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Articles 1 - 17 of 17
Full-Text Articles in Law
Nothing Concentrates The Mind Like The Prospect Of A Hanging: The Criminalization Of The Sarbanes-Oxley Act, Ann Marie Tracey, Paul Fiorelli
Nothing Concentrates The Mind Like The Prospect Of A Hanging: The Criminalization Of The Sarbanes-Oxley Act, Ann Marie Tracey, Paul Fiorelli
Northern Illinois University Law Review
This article discusses: (1) the post-Enron environment and the events that led up to the whirlwind passage of the Sarbanes-Oxley Act of 2002, (2) the legislative history for criminalizing a bill that originated in the House Financial Services Committee, and (3) a comparison between the increased criminal provisions and penalties under the Act with already existing legislation. It also analyzes how Congress closed loop-holes, flexed its muscles with respect to corporate practices, and the necessity of the new criminal laws.
Elections Elections And Primaries Generally: Require Permanent Paper Record Of Votes Cast On Electronic Recording Voting Systems Recount And Audit Purposes; Require All Electronic Voting Systems To Produce A Permanent Paper Record Of The Votes Recorded On These Systems For Each Voter; Provide That Voters Have An Opportunity To Verify This Record After Voting; Provide That These Paper Records Shall Be Retained For Use In Recounts And Election Challenge Proceedings, Beverly Jones Sill
Georgia State University Law Review
In 2004, the Georgia General Assembly failed to enact SB 500. This bill would have amended the Georgia Election Code by requiring that electronic voting machines create permanent paper records of ballots cast. Additionally, SB 500 would have allowed voters to verify these paper records after voting and retain the records for possible recounts. Although an emended version of the bill passed the Senate, it did not reach the floor of the House for debate. However, because the bill deals with a subject that is generating debate throughout the country--the security of electronic voting--SB 500 is worthy of examination.
Constitution Of The State Of Georgia Defense Of Marriage Act: Amend The Constitution Of The State Of Georgia To Provide That Georgia Shall Recognize As Marriage Only The Union Of A Man And A Woman; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Shannon Alexander, Heather Schafer
Constitution Of The State Of Georgia Defense Of Marriage Act: Amend The Constitution Of The State Of Georgia To Provide That Georgia Shall Recognize As Marriage Only The Union Of A Man And A Woman; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Shannon Alexander, Heather Schafer
Georgia State University Law Review
Defense of Marriage Act: Amend the Constitution of the State of Georgia to Provide That Georgia Shall Recognize as Marriage Only the Union of a Man and a Woman; Provide for Submission of This Amendment for Ratification or Rejection; and for Other Purposes
Education Policies Prohibiting Bullying: Amend Policies Prohibiting Bullying Behavior; Make Changes Relating To Local School Board Policies Regarding Bullying In Student Codes Of Conduct; Change The Definition Of Bullying Behavior; Provide That Policies Relating To Bullying Behavior Apply To Students In Kindergarten Through Grade 12; Require Training On Bullying Behavior For Certain School System Personnel; Provide That Local School Systems Provide Information To The Department Of Education On The Number And Disposition Of Bullying Incidents Reported; Repeal Conflicting Laws, And For Other Purposes, Rachel E. Conrad
Georgia State University Law Review
Policies Prohibiting Bullying: Amend Policies prohibiting Bullying Behavior; Make Changes Relating to Local School Board Policies Regarding Bullying in Student Codes of Conduct; Change the Definition of Bullying Behavior; Provide that Policies Relating to Bullying Behavior Apply to Students in Kindergarten Through Grade 12; Require Training on Bullying Behavior for Certain School System Personnel; Provide that Local School Systems Provide Information to the Department of Education on the Number and Disposition of Bullying Incidents Reported; Repeal Conflicting Laws, and for Other Purposes
Crimes And Offenses Racketeer Influenced And Corrupt Organizations: Allow Class Actions To Be Brought Against Unlicensed Lenders; Include Payday Lending In The Definition Of Racketeering Activity; Declare A Legislative Intent To Prohibit Activities Commonly Referred To As Payday Lending, Deferred Presentment Services, Or Advance Cash Services; Strengthen And Increase The Criminal And Civil Penalties Therefore; Void Payday Lending Loans; Declare That Forum Selection Clauses In Payday Lending Contracts Are Unenforceable In Georgia; Provide For Civil Remedies Of Borrowers; Provide For Civil Penalties; Declare A Tax On Profits From Payday Loans, Tia Martarella
Georgia State University Law Review
The Georgia General Assembly determined that, despite actions by the Attorney General and the Industrial Loan Commission, payday lending continues in the State of Georgia. The Act declares a legislative intent to prohibit payday lending and provides for civil remedies to those borrowers harmed
Health Standards For Sewage Management Systems: Provide For The Continued Use And Installation Of All On-Site Sewage Management System; Authorize The Department Of Human Resources To Adopt State-Wide Regulations For On-Site Sewage Management Systems; Repeal The Definition Of "Prior Approved System"; Authorize The Department To Require Prior Examination And Approval Of Such Systems Before Use In Georgia; Provide For A Reduction In Trench Length Under Certain Circumstances; And For Other Purposes, Nicholas Prince Smith
Georgia State University Law Review
Standards for Sewage Management Systems: Provide for the Continued Use and Installation of All On-Site Sewage Management System; Authorize the Department of Human Resources to Adopt State-Wide Regulations for On-Site Sewage Management Systems; Repeal the Definition of Prior Approved System; Authorize the Department to Require Prior Examination and Approval of Such Systems Before Use in Georgia; Provide for a Reduction in Trench Length Under Certain Circumstances; and for Other Purposes
Health, Torts, And Civil Practice Georgia Hospital And Medical Liability Insurance Authority Act: Provide For Legislative Findings With Respect To A Crisis In The Field Of Hospital And Medical Liability Insurance; Address This Crisis Through Provision Of Insurance And Certain Civil Justice Reforms; Create The Georgia Hospital And Medical Liability Insurance Authority; Provide For The Members Of The Authority And Their Selection, Service, And Terms Of Office; Provide For The Filling Of Vacancies; Provide For The Powers, Duties, Operations, And Financial Affairs Of The Authority; Provide For The General Purpose Of The Authority; Prescribe Standards Relating To Vicarious Liability Of Medical Facilities For Actions Of Health Care Providers; Provide For Limited Liability For Certain Medical Facilities And Health Care Providers For Treatment Of Certain Emergency Conditions Under Certain Conditions; Provide For Qualifications Of Experts; Change Provisions Relating To The Allocation Of Liability And Recovery Of Damages In Tort Actions; Provide For The Degree Of Care Expected Of Medical Professionals In An Emergency Room Setting; Provide For The Consideration By The Jury Or Other Trier Of Fact Of Certain Factors Affecting This Care In Determining Whether Defendants Met This Degree Or Standard Of Care; Require The Approval By The Commissioner Of Insurance Of All Medical Malpractice Rates, Rating Plans, Rating Systems, And Underwriting Rules Prior To These Rates, Rating Plans, Rating Systems, And Underwriting Rules Becoming Effective; Change Certain Provisions Relating To Actions Against Certain Codefendants Residing In Different Counties; Change Provisions Relating To The Required Filing Of Affidavits In Professional Malpractice Actions; Provide For Other Related Matters; Repeal Conflicting Laws; And For Other Purposes, David Boohaker, Jon Gallant, Ramsey Knowles, A. Robin Teal
Georgia State University Law Review
The bill would have created an authority with power to provide rural hospitals with the ability to self-ensure. The bill would have allowed emergency facilities to limit liability associated with doctors who are independent contractors. The bill would have also restricted recovery from each defendant based on apportionment of liability rather than the usual joint and several liability schemes. The bill failed after a standoff on an amendment to cap non-economic damages.
Conservation And Natural Resources Stream Buffers: Amend Code Section 12-7-6 Of The Official Code Of Georgia Annotated Relating To Best Management Practices For Control Of Soil Erosion And Sedimentation And Minimum Requirements For Rules, Regulations, Ordinances, Or Resolutions To Change Certain Provisions Relating To Twenty-Five Foot Buffers Along State Waters; Repeal Conflicting Laws; And For Other Purposes, Sue B. Smith
Georgia State University Law Review
The Act allows individuals and developers to build within the 25 foot stream buffer as long as either the project will not increase the amount of pollutants in the stream or the project will improve water quality.
Crimes And Offenses Offenses Against Public Health And Morals; Enact The "Georgia Smokefree Air Act Of 2004"; Provide For The Crime Of Smoking In A Motor Vehicle On A State Highway, County Road, Or Municipal Street Or On Private Property While A Child Is Restrained In A Child Passenger Restraining System; Prohibit Smoking In Certain Facilities And Areas; Provide For Definitions; Provide For Exceptions; Provide For Posting Of Signs; Provide For Violations, Penalties, And State And Local Government Enforcement And Administration; Provide For Construction; Provide That This Prohibition Shall Be Cumulative To Other General Or Local Acts, Rules, And Regulations; Repeal A Former Prohibition Against Smoking In Public Places; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Brandy Ouzts
Georgia State University Law Review
The bills would have prohibited smoking in all enclosed public places in Georgia, including government owned, leased, and operated facilities and enclosed areas in places of employment. The bills also provided that these facilities must display a No Smoking sign and may not contain smoking related paraphernalia. Private residences, vehicles, stand-alone bars, some hotel rooms, private and semi-private rooms in nursing homes, retail tobacco stores, and outdoor places of employment would have been exempt from the smoking prohibition. Finally, penalties for violating the smoking ban would have included monetary fines, suspension, or revocation of the facility's business license, and injunctive …
Motor Vehicles And Traffic Racial Profiling: Amend The Official Code Of Georgia So As To Require Policies That Prohibit Law Enforcement Officers From Impermissibly Using Race Or Ethnicity In Determining Whether To Stop A Motorist; Require Annual Training Of Law Enforcement Officers On Impermissible Uses Of Race And Ethnicity In Stopping Vehicles; Require Law Enforcement Officers To Document The Race, Ethnicity, And Gender Of A Motorist And Passengers; Provide For Other Matters Relative Thereto; Repeal Conflicting Laws; And For Other Purposes, Jason Sheffield
Georgia State University Law Review
In 2004, the Georgia General Assembly considered a bill to amend the portion of the Georgia Code dealing with motor vehicles and traffic. HB 1327 would have prohibited the use of race or ethnicity in forming probable cause or reasonable suspicion to stop a vehicle and would have mandated data collection for all traffic stops by state and local law enforcement officers. Law enforcement personnel would have recorded this information on a form that the Department of Motor Vehicles would have devised. The Georgia Attorney General would have then analyzed this data to test for racial profiling. Additionally, HB 1327 …
Courts Juries: Provide The State And The Accused With The Same Number Of Peremptory Challenges In Misdemeanor, Felony, And Death Penalty Cases And In Challenging Alternative Jurors; Provide The Manner In Which Peremptory Challenges Are Made; Change The Size Of The Jury Panel In Felony And Death Penalty Cases; Provide The State With An Equal Number Of Additional Peremptory Challenges In Trials For Jointly Indicted Defendants; Provide An Exemption From Jury Duty For A Primary Caregiver Of A Child Who Is Four Years Of Age Or Younger; Provide An Exemption From Jury Duty For A Primary Teacher Of Children In A Home Study Program; And For Other Purposes, Jonathan Poole
Georgia State University Law Review
In 2004, the Georgia General Assembly considered a bill designed to exempt home-school teachers and certain primary caregivers from jury duty. The Senate amended the bill to provide the State and the accused with an equal number of preemptory challenges in death penalty, felony, and misdemeanor cases.
Education Elementary And Secondary Education: Authorize The Reading Or Posting Of Certain Writings, Documents, And Records Without Content-Based Censorship Thereof; Provide For Notice To Local School Superintendents; And For Other Purposes, Joshua Brooker, Laura Verduci
Education Elementary And Secondary Education: Authorize The Reading Or Posting Of Certain Writings, Documents, And Records Without Content-Based Censorship Thereof; Provide For Notice To Local School Superintendents; And For Other Purposes, Joshua Brooker, Laura Verduci
Georgia State University Law Review
The bill would have permitted state school boards to allow and encourage their teachers and administrators to read or post in their school building, classrooms, or at any event, documents or any portion of documents that relate to American heritage. The bill would have provided a list of documents, including the Constitution, the Declaration of Independence, the Mayflower Compact, and United States Supreme Court decisions. The bill would have prohibited content-based censorship of American history and heritage-based documents regarding any religious references.
Crimes And Offenses Child Endangerment: Define Criminal Negligence; Provide For Legislative Findings And Intent; Change The Definition Of Cruelty To Children To Provide For Third Degree Cruelty To Children; Provide For Penalties; Provide For Definitions; Make It Unlawful For Persons To Engage In Certain Activities Associated With Manufacturing Of Possessing Methamphetamine In The Presence Of Children; Refine The Term "Serious Injury" To Include Sexual Abuse Of A Minor Under The Age Of 16 Years, Jeremy P. Burnette
Georgia State University Law Review
Child Endangerment: Define Criminal Negligence; Provide for Legislative Findings and Intent; Change the Definition of Cruelty to Children to Provide for Third Degree Cruelty to Children; Provide for Penalties; Provide for Definitions; Make It Unlawful for Persons to Engage in Certain Activities Associated with manufacturing of Possessing Methamphetamine in the Presence of Children; Refine the Term Serious Injury to Include Sexual Abuse of a Minor Under the Age of 16 Years; Provide for Related Matters; Provide for an Effective Date and Applicability; Repeal Conflicting Laws; and for Other Purposes
Penal Institutions Use Of Inmates For Private Gain: Authorize Use Of Inmates As Voluntary Labor For Privately Owned Profit-Making Employers Producing Goods And Services For Sale To Public And Private Purchasers; Authorize Georgia Correctional Industries Administration To Enter Into Service Contracts With Privately Owned Profit-Making Employers Producing Goods And Services For Sale To Public And Private Purchasers; Provide For Determinations By The Georgia Department Of Labor As To Whether Inmates Would Be Displacing Other Workers And Whether Labor Shortages Exist, Randall Wharton
Georgia State University Law Review
HB 1173 would have amended Chapters 1, 5, and 10 of Title 42 of the Official Code of Georgia Annotated to allow inmates to volunteer for certain jobs in private industries. Additionally, it would have allowed the private sale of inmate-produced goods, directed the Georgia Department of Labor to ensure that inmates did not displace other and that officials only use inmate labor in areas where labor shortages existed, and allowed penal authorities to enter into service contracts with privately owned profit-making employers producing goods and services for sale to public and private purchasers.
The Power Behind The Promise: Enforcing No Child Left Behind To Improve Education, Amy M. Reichbach
The Power Behind The Promise: Enforcing No Child Left Behind To Improve Education, Amy M. Reichbach
Faculty Publications
Despite the U.S. Supreme Court's recognition in 1954, in Brown v. Board of Education, that education is of paramount importance, six million middle and high school students are still in danger of being left behind. Less than seventy-five percent of eighth graders, fifty percent in urban schools, are graduating from high school within five years. Advocates for educational equity have appealed to the courts, achieving limited success. They have also turned to the legislature, which most recently enacted the No Child Left Behind Act of 2001 ("NCLB"). Thus far, however, the federal government has not enforced NCLB adequately. This …
The Cauldron Boils: Supplemental Jurisdiction, Amount In Controversy, And Diversity Of Citizenship Class Actions, Richard D. Freer
The Cauldron Boils: Supplemental Jurisdiction, Amount In Controversy, And Diversity Of Citizenship Class Actions, Richard D. Freer
Faculty Articles
Ultimately, it does not matter how or even whether the Supreme Court resolves the issue. The fact that we still do not know whether Zahn lives after thirteen years-demonstrates that legislation concerning the jurisdiction of the federal courts should not be the hurried product of a few drafters whose work is not circulated for broader discussion. Ours is a world in which any change to a Federal Rule of Civil Procedure-no matter how minor-must be circulated and subjected to public comment and review. Yet the jurisdiction of the federal courts can be changed in relative secrecy and haste. Congress committed …
Guaranteed Payments Made In Kind By A Partnership, Douglas A. Kahn, Faith Cuenin
Guaranteed Payments Made In Kind By A Partnership, Douglas A. Kahn, Faith Cuenin
Articles
If a partnership makes a payment to a partner for services rendered in the latter's capacity as a partner or for the use of capital, to the extent that the payment is determined without regard to partnership income, it is characterized by the Internal Revenue Code as a "guaranteed payment" and is treated differently from other partnership distributions.' In addition, if a partnership makes a payment in liquidation of a retiring or deceased partner's interest in the partnership, part of that payment may be characterized as a guaranteed payment by section 736(a)(2). We will discuss in Part VI of this …