to the COVID-19 pandemic. Included in these Orders was a prohibition on large groups of people gathering in a single location. Though an effective means of curtailing the virus’s rapid transmission, this specific provision became a source of controversy for groups who believed such a prohibition infringed upon their First Amendment rights.

Public Health State Of Emergency: Executive Order By The Governor Declaring A Public Health State Of Emergency, Rebecca Hu, Ellen Y. Min

Georgia State University Law Review

The Executive Order primarily functions to enumerate the Governor’s emergency powers during a Public Health State of Emergency. The Executive Order allows for the Governor to assist health and emergency management officials by deploying available resources for the mitigation and treatment of COVID-19 within Georgia.

Forced Business Closures: Executive Orders By The Governor Closing Private Businesses, Baylee A. Culverhouse, Alexa R. Martin

Georgia State University Law Review

Governor Brian Kemp (R) issued Executive Orders in response to the COVID-19 pandemic that required businesses to close in an effort to limit the spread of the virus. Business owners often challenged those forced business closures as unconstitutional or as exceeding the State’s police power, and those challenges were met with varying degrees of success.

Crimes And Offenses: Proposed Constitutional Carry Act Of 2019 & Executive Order By The Governor Temporarily Extending Renewal Requirements For Weapons Carry Licenses, Kristin Harripaul, Briana A. James

Georgia State University Law Review

In March 2020, Governor Brian Kemp (R) issued an Executive Order declaring a Public Health State of Emergency due to COVID-19. The Supreme Court of Georgia also issued a Judicial Order declaring a Statewide Judicial Emergency. The Council of Probate Court Judges subsequently characterized the processing of weapons carry licenses as non-essential and temporarily suspended license issuances to limit the spread of COVID-19. HB 2 would have eliminated the license requirement and the need for probate judges to process applications. However, HB 2 never received a hearing before the 2019–20 legislative session ended. Gun rights advocates called on Governor Kemp …

Elections: Elections And Primaries Through The Pandemic, Joseph M. Brickman, Logan D. Kirkes

Georgia State University Law Review

The 2020 election cycle was all but normal. Due to certain health concerns associated with the COVID-19 pandemic, Georgia delayed its primary election three months from March to June and summarily mailed absentee ballot request forms to all active, registered voters. From presidential social media postings to a federal lawsuit, debate ensued over the widespread usage of absentee ballots, their overall effectiveness and security, who would receive request forms, and whether postage requirements qualified as an impermissible poll tax. To further compound these uncertainties, Georgia legislators, who are not permitted to fundraise or campaign during the forty-day legislative session, had …

Mandatory Quarantine: Administrative Order By The Georgia Department Of Public Health For Public Health Control Measures: Isolation Protocol, Matthew C. Daigle, Carissa L. Lavin

Georgia State University Law Review

The Administrative Order for Public Health Control Measures and its subsequent amendments outlined the Isolation and Quarantine Protocols for individuals who either tested positive for COVID-19 or were suspected of COVID-19 infection based on symptoms or prolonged exposure to the virus.

2020 Bar Examination: Judicial Order By The Supreme Court Of Georgia Providing For Provisional Admission To The Practice Of Law, Jessica M. Luegering, Gabby Wimley

Georgia State University Law Review

The Supreme Court of Georgia issued the Judicial Order to postpone administration of the July 2020 Georgia bar examination to September 2020. The Order provided for the provisional admission to the practice of law of recent law school graduates and lawyers new to Georgia—those most affected by the postponement.

Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo

Georgia State University Law Review

This Act extends the time that law enforcement agencies are required to preserve certain evidence of sexual assault. Physical evidence of a reported sexual assault will be preserved for fifty years, and if there is an arrest, for thirty years from the date of arrest or seven years from the sentence’s completion.

Hb 481 - Heartbeat Bill, Michael G. Foo, Taylor L. Lin

Georgia State University Law Review

The Act adds an unborn child with a detectable human heartbeat to the definition of a natural person and includes such unborn child in state population counts. The Act defines abortion, prescribes when abortions may be performed, provides exceptions to abortion performance limitations, establishes requirements for performing an abortion, and provides for a right of action, damages, and affirmative defenses. The Act permits alimony and child support payments starting when an unborn child has a detectable human heartbeat. Parents have the right to recover the full value of a child’s life when a detectable human heartbeat exists. The Act requires …

Hb 324 - Low Thc Oil, Allyson M. Clawson, Kady D. Litwer

Georgia State University Law Review

The Act allows for the production, manufacturing, and dispensing of low THC oil in the State of Georgia, in accordance with a licensing regime that will be regulated by a twelve-member board. Additionally, the Act provides for a tracking system of production, purchase, and patient registration information, as well as licensing provisions for the University System of Georgia and the State Board of Pharmacy.

Hb 346 - Tenant Retaliation Protection, Joseph N. Guardino, Megan A. Kirk

Georgia State University Law Review

The Act prohibits landlords from taking retaliatory action when tenants exercise their rights or express habitability concerns. The Act provides for several authorized tenant actions that notify and hold landlords responsible for fixable property defects. If the landlord attempts to deprive the tenant of the use or enjoyment of the premises because the tenant expressed habitability concerns, the Act finds a prima facie case of retaliation. The Act specifically protects landlord action when a tenant damages property or is delinquent in rent. The Act provides for civil penalties against landlords who have retaliated under the statute.

Hb 316 - Voting System, Beth K. Boatright, Andrew Smith

Georgia State University Law Review

The Act authorizes and requires a new voting system be used in all elections, provides for auditing procedures, provides for updates to the voter list maintenance laws, and specifies additional revisions to election processes.

Sb 213 - Campaign Contributions Reporting, David R. Carducci, Minho R. Seo

Georgia State University Law Review

The Act amends Georgia’s campaign contributions reporting requirements for public officials. Specifically, the Act amends the dates that campaign contributions must be filed by public officials during nonelection years from January 31, before the start of the legislative session, to June 30, after the end of the legislative session. The Act also amends an election year reporting date from March 31 to April 30. Furthermore, the Act requires that any person or independent committee that contributes to, accepts contributions for, or makes expenditures on behalf of candidates to file a December 31 campaign contribution disclosure report

Sb 18 - Direct Primary Care, Valentin H. Dubuis, Juliana Mesa

Georgia State University Law Review

This legislation allows physicians to offer specified care for a specific time pursuant to a fixed fee. The physician cannot require more than one year’s payment upfront, and the agreement has to be terminable by either party with thirty days’ notice. Physicians do not have to provide care if the fee has not been paid or the patient has committed fraud, failed to adhere to treatment, or is in physical danger.

Partisan Gerrymandering And Georgia: Red, White, And Blue Or Just Red And Blue?, Michael C. Freeman Jr.

Georgia State University Law Review

This Note will discuss the viability of the EG and its ramifications as part of a standard for evaluating the unconstitutionality of current and potential districting plans, particularly regarding Georgia’s 2015 plan. Part I outlines the judicial history of partisan gerrymandering and also provides an overview of the EG’s mechanics and the development of Georgia’s reapportionment schemes. Part II then examines the EG’s strengths and weaknesses, applies it and other factors to Georgia’s current districting map, and analyzes the map’s constitutionality. Finally, Part III proposes changes to Georgia’s current plan that, through legislative conformity to specified standards, will ensure adherence …

Is State Preemption Weakening The Authoritarian Resilience Of Local Government In The United States?, Julian C. Juergensmeyer, Andrew F. Prater

Faculty Publications By Year

In many countries in the world today democratic institutions and ideals seem threatened. Due process, equal protection, freedom of speech, freedom of the press, the right to vote, and other democratic ideals are deeply ingrained in US culture and government. Traditionally, the federal government is thought to be the guardian of these rights, ensuring that state governments adhere to the rule of law established by our written constitution. Similarly, state governments are thought to uphold these democratic ideals vis a vis local governments. The American system of checks and balances and separation of powers and the resulting interplay between the …