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Georgia State University College of Law

2016

Articles 1 - 30 of 97

Full-Text Articles in Law

Marquetta Carzell Et Al., Order On Defendants' Motion To Dismiss, Or In The Alternative For Judgment On The Pleadings, John J. Goger Dec 2016

Marquetta Carzell Et Al., Order On Defendants' Motion To Dismiss, Or In The Alternative For Judgment On The Pleadings, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Purchasing Power, Llc Order On Bluestem Brands, Inc.'S Motion To Dismiss The Tortious Interference And Unjust Enrichment Claims And Plaintiff's Cross-Motion To Strike References To Vacated Summary Judgment Order, Melvin K. Westmoreland Dec 2016

Purchasing Power, Llc Order On Bluestem Brands, Inc.'S Motion To Dismiss The Tortious Interference And Unjust Enrichment Claims And Plaintiff's Cross-Motion To Strike References To Vacated Summary Judgment Order, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Dong Feng Fang Et Al. Order Denying Plaintiffs' Motion For Partial Summary Judgment As To Liability And Compensatory Damages, Melvin K. Westmoreland Nov 2016

Dong Feng Fang Et Al. Order Denying Plaintiffs' Motion For Partial Summary Judgment As To Liability And Compensatory Damages, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Sb 323 - State Printing And Documents, M. Adam Kaye Jr., Kaitlyn Pettet Nov 2016

Sb 323 - State Printing And Documents, M. Adam Kaye Jr., Kaitlyn Pettet

Georgia State University Law Review

The Act exempts economic development project documents, maintained by any state government agency, from public disclosure until the project is secured by binding commitment. The Act also allows any state university’s athletic department ninety days to return open records requests.


Hb 727 - Regulation Of Fireworks, Tim Henshaw, Max Perwich Nov 2016

Hb 727 - Regulation Of Fireworks, Tim Henshaw, Max Perwich

Georgia State University Law Review

HB 727 establishes provisions to allow local governments to restrict the usage of fireworks. It also changes regulations for the following: the sale and use of fireworks, temporary consumer fireworks sales stands, fire department requirements, firefighter qualifications, pyrotechnics exhibits, consumer fireworks distributor licenses, fireworks contraband, limitations on the timing of firework detonations, and illegal sales of fireworks. HB 727 revises provisions regarding the lawful use and ignition of fireworks and prohibits the following: use of fireworks near any public transportation routes, ignition of fireworks under the influence of alcohol or drugs, sale of fireworks to any person under 18 years …


Hb 362 & Hb 588 - Controlled Substances, William Fawcett, April Meeks Nov 2016

Hb 362 & Hb 588 - Controlled Substances, William Fawcett, April Meeks

Georgia State University Law Review

The Act mandates the installation of real-time electronic tracking systems in all pharmacies that sell products containing ephedrine and pseudoephedrine, which are ingredients used in the manufacture of methamphetamine. When customers attempt to purchase more than the maximum amount of these products, the tracking system blocks the sale by issuing a stop sale alert.


Hb 859 - Offenses Against Public Order And Safety, David Hsu, Jessica Weekley Truelove Nov 2016

Hb 859 - Offenses Against Public Order And Safety, David Hsu, Jessica Weekley Truelove

Georgia State University Law Review

The Act would have allowed legal possession of a concealed firearm for individuals with a Georgia Weapons Carry License on property owned or leased by a technical school, college, or university.


Hb 757 - Public Lawsuits: Protect Religious Freedoms, Phillip Kuck, William Cody Newsome Nov 2016

Hb 757 - Public Lawsuits: Protect Religious Freedoms, Phillip Kuck, William Cody Newsome

Georgia State University Law Review

The Act purported to protect the free exercise of religion for religious officials and institutions. Religious officials would not be required to perform marriage ceremonies in violation of their legal right to free exercise of religion. Moreover, faith based organizations would have been permitted to deny employment to individuals whose religious beliefs, or lack thereof, are not in accord with the organization. The Act would have further provided that no business may be required, by legislation, to operate on Saturday or Sunday and that sovereign immunity is waived under certain circumstances.


Hb 941 - Pretrial Proceedings, Majda Muhic, Kirstin Rodrigues Nov 2016

Hb 941 - Pretrial Proceedings, Majda Muhic, Kirstin Rodrigues

Georgia State University Law Review

The Act changes the grand jury proceedings for police officers charged with committing a crime in the course of performing their official duties. Prior to the Act, Georgia police officers were permitted to be present for the entire duration of grand jury proceedings, hear all of the evidence presented against them, and then testify to the grand jury at the end of the proceedings without being subject to cross examination. Grand jury hearings produced no records, so interested parties had no opportunity to find out what transpired in the proceedings. After the passage of the Act, police officers retain the …


Sb 255 - Garnishment Proceedings, Amy Bement, Kianna Hawkins, Elizabeth Wedegis Nov 2016

Sb 255 - Garnishment Proceedings, Amy Bement, Kianna Hawkins, Elizabeth Wedegis

Georgia State University Law Review

The Act reorganizes and modernizes Georgia’s garnishment code by requiring notice of garnishment exemptions to debtors, providing a process for the resolution of exemption claims, limiting the garnishment period for financial accounts to twenty four hours, requiring service of garnishment summons to be performed upon a registered agent of a corporation, and mandating the use of the forms provided in the Act.


Hb 768 - Georgia Achieving A Better Life Experience (Able), Amy Patterson, Melissa Sprinkle Nov 2016

Hb 768 - Georgia Achieving A Better Life Experience (Able), Amy Patterson, Melissa Sprinkle

Georgia State University Law Review

The Act creates a tax-exempt savings account program for persons with disabilities in order to help them live independently. It creates an ABLE Program Corporation whose board is authorized to implement and administer the program.


Sb 331 - Parent And Child Relationship Generally, Corbin Aiken, Karen Lowell Nov 2016

Sb 331 - Parent And Child Relationship Generally, Corbin Aiken, Karen Lowell

Georgia State University Law Review

The Act amends provisions of Georgia’s domestic relations statutes to allow a court to deny a biological father’s legitimation petition or to terminate his parental rights when there is clear and convincing evidence that the child was conceived as a result of rape. If the court denies the biological father’s legitimation petition, the child is still capable of inheriting from the father, but the father is not capable of benefiting from the child.


Hb 513 - Civil Practice Act: Anti-Slapp, Pierre-Joseph Noebes, Rachel Reed Nov 2016

Hb 513 - Civil Practice Act: Anti-Slapp, Pierre-Joseph Noebes, Rachel Reed

Georgia State University Law Review

The Act amends Georgia’s anti-SLAPP statute to expand its coverage from protecting the right to petition to also include protecting the right of free speech in connection with an issue of public interest or concern. Claims brought against those involved in such activities shall be subject to a motion to strike, unless the court determines that the non-moving party has established a probability that the claimant can prevail on the merits. If the moving party succeeds on a motion to strike,the court will award the party attorney’s fees and costs associated with the motion. Any order granting or denying a …


Hb 801 - Postsecondary Education: Hope Scholarship, S. Umarah Ali, Sakinah N. Jones Nov 2016

Hb 801 - Postsecondary Education: Hope Scholarship, S. Umarah Ali, Sakinah N. Jones

Georgia State University Law Review

The Act amends provisions of the HOPE scholarship by allowing students who choose to take more rigorous courses to have a weighted grade point average for the evaluation of their HOPE scholarship disbursement.


Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford Nov 2016

Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford

Georgia State University Law Review

The Act expands the jurisdiction of the Georgia Court of Appeals and increases the number of Supreme Court Justices from seven to nine to alleviate the overly burdened Supreme Court of Georgia. The Supreme Court had exclusive appellate jurisdiction over cases involving title to land, wills, and divorce. The Act allows the Court of Appeals to hear appeals on these matters.


Sb 367 - Comprehensive Reform For Offenders Entering, Proceeding Through, And Leaving The Criminal Justice System, W. Sean Mcphillip, Andrew A. Palmer, Oren Snir Nov 2016

Sb 367 - Comprehensive Reform For Offenders Entering, Proceeding Through, And Leaving The Criminal Justice System, W. Sean Mcphillip, Andrew A. Palmer, Oren Snir

Georgia State University Law Review

The Act provides comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system. It expands accountability courts and pretrial intervention and diversion programs. The Act provides for students incarcerated in Department of Corrections facilities or incarcerated or committed to Department of Juvenile Justice facilities to receive educational services through a state charter school. It also revises matters and procedures related to school discipline and the regaining of driving privileges for those convicted of certain crimes. In addition, the Act clarifies the responsibilities of, and provides for reorganization within, the Board of Community Supervision and Department of Community …


Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt, John J. Goger Oct 2016

Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Equitrade International, Inc. Et Al., Order, John J. Goger Oct 2016

Equitrade International, Inc. Et Al., Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Runzhou Zhang Et Al., Final Order And Judgment, Melvin K. Westmoreland Oct 2016

Runzhou Zhang Et Al., Final Order And Judgment, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Uas Investments Llc Order On Uas Investments, Llc's Motion To Compel, Elizabeth E. Long Sep 2016

Uas Investments Llc Order On Uas Investments, Llc's Motion To Compel, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Tin Star Development Llc Order On Motion To Partially Quash The Subpoena Directed To Community Bank Of The South, John J. Goger Sep 2016

Tin Star Development Llc Order On Motion To Partially Quash The Subpoena Directed To Community Bank Of The South, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Robert L. Nix Order On Plaintiff Robert L. Nix's Motion For Partial Summary Judgment On All Of Defendant's Fraud And Misrepresentation Claims, John J. Goger Aug 2016

Robert L. Nix Order On Plaintiff Robert L. Nix's Motion For Partial Summary Judgment On All Of Defendant's Fraud And Misrepresentation Claims, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Suntrust Banks, Inc., Et Al., Order On Plaintiffs' Consolidated Motion To Compel Discovery, Alice D. Bonner Aug 2016

Suntrust Banks, Inc., Et Al., Order On Plaintiffs' Consolidated Motion To Compel Discovery, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Providing Fair Relief In Georgia Dispossessory Proceedings, Zack S. Thompson Aug 2016

Providing Fair Relief In Georgia Dispossessory Proceedings, Zack S. Thompson

Georgia State University Law Review

No abstract provided.


Transfers Of Intangible Property: Revise §§ 482 And 936(H) To Tax Transfers Of Business Functions, William Mcdonald Aug 2016

Transfers Of Intangible Property: Revise §§ 482 And 936(H) To Tax Transfers Of Business Functions, William Mcdonald

Georgia State University Law Review

No abstract provided.


"Wrest" In Peace: The Effect Of The Georgia Environmental Protection Division's "Wrested Vegetation Rule" On Coastal Salt Marshes, Luke Donohue Aug 2016

"Wrest" In Peace: The Effect Of The Georgia Environmental Protection Division's "Wrested Vegetation Rule" On Coastal Salt Marshes, Luke Donohue

Georgia State University Law Review

No abstract provided.


57th Henry J. Miller Distinguished Lecture: Keynote Address, Robert Barnes, Dahlia Lithwick, Adam Liptak, Eric J. Segall, Luke Donohue Aug 2016

57th Henry J. Miller Distinguished Lecture: Keynote Address, Robert Barnes, Dahlia Lithwick, Adam Liptak, Eric J. Segall, Luke Donohue

Georgia State University Law Review

No abstract provided.


Transparency And Policymaking At The Supreme Court, Louis J. Virelli Iii Aug 2016

Transparency And Policymaking At The Supreme Court, Louis J. Virelli Iii

Georgia State University Law Review

No abstract provided.


The Supreme Court's Transparency: Myth Or Reality?, Nancy S. Marder Aug 2016

The Supreme Court's Transparency: Myth Or Reality?, Nancy S. Marder

Georgia State University Law Review

No abstract provided.


Invisible Justices: How Our Highest Court Hides From The American People, Eric J. Segall Aug 2016

Invisible Justices: How Our Highest Court Hides From The American People, Eric J. Segall

Georgia State University Law Review

No abstract provided.