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Full-Text Articles in Law
Searching For Truth In The American Law Of Evidence And Proof, D. Michael Risinger
Searching For Truth In The American Law Of Evidence And Proof, D. Michael Risinger
Georgia Law Review
The ideology of the trial process puts discovery of truth
at center stage. This is made clear by the language of
Federal Rule of Evidence 102, upon which New Georgia
Rule of Evidence 24-1-1 is obviously based. Both of these
rules make the ascertainment of truth one of the two goals
of the trial (just determination being the other). However,
the term "truth" has been used in many ways in many
different contexts and traditions. What notion of truth did
the drafters have in mind?
This Article answers that question by reference to what
has come to be known as …
War Of The Words: Why False Statements Should Be Guaranteed First Amendment Protection, Virginia R. Priddy
War Of The Words: Why False Statements Should Be Guaranteed First Amendment Protection, Virginia R. Priddy
Georgia Law Review
In Haley v. State, the Georgia Supreme Court upheld
the conviction of Andrew Scott Haley for making a false
statement. Haley created a username and posted videos to
the Internet in which he claimed to have committed a
series of murders, goading his audience to try to solve the
"mysteries." Haley was convicted under a Georgia statute
that proscribes the making of a false statement within the
jurisdiction of an agency or department of state of Georgia.
After discussing the historical legal and philosophical
underpinnings of the First Amendment right to free
speech, this Note argues that the Georgia statute …
Taking A Toll On The Equities: Governing The Effect Of The Plra's Exhaustion Requirement On State Statutes Of Limitations, Keri E. Mccrary
Taking A Toll On The Equities: Governing The Effect Of The Plra's Exhaustion Requirement On State Statutes Of Limitations, Keri E. Mccrary
Georgia Law Review
If prisoners are required by federal law to exhaust
institutional remedies before they may file suit in federal
court, should a prisoner with a legitimate claim suffer
dismissal by the federal court if the statute of limitations
lapses during the time the prisoner spends exhausting
administrative remedies? The Prisoner Litigation Reform
Act (PLRA) of 1996 offers no guidance. Federal courts
may choose to apply equitable tolling to a prisoner's claim
should this predicament arise, saving it from dismissal
based on tardiness, but nothing requires the court to do so.
The PLRA's enigmatic exhaustion requirement has
engendered much litigation, and the …
The Problem With The Bureau Of Land Management's Delegation Of Wildlife Management In Wilderness, Lindsay S. Jones
The Problem With The Bureau Of Land Management's Delegation Of Wildlife Management In Wilderness, Lindsay S. Jones
Georgia Law Review
Congress passed the Wilderness Act of 1964 "to secure for
the American people of present and future generations the
benefits of an enduring resource of wilderness." When it
passed the Act, Congress preserved over 9 million acres of
federal lands; and since then, the National Wilderness
Preservation System has been expanded by more than 100
million acres. The Act requires the federal agencies to
manage the wilderness areas to preserve their wilderness
character and to leave the lands unimpaired for future
generations.
Wildlife is an integral part of what makes wilderness
worth preserving. Despite the vital role wildlife plays in …
Safe Haven No Longer: The Role Of Georgia Courts And Private Probation Companies In Sustaining A De Facto Debtors' Prison System, Sarah D. Bellacicco
Safe Haven No Longer: The Role Of Georgia Courts And Private Probation Companies In Sustaining A De Facto Debtors' Prison System, Sarah D. Bellacicco
Georgia Law Review
Georgia was specifically established as a colony for debtors-a haven where they could be safe from imprisonment. It is a haven no longer. Georgia courts are regularly imprisoning people for failing to pay debts, often through probation revocation of probationers who have failed to pay a fine or fee imposed as a condition of probation. Some of these probationers are on probation solely because they could not pay a fine on the day of sentencing, a practice which greatly increases the amount they owe due to the additional probation fees imposed. In Bearden v. Georgia, the Supreme Court held that …