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Law Enforcement And Other Agencies Employment And Training And Peace Officers; Restrict Public Access To Bomb Technicians' Training Materials, Brian J. Anderson Sep 1997

Law Enforcement And Other Agencies Employment And Training And Peace Officers; Restrict Public Access To Bomb Technicians' Training Materials, Brian J. Anderson

Georgia State University Law Review

The Act removes bomb technician training materials from the domain of the Georgia Open Records Act and requires a judge's order to access the restricted information. The Act also expands the resource sharing authorization for bomb technicians to include emergency medical technicians with specialty training in blast trauma; the Act changes the titles of bomb technicians to conform with national standards.


Commerce And Trade Selling And Other Trade Practices: Provide Conditions Under Which A Revolving Credit Account Shall Be Presumed To Be Signed Or Accepted By A Buyer, Jeremy Emanuel Citron Sep 1997

Commerce And Trade Selling And Other Trade Practices: Provide Conditions Under Which A Revolving Credit Account Shall Be Presumed To Be Signed Or Accepted By A Buyer, Jeremy Emanuel Citron

Georgia State University Law Review

The Act provides that in a court action brought under the Retail Installment and Home Solicitation Sales Act, in which a seller brings a claim against a buyer whose account is in default, the seller will no longer have to produce an original copy of the credit agreement. The Act provides conditions that, once met, provide presumptive proof that the account has been accepted or signed by the buyer. The Act also provides conditions under which a revolving account becomes effective.


Commerce And Trade Selling And Other Trade Practices: Prohibit Certain Practices Relating To Telemarketing, The Use Of A Computer Or Computer Network, Or Home Repair Or Improvement Work; Provide For Vicarious Liability, Investigations Of Violations, And Criminal And Civil Penalties, Kathryn O'Neill Pulliam Sep 1997

Commerce And Trade Selling And Other Trade Practices: Prohibit Certain Practices Relating To Telemarketing, The Use Of A Computer Or Computer Network, Or Home Repair Or Improvement Work; Provide For Vicarious Liability, Investigations Of Violations, And Criminal And Civil Penalties, Kathryn O'Neill Pulliam

Georgia State University Law Review

The Act amends the Fair Business Practices Act of 1975 and makes certain practices relating to telemarketing, particularly those practices involving fraud, the use of a computer or computer network, or home repair or improvement work, unlawful. The Act provides for vicarious liability in certain circumstances and for investigations into such practices to be performed by the Administrator for Consumer Affairs. While the Act provides for enhanced penalties when the unlawful activity is targeted at the elderly, some criminal penalties under the Act were reduced.


Crimes And Offenses Offenses Against Public Administration: Prohibit Receipt Of Remuneration By Officials In Criminal Cases For Publishing Or Speaking On The Case Until Completion Of Direct Appeal, Rochelle Bozman Sep 1997

Crimes And Offenses Offenses Against Public Administration: Prohibit Receipt Of Remuneration By Officials In Criminal Cases For Publishing Or Speaking On The Case Until Completion Of Direct Appeal, Rochelle Bozman

Georgia State University Law Review

The Act prohibits a judge, prosecuting attorney, investigating officer, or law enforcement officer who is a witness in a criminal case from receiving or agreeing to receive payment for publishing a book or article, making a public appearance, or participating in any commercial activity concerning a case on which they are involved from the time between indictment and completion of direct appeal.


Domestic Relations Alimony And Child Support Generally; Enforcement Of Duty To Support; Parent And Child Relationship Generally, Jaimie Johnson Sep 1997

Domestic Relations Alimony And Child Support Generally; Enforcement Of Duty To Support; Parent And Child Relationship Generally, Jaimie Johnson

Georgia State University Law Review

The Act makes sweeping changes to Georgia's child and spousal support enforcement procedures by shifting the bulk of enforcement authority from the court system to the Child Support Enforcement Agency of the Department of Human Resources (DHR). First, the Act amends several of Georgia's alimony and child support statutes. It removes the statute of limitations for foreign judgments of child or spousal support orders and provides that child or spousal support orders cannot be changed retroactively or become dormant. It makes late child support payments judgments by operation of law, sets a time limit for contempt hearings, and allows for …


Local Government Enterprise Zone Employment Act Of 1997: Provide For The Creation And Comprehensive Regulation Of Enterprise Zones Within Municipalities And Counties; Provide For Legislative Findings And Intent; Provide Definitions; Provide For Municipal And County Tax Credits And Exemptions Or Abatements For Qualified Businesses Within An Enterprise Zone; Provide For Procedures, Conditions, And Limitations; Provide For Powers, Duties, And Authority Of The Department Of Community Affairs, James F. Merna Sep 1997

Local Government Enterprise Zone Employment Act Of 1997: Provide For The Creation And Comprehensive Regulation Of Enterprise Zones Within Municipalities And Counties; Provide For Legislative Findings And Intent; Provide Definitions; Provide For Municipal And County Tax Credits And Exemptions Or Abatements For Qualified Businesses Within An Enterprise Zone; Provide For Procedures, Conditions, And Limitations; Provide For Powers, Duties, And Authority Of The Department Of Community Affairs, James F. Merna

Georgia State University Law Review

The Act provides municipal and county governments the authority to create Enterprise Zones to provide financial incentives for businesses to create or expand operations in those zones and create new jobs. The economic incentives are in the form of a graduated schedule for reduced property taxes, and other tax exemptions and abatements. Areas applying for the Enterprise Zone designation must meet strict criteria to show an economic need for development. The criteria includes disinvestment, underdevelopment, or economic decline resulting in general poverty and unemployment. The creation of new jobs is intended to assist the state in welfare reform.


Law Enforcement And Other Agencies Georgia Bureau Of Investigation: Expunge Criminal Records When Arrested But Not Charged Or Charges Dismissed; Allow Prosecutor Discretion In Expungement; Provide For Judicial Review Of Prosecutor Or Agency Decision Against Expunging Record; Provide For Fees For Expungement, Raymond L. Peeler Sep 1997

Law Enforcement And Other Agencies Georgia Bureau Of Investigation: Expunge Criminal Records When Arrested But Not Charged Or Charges Dismissed; Allow Prosecutor Discretion In Expungement; Provide For Judicial Review Of Prosecutor Or Agency Decision Against Expunging Record; Provide For Fees For Expungement, Raymond L. Peeler

Georgia State University Law Review

The Act allows individuals arrested but not charged, or who have had charges brought against them but dismissed by the prosecuting attorney, to have their criminal records relating to the incident expunged. The Act requires the individual to submit a written request to have his or her record expunged from the arresting agency's files. The Act allows the individual to appeal a refusal to expunge the record. The Act also allows the prosecuting attorney to appeal a decision by the agency to expunge the record. The Act provides criteria which must be met for the record to be expunged. The …


Criminal Procedure Bonds And Recognizances: Release Surety From Liability At Discretion Of The Court When The Principal Uses A False Name, Rochelle Bozman Sep 1997

Criminal Procedure Bonds And Recognizances: Release Surety From Liability At Discretion Of The Court When The Principal Uses A False Name, Rochelle Bozman

Georgia State University Law Review

The Act changes the definition of out-of-state-bail jumping to simplify the language and include additional offenses. The Act also increases the penalties for bail jumping. Finally, the Act releases bail bondsmen from liability at the court's discretion when a defendant who has been committed to a correctional facility uses a false name, unless the bondsman knew or should have known that the defendant used a false name, provided that the bondsman acted with due diligence and used all practical means to secure the defendant's attendance before the court.


Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky Jul 1997

Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky

Georgia State University Law Review

No abstract provided.


Federalism: The Argument From Article V, Lynn A. Baker Jul 1997

Federalism: The Argument From Article V, Lynn A. Baker

Georgia State University Law Review

No abstract provided.


Real Revolution, Robert F. Nagel Jul 1997

Real Revolution, Robert F. Nagel

Georgia State University Law Review

No abstract provided.


A Survey Of Georgia Contempt Law, Conrad D. Brooks Jul 1997

A Survey Of Georgia Contempt Law, Conrad D. Brooks

Georgia State University Law Review

No abstract provided.


Markman V. Westview Instruments, Inc.: The Jury's Diminishing Role In Patent Law Cases, Kevin W. King Jul 1997

Markman V. Westview Instruments, Inc.: The Jury's Diminishing Role In Patent Law Cases, Kevin W. King

Georgia State University Law Review

No abstract provided.


The Propriety And Constitutionality Of Chain Gangs, Emily S. Sanford Jul 1997

The Propriety And Constitutionality Of Chain Gangs, Emily S. Sanford

Georgia State University Law Review

No abstract provided.


Keeping Your Eye On The Ball: The Significance Of The Revival Of Constitutional Federalism, Mark Tushnet Jul 1997

Keeping Your Eye On The Ball: The Significance Of The Revival Of Constitutional Federalism, Mark Tushnet

Georgia State University Law Review

No abstract provided.


The Fundamentality And Irrelevance Of Federalism, Edward L. Rubin Jul 1997

The Fundamentality And Irrelevance Of Federalism, Edward L. Rubin

Georgia State University Law Review

No abstract provided.


A Tribute To Judge Phyllis A. Kravitch, Jennifer Arlen Mar 1997

A Tribute To Judge Phyllis A. Kravitch, Jennifer Arlen

Georgia State University Law Review

This is a tribute to Judge Phyllis A. Kravitch, who honorably served two decades on the bench during a period of great transition in the South.


Treasury Regulations And Judicial Deference In The Post-Chevron Era, David A. Brennen Mar 1997

Treasury Regulations And Judicial Deference In The Post-Chevron Era, David A. Brennen

Georgia State University Law Review

No abstract provided.


Dedication To The Honorable Phyllis A. Kravitch, Scott E. Sundby Mar 1997

Dedication To The Honorable Phyllis A. Kravitch, Scott E. Sundby

Georgia State University Law Review

This is a tribute to Judge Phyllis A. Kravitch, who honorably served two decades on the bench during a period of great transition in the South.


A Tribute To Judge Phyllis A. Kravitch, Joseph W. Hatchett Feb 1997

A Tribute To Judge Phyllis A. Kravitch, Joseph W. Hatchett

Georgia State University Law Review

This is a tribute to Judge Phyllis A. Kravitch, who honorably served two decades on the bench during a period of great transition in the South.


Georgia's New Probate Code, Mary F. Radford, F. Skip Sugarman Feb 1997

Georgia's New Probate Code, Mary F. Radford, F. Skip Sugarman

Georgia State University Law Review

No abstract provided.


Tilting At Windmills: Defamation And The Private Person In Cyberspace, Kean J. Decarlo Feb 1997

Tilting At Windmills: Defamation And The Private Person In Cyberspace, Kean J. Decarlo

Georgia State University Law Review

No abstract provided.


Judge Phyllis A. Kravitch And Criminal Justice: Noteworthy Opinions, Mina Kaufman Feb 1997

Judge Phyllis A. Kravitch And Criminal Justice: Noteworthy Opinions, Mina Kaufman

Georgia State University Law Review

Judge Phyllis A. Kravitch authored many significant opinions concerning criminal justice during her distinguished career on the Former Fifth and Eleventh Circuit Courts of Appeals. This article summarizes the most noteworthy opinions.


The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen J. Wermiel Feb 1997

The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen J. Wermiel

Georgia State University Law Review

This is a tribute to Judge Phyllis A. Kravitch, who honorably served two decades on the bench during a period of great transition in the South.


A Tribute To The Honorable Phyllis A. Kravitch, Joseph Hoffmann Feb 1997

A Tribute To The Honorable Phyllis A. Kravitch, Joseph Hoffmann

Georgia State University Law Review

This is a tribute to Judge Phyllis A. Kravitch, who honorably served two decades on the bench during a period of great transition in the South.


What Constitutes Minimum Contacts In Cyberspace After Compuserve, Inc. V. Patterson: Are New Rules Necessary For A New Regime?, Joanna B. Bossin Feb 1997

What Constitutes Minimum Contacts In Cyberspace After Compuserve, Inc. V. Patterson: Are New Rules Necessary For A New Regime?, Joanna B. Bossin

Georgia State University Law Review

No abstract provided.


Allen V. Lefkoff, Duncan, Grimes & Dermer, P.C.: Use Of The Code Of Professional Responsibility In Georgia Legal Malpractice Cases, Lynn E. Stapleton Feb 1997

Allen V. Lefkoff, Duncan, Grimes & Dermer, P.C.: Use Of The Code Of Professional Responsibility In Georgia Legal Malpractice Cases, Lynn E. Stapleton

Georgia State University Law Review

No abstract provided.


Georgia Lawyers Revise Their Probate Code, Richard V. Wellman Feb 1997

Georgia Lawyers Revise Their Probate Code, Richard V. Wellman

Georgia State University Law Review

No abstract provided.


Problems Arising Out Of The Use Of "Www.Trademark.Com": The Application Of Principles Of Trademark Law To Internet Domain Name Disputes, Michael B. Landau Feb 1997

Problems Arising Out Of The Use Of "Www.Trademark.Com": The Application Of Principles Of Trademark Law To Internet Domain Name Disputes, Michael B. Landau

Georgia State University Law Review

No abstract provided.


The Hidden Gender Bias Behind "The Best Interest Of The Child" Standard In Custody Decisions, Susan Beth Jacobs Feb 1997

The Hidden Gender Bias Behind "The Best Interest Of The Child" Standard In Custody Decisions, Susan Beth Jacobs

Georgia State University Law Review

No abstract provided.