Law Commons^™

The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee

Journal of Legislation

This Article describes the history of bans on particular types of arms in America, through 1899. It also describes arms bans in England until the time of American independence. Arms encompassed in this article include firearms, knives, swords, blunt weapons, and many others. While arms advanced considerably from medieval England through the nineteenth-century United States, bans on particular types of arms were rare.

Textualism Today: Scalia’S Legacy And His Lasting Philosophy, Chase Wathen

University of Miami Law Review

Appointed to the Supreme Court in 1986 by President Reagan, Justice Antonin Scalia redefined the philosophy of textualism. Although methods like the plain meaning rule had been around for over a century, the textualist philosophy of today was not mainstream. While Scalia’s textualism is thought to be a conservative philosophy, Scalia consistently maintained that it was judicial restraint rather than conservatism at the heart of his method. The key tenant of Scalia’s new textualism was an outright rejection of legislative history, which he often brought up in opinions only to mock and dismiss as irrelevant. Starting with the hypothesis that …

Nothing Is Inevitable: A Rejection Of The Inevitable Disclosure Doctrine Under The Defend Trade Secrets Act, Jacqueline R. Mancini

St. John's Law Review

(Excerpt)

Until June 2013, Manish Desai worked for Molon Motor and Coil Corporation (“Molon”) as Head of Quality Control. In June of that year, Desai left Molon to take a position with a competitor of Molon, Nidec Motor Corporation (“Nidec”). Molon brought suit against Nidec for trade secret misappropriation and alleged that Desai copied confidential information onto a flash drive before his departure. Based on these allegations, Molon argued not only that Desai unlawfully disclosed its trade secrets but also that “Nidec used and continues to use that information.” Molon brought suit under the federal Defend Trade Secrets Act and …

"No Harm, Still Foul": Unharmed Creditors And Avoidance Of A Debtor's Pre-Petition Transfer Of Exemptible Property, Alyssa Pompei

St. John's Law Review

(Excerpt)

This Note sides with the “no harm, no foul” approach in this debate, arguing that bankruptcy courts should not avoid prepetition transfers of otherwise exempt property under § 548 simply because an exemption was not actually taken and the transfer was instead the alternative path used to shield the property from collection. Part I of this Note explains the constructive fraud and exemption provisions of the Bankruptcy Code, including state opt-out provisions which are particularly applicable to this issue. Part I also discusses the legislative history of federal bankruptcy law with particular focus on the creation of the Bankruptcy …

House Swaps: A Strategic Bankruptcy Solution To The Foreclosure Crisis, Lynn M. Lopucki

Michigan Law Review

Since the price peak in 2006, home values have fallen more than 30 percent, leaving millions of Americans with negative equity in their homes. Until the Supreme Court’s 1993 decision in Nobelman v. American Savings Bank, the bankruptcy system would have provided many such homeowners with a remedy. They could have filed bankruptcy, discharged the negative equity, committed to pay the mortgage holders the full values of their homes, and retained those homes. In Nobelman, however, the Court misinterpreted reasonably clear statutory language and invented legislative history to resolve a three-to-one split of circuits in favor of the minority view …

Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson

University of Michigan Journal of Law Reform

Unbenownst to most Americans, the United States is presently under thirty presidentially declared states of emergency. They confer vast powers on the Executive Branch, including the ability to financially incapacitate any person or organization in the United States, seize control of the nation's communications infrastructure, mobilize military forces, expand the permissible size of the military without congressional authorization, and extend tours of duty without consent from service personnel. Declared states of emergency may also activate Presidential Emergency Action Documents and other continuity-of-government procedures, which confer powers on the President-such as the unilateral suspension of habeas corpus-that appear fundamentally opposed to …

California's Constitutional Right To Privacy, J. Clark Kelso

Pepperdine Law Review

No abstract provided.

How Long Can This Go On? The Controversy Over The Application Of The Statute Of Limitations To S Corporations And Their Shareholders, J. Marcus Sommers

Pepperdine Law Review

No abstract provided.

Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady

Pepperdine Law Review

No abstract provided.

Text(Plus-Other-Stuff)Ualism:Textualists' Perplexing Use Of The Attorney General's Manual On The Administrative Procedure Act, K. M. Lewis

Michigan Journal of Environmental & Administrative Law

Textualist judges, such as U.S. Supreme Court Justice Antonin Scalia, are well known for their outspoken, adamant refusal to consult legislative history and its analogues when interpreting ambiguous provisions of statutory terms. Nevertheless, in administrative law cases, textualist judges regularly quote the Attorney General’s Manual on the Administrative Procedure Act, an unenacted Department of Justice document that shares all the characteristics of legislative history that textualists find odious: unreliability, bias, and failure to pass through the bicameralism and presentment processes mandated by the U.S. Constitution. As a result, judges that rely on the Manual in administrative law cases arguably reach …

The Continuing Vitality Of The Presumption Of Irreparable Harm In Copyright Cases, Andrew F. Spillane

Marquette Intellectual Property Law Review

Property has long enjoyed civil enforcement through a potent remedy: the permanent injunction. For decades, federal courts across the country roundly granted permanent relief upon finding infringement and a threat of future infringement of one type of property: copyrights. Beyond these showings, a prevailing plaintiff in a copyright infringement case would not have to prove the cornerstone of equitable relief—irreparable harm—to obtain an injunction. But after the U.S. Supreme Court¹s decision in eBay v. MercExchange, some courts have abandoned this truncated equitable inquiry. In its place, the lower federal courts now apply eBay's four-factor test to determine whether a copyright …

State Government New State Flag: Change Design And Description Of State Flag; Change Design And Description Of State Seal; Provide For The Preservation And Protection Of Certain Public Monuments And Memorials; Require Agencies Eligible For Receipt Of State Funds To Display State Flag; Limit State Appropriations For Agencies Failing To Comply With Provisions; Provide For Enforcement, Darren Summerville

Georgia State University Law Review

The Act establishes a new design for the Georgia state flag, replacing the version adopted by the General Assembly in 1956. The Act also slightly modifies the design and description of the state seal; the new great seal is incorporated as a substantial portion of the new flag design. The Act also amends the Georgia Budget Act by requiring those state agencies eligible for the receipt of state funds to display the new flag; those agencies in noncompliance with this mandate are subject to denial of further appropriations. Finally, the Act preserves and protects existing state and local memorials and …

Public Utilities And Public Transportation Distribution, Storage And Sale Of Gas: Amend The "Natural Gas Competition And Deregulation Act"; Provide That A Retail Customer May Change Marketers Once A Year Without Penalty; Limit The Amount Of Deposit; Provide For Deposit Refunds; Require Certain Disclosures By The Public Service Commission; Authorize Said Commission To Regulate The Gas Market Under Certain Conditions; Regulate Marketer Billing Practices; Change The Provisions Of The Universal Service Fund, Matthew D. Lane Jr.

Georgia State University Law Review

The Act amends the Natural Gas Competition and Deregulation Act of 1997 by codifying several consumer protection measures. The Act permits consumers to change marketers once a year without incurring a service fee, and it limits the deposit amount a marketer may charge. The Act sets forth criteria for determining when the gas market is not competitive and when the Public Service Commission may regulate an uncompetitive market. The Act regulates marketer billing practices and requires marketers to publish certain information related to their billing practices. The Act also mandates that the universal service fund be used primarily to assist …

Market Definition, Merger Review, And Media Monopolization: Congressional Approval Of The Corporate Voice Through The Newspaper Preservation Act, Amy Kristin Sanders

Federal Communications Law Journal

In this Article, the Author examines the Newspaper Preservation Act, a federal antitrust exemption for newspapers, in light of the changing landscape of media ownership. After doing so, she argues that federal merger review for media companies should be revised to include a broader definition of 'geographic market' and a more restrictive definition of 'failing firm' to discourage the corporatization of the media.

Conservation And Natural Resources Water Pollution And Surface-Water Use: Create The Metropolitan North Georgia Water Planning District; Provide A Statement Of Legislative Intent And Purpose; Provide For Advisory Councils And Committees To The District; Provide For Watershed, Storm-Water, Waste-Water, Water Supply, And Conservation Management For The District; Promote Public Education And Awareness On Water Quality And Supply Issues; Provide For Oversight, Powers And Duties Of The District, Amy Haywood

Georgia State University Law Review

The Act, called the Metropolitan North Georgia Water Planning District Act, creates the Water Planning District, sets out its purpose, and defines terms and rules pertaining to water planning and management for those counties which participate in the District. The Act addresses watershed, stormwater, wastewater, water supply, and conservation management for the Atlanta metropolitan area. The Act creates oversight of the District, and advisory councils and committees to make recommendations to the District Board.

Game And Fish Shellfish: Change The Minimum Size Of Shellfish Which May Be Taken For Commercial Or Noncommercial Purposes, Amy Haywood

Georgia State University Law Review

The Act, relating to the minimum size of shellfish which may be taken for commercial or recreational purposes, reduces the depth of a clam's shell which may be harvested from one inch to three-quarters of an inch thickness.

Education Elementary And Secondary Education: Require Secondary Public Schools To Notify Students Who Are Eligible Of Their Right To Register To Vote And To Offer Such Students The Opportunity To Register To Vote At The School During The Month Of April Of Each Year, Amy Pressley Mccarthy

Georgia State University Law Review

The Act requires secondary public schools to notify eligible students of their right to register to vote and to offer such students the opportunity to register to vote at school during the month of April of each year.

Professions And Businesses Dentists And Dental Hygienists: Allow Dental Hygienists To Perform Dental Screenings Without Supervision Under Certain Conditions; Provide For Information And Fees, Amy Pressley Mccarthy

Georgia State University Law Review

The Act authorizes dental hygienists to perform dental screenings without supervision under certain circumstances. The Act also provides that each person who receives a dental screening must be informed in writing of the limitations of a dental screening and advised to seek a more thorough examination by a dentist. Additionally, the Act provides that individual hygienists shall not charge fees for such screenings.

Health Nursing Homes Employee Record Checks: Change Certain Definitions; Define Additional Terms; Change The Provisions Relating To Request For A Criminal Record Check With Respect To An Applicant For Employment In A Nursing Home; Provide That A Nursing Home Shall Make A Written Determination For Each Applicant For Whom A Criminal Record Check Is Performed; Provide That A Nursing Home Shall Not Employ A Person With An Unsatisfactory Determination; Provide That A Nursing Home That Hires An Applicant For Employment With A Criminal Record Shall Be Subject To Civil Penalties; Provide For The Amount Of Civil Penalties And Conditions For The Assessment Of Such Penalties, Anne-Marie Motto

Georgia State University Law Review

The Act requires that nursing homes perform a criminal records check before hiring any new employee. The Act also prohibits a nursing home from hiring anyone with an unsatisfactory determination and provides for penalties of $500 per day for each day that the nursing home employs anyone with a criminal record.

Health Nursing Homes: Provide Conditions Under Which Certain Monetary Penalties May Be Imposed Against Nursing Facilities, Nursing Homes, Or Intermediate Care Homes; Provide For The Suspension Of Civil Monetary Penalties Against Such Facilities Under Certain Conditions; Provide That Under Certain Conditions Civil Monetary Penalties Imposed Shall Relate Back To The Date On Which Such Penalties Were Suspended; Provide That Nothing In The Act Should Be Construed To Require The State Survey Agency To Act In Violation Of Applicable Federal Law, Regulations, And Guidelines, Anne-Marie Motto

Georgia State University Law Review

The Act prohibits the Department of Human Resources (DHR) from fining or restricting the licensing of any nursing facility, nursing home, or intermediate care unit, for any act or omission for which that facility has already received an intermediate sanction or notice of intent to sanction. The Act further provides that if a monetary penalty is assessed, the DHR must resurvey the facility with forty-eight hours or the accrual of all monetary penalties will be suspended until the resurvey is completed. If, however, upon resurvey, the facility is still found to be non-compliant, the monetary penalties will relate back to …

Education Georgia Public Telecommunications Commission Act: Change Provisions Relating To The Establishment Of The Georgia Public Telecommunications Commission; Change The Composition Of The Georgia Public Telecommunications Commission; Provide For Related Matters, Bill Cristman

Georgia State University Law Review

The Act changes the composition of the Georgia Public Telecommunications Commission, which was formerly composed of six members appointed by the Governor and three ex officio members. The ex officio members were the State School Superintendent, the Chancellor of the University System, and the Commissioner of Technical and Adult Education. The Act removes the three ex officio members and mandates that the Governor shall appoint all nine members of the Commission. The terms of office of the three new members appointed under the Act will begin on July 1, 2001, and expire on June 30, 2002. From that point forward, …

Local Government Bonds: Require The Reporting Of Certain Information With Respect To Any Bonds, Notes, Or Other Obligations Of Any Political Subdivision; Provide For Compilation And Reporting; Provide For Enforcement; Provide For Powers, Duties, And Authority Of The Department Of Community Affairs With Respect To The Foregoing; Provide For An Effective Date, Bill Cristman

Georgia State University Law Review

The Act requires local government units to report information regarding bond issuance costs to the State Department of Community Affairs (DCA) on an annual basis. The information will be compiled and reported by the DCA annually in its existing local government finances and local authority indebtedness reports, and will enable local governments to compare their own bond issuance costs to those of similar bonds issued by other local governments. The Act specifies that existing provisions of Code section 36-81-8 will enforce reporting of the newly required information by making release of state-appropriated funds to the relevant local government units contingent …

Crimes And Offenses Defenses To Criminal Prosecution: Change Provisions Relating To The Use Of Force In The Defense Of Habitations Or Residences; Provide For Related Matters, Derek E. Empie

Georgia State University Law Review

The Act changes the Georgia Code in regard to the justification a person must have in defending his or her home with force that is likely to cause death or great bodily harm. The Act adds to the Georgia Code that a person is justified in use of such force when it is asserted against a person who is not a member of the defender's family or household, that person unlawfully and forcibly enters or has entered the residence, and the defender knew or had reason to believe that an unlawful and forcible entry occurred.

Health Regulation Of County And Municipal Hospital Authorities: Extend To Certain Nonprofit Corporations Operating Certain Medical Facilities And Exemption From Open Records And Open Meetings Requirements, Janice T. Hellmann

Georgia State University Law Review

The Act provides for Georgia nonprofit corporations, operating hospitals or other medical facilities for the benefit of a Georgia governmental entity (e.g., Medical College of Georgia (MCG) Health Inc.), to benefit from the same exemptions from open records and open meetings requirements that county and municipal hospital authorities have enjoyed since 1989. Specifically, the Act would exempt MCG from the disclosure of any data which could give other hospital authorities a competitive advantage.

Professions And Businesses Architects: Change Certain Provisions Relating To Which Structures Do Not Require The Seal Of A Registered Architect; Provide That Nothing Shall Be Construed To Mean That Construction Contract Administration Services Are Required To Be Performed Exclusively By Architects; Change The Provisions Relating To Architect Seals And Documents Required To Be Sealed, Janice T. Hellmann

Georgia State University Law Review

The Act provides for a clearer standard for determining when the services of an architect are required by law. Specifically, the Act provides that the seal of an architect is not required for single story buildings less than 5000 square feet in area. The Act also exempts single story pre-engineered buildings from requiring an architect's seal, provide that they are not assembly occupancies, education occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, care facilities, or facilities that are classified as high hazard. Further, when the drawings and specifications for nonload-bearing …

Game And Fish Hunting, Trapping, And Fishing: Make Certain Legislative Findings; Provide That The Department Of Natural Resources Has The Authority And Duty To Encourage Hunting And Fishing; Provide That Hunting And Fishing Is A Right; Provide That No Political Subdivision Of The State Shall Regulate Hunting, Trapping, Or Fishing By Local Ordinance; Provide Exceptions, Jeffrey S. Bazinet

Georgia State University Law Review

The Act makes hunting, trapping, and fishing a right. The Act also holds wildlife in trust by the State for the benefit of Georgia citizens. The Act further prohibits private ownership of wildlife without specific legislative exception. The Act also vests the Georgia Department of Natural Resources with the responsibility and authority to work with sportsmen and conservation groups for the purpose of encouraging participation in hunting and fishing to ensure that the opportunity to hunt and fish exist n perpetuity. The Act specifically provides that its provisions shall not infringe on private property owners' rights. The Act prohibits political …

Professions And Businesses Fair Health Care Billing: Provide For Legislative Findings And Intent; Provide For Standards Of Certain Health Benefit Plan Contracts And Provide For Obligations And Fees Thereunder; Prohibit Certain Collections And Legal Actions; Provide For Applicability; Require Information Regarding Laboratory Tests And Provide For Implementation And Immunity Relating Thereto, Jeffrey S. Bazinet

Georgia State University Law Review

The Act provides that all contracts between physicians and insurers offering managed care plans must be in writing and that neither insurers nor patients shall be liable for any medical fees which exceed contracted-for amounts The Act further provides that physicians may not collect or attempt to collect fees for which an insurer or a patient are not liable. The Act also gives the Composite State Board of Medical Examiners the authority to discipline a physician who fails to timely inform a patient that the physician has received the patient's laboratory results.

Property Homestead And Exemptions: Change The Provisions Relating To Exemptions For Purposes Of Bankruptcy And Intestate Insolvent Estates; Change The Amounts Of Certain Exemptions; Provide For Calculation Of The Amounts Of Certain Exemptions And The Standards, Practices, And Procedures Connected Therewith; Provide For The Duties Of The Administrator Of The Governor's Office Of Consumer Affairs, John Dyer

Georgia State University Law Review

This Act raises the amount of exemptible value that bankrupt debtors will be able to insulate from unsecured creditor claims. The Act raises these amounts in multiple specific categories. The Act raises the exemptible amount of a debtor's interest in their primary residence from $5000 to $10,000. The Act also provides that in situations where the title to the property used for this homestead exemption is held in the name of only one of two spouses, the exemption amount shall be $20,000, thereby guaranteeing that each spouse will be able to use their $10,000 homestead exemption. The Act raises the …

Revenue And Taxation Ad Valorem Taxation Of Property: Provide For A Technical Correction And Clarify Certain Provisions With Respect To An Ad Valorem Tax Exemption For Certain Farm Equipment Owned And Used By Family Owned Qualified Farm Products Producers, John Dyer

Georgia State University Law Review

The Act provides a technical correction to the Code. The Act changes the wording of the ad valorem taxation exemption provision pertaining to farm equipment. The Act clarifies that qualified farm product producers may exempt each owned piece of equipment which fits into a category of equipment mentioned in the Code. The Act also places a restriction on parties that may take advantage of the exemption; the Act specifies that only qualified farm products producers can take advantage of the exemption.

Professions And Businesses Physicians, Physician's Assistants, And Respiratory Care: Enact Patient Right To Know Act; Provide For Creation, Contents, And Dissemination Of Physician Profiles; Provide For Right To File Grievance Against Medical Provider; Require Board To Investigate Every Grievance Filed; Establish Right Of Patient To Inquire About Cost Of Treatment Prior To Receiving Such Treatment, Josh Marks

Georgia State University Law Review

The Act changes confidentiality provisions concerning investigations of and disciplinary actions against doctors. By adding a new chapter to the Georgia Code, the Act enacts the Patients Right to Know Act, which creates a physician profiling system. The profiles contain background information about doctors including education, number of years in practice, any felony convictions, malpractice judgments, and revocation of hospital privileges. The Act also allows patients to find out the cost of medical treatments. Finally, the Act provides that patients can file grievances against doctors for treatment received.