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Articles 1 - 30 of 57
Full-Text Articles in Law
Member Masthead, Georgia State University Law Review
Member Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Faculty Masthead, Georgia State University Law Review
Faculty Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Introduction, Robert F. Brawner Ii, Emily R. Jones
Introduction, Robert F. Brawner Ii, Emily R. Jones
Georgia State University Law Review
No abstract provided.
Public Health State Of Emergency: Executive Order By The Governor Declaring A Public Health State Of Emergency, Rebecca Hu, Ellen Y. Min
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.
Statewide Judicial Emergency: Judicial Order By The Supreme Court Of Georgia Declaring A Statewide Judicial Emergency, Stephanie J. Remy, Brittiny K. Slicker
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.
Mandatory Quarantine: Administrative Order By The Georgia Department Of Public Health For Public Health Control Measures: Isolation Protocol, Matthew C. Daigle, Carissa L. Lavin
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.
Bioethics: Ethical Considerations Of Ventilator Triage During A Pandemic, Susannah J. Gleason, William J. Keegan
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
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.
Table Of Contents, Georgia State University Law Review
Table Of Contents, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Criminal Procedure: Sentence And Punishment, Allison Kretovic, Insoo Lee
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.
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
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.
Shelter In Place: Executive Order By The Governor To Ensure A Safe & Healthy Georgia, Preston A. Dunaway, Graham H. Gordon
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
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 …
Forced Business Closures: Executive Orders By The Governor Closing Private Businesses, Baylee A. Culverhouse, Alexa R. Martin
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.
Torts: Covid-19 Pandemic Business Safety Act & Executive Order By The Governor Designating Auxiliary Management Workers And Emergency Management Activities, Angelena Velaj, Troy Viger
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.
Health Insurance Portability And Accountability Act Of 1996: Health & Public Welfare, Erin L. Hayes, Kathryn A. Vance
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.
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
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
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 …
Member Masthead, Georgia State University Law Review
Member Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Member Masthead, Georgia State University Law Review
Member Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Faculty Masthead, Georgia State University Law Review
Faculty Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
The Thirteenth Amendment And Human Trafficking: Lessons & Limitations, Kathleen Kim
The Thirteenth Amendment And Human Trafficking: Lessons & Limitations, Kathleen Kim
Georgia State University Law Review
Part I of this Article contextualizes human trafficking within the doctrinal development of the Thirteenth Amendment and Section Two legislation enacted to address subsequent forms of unfree labor. This part describes the origins of a race-conscious Thirteenth Amendment framework and explains its relevance in guiding antitrafficking policy. The overwhelming focus of antitrafficking efforts on sexual exploitation strains the normative foundation of the Thirteenth Amendment. Part II examines the TVPA and the California Trafficking Victims Protection Act and identifies their most significant contributions to Thirteenth Amendment doctrine. Yet, this part finds that the absence of a Thirteenth Amendment framework to guide …
Faculty Masthead, Georgia State University Law Review
Faculty Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Table Of Contents, Georgia State University Law Review
Table Of Contents, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Borrowing From Millennials To Pay Boomers: Can Tax Policy Create Sustainable Intergenerational Equity?, Jonathan B. Forman, Roberta F. Mann
Borrowing From Millennials To Pay Boomers: Can Tax Policy Create Sustainable Intergenerational Equity?, Jonathan B. Forman, Roberta F. Mann
Georgia State University Law Review
At the outset, Part I of the Article provides an overview of sustainable intergenerational justice and tax policy. Part II then provides an overview of the U.S. tax system, deficits, and public debt. Part III then considers how taxes can influence the level of resources that are available to future generations, and Part IV considers how taxes can influence the mix of resources that are available to future generations.
Why Georgia Should Get Off The Bench And Profit From The Inevitability Of Sports Betting, Andrew Smith
Why Georgia Should Get Off The Bench And Profit From The Inevitability Of Sports Betting, Andrew Smith
Georgia State University Law Review
Influenced by the inevitability of sports betting and changes in public perception, the Supreme Court of the United States struck down PASPA on May 14, 2018. Each state now retains the ability to decide for itself the legality of sports betting. In light of such retained state discretion, this Note examines whether Georgia should legalize sports betting and assesses the potential legislative and regulatory challenges that would arise. Part I discusses the history of gambling in America and the state of gambling in Georgia. Part II examines particular states that have legalized sports betting and compares their legislative and regulatory …
Copyright Registration: Why The U.S. Should Berne The Registration Requirement, David R. Carducci
Copyright Registration: Why The U.S. Should Berne The Registration Requirement, David R. Carducci
Georgia State University Law Review
The following note discusses the registration requirement under the Copyright Act and its interplay with the Berne Convention’s prohibition of formalities. Part I explains the recent division between the United States Circuit Courts of Appeals and provides an in-depth analysis of the application and registration approaches. Part II details the Supreme Court’s adoption of the registration approach in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC. Part III gives a brief history of the Berne Convention and examines registration under Berne as a nonessential formality. Finally, Part IV offers a proposed long-term solution to amend the Copyright Act by making …
The Vacancies Act And An Acting Attorney General, Stephen Migala
The Vacancies Act And An Acting Attorney General, Stephen Migala
Georgia State University Law Review
The President’s November 2018 designation of Matthew Whitaker to be the Acting Attorney General was unprecedented and calls into question several legal issues. Though many are based on questions of constitutionality, there is a strong and novel argument that the statute used by the President to designate Mr. Whitaker, the Federal Vacancies Reform Act (FVRA), may not be used in such a way. Instead, a separate office-specific statute, 28 U.S.C. § 508, alone controls who may become the Acting Attorney General. By presenting never-before-seen legislative histories to support that conclusion, and by separately applying well-settled canons of statutory construction, it …
From Photocopying To Object-Copying In The Classroom: 3d Printing And The Need For Educational Fair Use In Patent Law, Alessandra T. Palazzolo
From Photocopying To Object-Copying In The Classroom: 3d Printing And The Need For Educational Fair Use In Patent Law, Alessandra T. Palazzolo
Georgia State University Law Review
This Note is broken into three parts. Part I includes background information about additive manufacturing, the Maker Movement and its importance in the promotion of STEM education, and the history of copyright and patent law. Part II analyzes the development of fair use in copyright law, potential reasons that patent law has no statutory fair use defense, and one exception in patent law that is essentially fair use—the Hatch-Waxman Act, a codified version of the experimental use exception for the pharmaceutical industry. Finally, Part III offers three distinct solutions aimed at protecting educators who use 3D printing in their curriculum.
No Pets Allowed: The Need To Address Increasing Abuses Of Assistance Animal Regulations Under Federal Law, Ansley Fantaski
No Pets Allowed: The Need To Address Increasing Abuses Of Assistance Animal Regulations Under Federal Law, Ansley Fantaski
Georgia State University Law Review
The following Note discusses the nuances associated with assistance animal regulations. Part I provides an in-depth overview of the current laws in place permitting certain rights to handlers of assistance animals under a variety of circumstances. Part II analyzes the abuses of assistance animal regulations and discusses the distinctions between service animals and emotional support animals. Part III discusses proposed solutions to streamline the regulations, including establishing a national registration system and increasing educational efforts to help minimize abuses under federal law.